FEDERAL DISTRICT ARCHIVE
District of New Mexico
Press releases recorded for this federal judicial district.
Federal Jury Finds Carlsbad Man Guilty of Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a verdict today finding Mia Coy Campbell guilty of being a felon in possession of a firearm. The guilty verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and Commander James McCormick of the Pecos Valley Drug Task Force (PVDTF).
Campbell, 32, of Carlsbad, N.M., was arrested on Oct. 8, 2015, on a criminal complaint charging him with being a felon in possession of a firearm on Sept. 24, 2015, in Eddy County, N.M. Campbell was subsequently indicted on the same charge on Nov. 5, 2015. Campbell was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of methamphetamine with intent to distribute and escape of a prisoner in custody of a correctional institution or officer.
The trial of Campbell on the indictment began on March 22, 2016 and concluded today when the jury returned a verdict finding Campbell guilty on the sole count of the indictment. The evidence at trial established that on Sept. 24, 2015, PVDTF and FBI agents went to Campbell’s residence and arrested him on an outstanding federal arrest warrant. Campbell was arrested as he was walking away from a canopy that had a partially disassembled go-cart underneath. When arrested, Campbell’s hands were dirty and greasy and it appeared as if he had been working on the go-cart. A smoldering Marlboro cigarette that was near a tool bag by the go-cart drew an officer’s attention to the tool bag where the officer found a firearm. A search of Campbell incident to arrest revealed that he had a pack of Marlboro cigarettes in his pocket containing the same type of cigarette that was smoldering on the ground near the go-cart.
Campbell has been in custody since his arrest in Oct. 2015, and will remain detained pending a sentencing hearing which has yet to be scheduled. At sentencing, Campbell faces a statutory maximum penalty of 10 years in federal prison.
The case was investigated by the Las Cruces office of the FBI and the Pecos Valley Drug Task Force with assistance from the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and John Andrew Balla of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Belen Man Sentenced to Five Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Darrell Ray Trammell, 66, of Belen, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 60 months in prison for his methamphetamine trafficking conviction. Trammell will be on supervised release for three years after he completes his prison sentence.
Trammell was arrested in Aug. 2014, on an indictment charging him and co-defendant Cynthia Boykin, 49, also of Belen, with participation in a conspiracy to distribute methamphetamine in Valencia County, N.M. According to the indictment, the conspiracy continued from Nov. 2013 to Jan. 2014. The indictment also charged Trammell and Boykin with distributing methamphetamine in Valencia County in Dec. 2013, and Trammell alone with distributing methamphetamine in Bernalillo County, N.M., in Jan. 2014.
On Sept. 15, 2015, Trammell pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the plea, Trammell admitted that on Jan. 8, 2014, he distributed methamphetamine to an undercover law enforcement officer in exchange for $1,700.00.
Co-defendant Boykin was arrested in March 2015. On May 20, 2015, Boykin pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. She admitted that on Dec. 12, 2013, she distributed three grams of methamphetamine to an undercover law enforcement officer. Boykin was sentenced on Sept. 24, 2015, to five months in federal prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorneys David M. Walsh and Stephen R. Kotz prosecuted the case.
Convicted Felon from Albuquerque Sentenced to Seven Years for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Pete Pasqual Chavez, 36, of Albuquerque, N.M., was sentenced today in federal court to 84 months in prison for being a felon in possession of a firearm. Chavez will be on supervised release for three years after he completes his prison sentence.
Chavez was arrested on Sept. 16, 2015, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Sept. 14, 2015, in Bernalillo County, N.M. According to the complaint, on Sept. 14, 2015, officers of the Albuquerque Police Department (APD) responded to the La Quinta Inn on San Antonio Blvd. NW in Albuquerque after Chavez told hotel personnel that he had just shot a person who was breaking into his vehicle. Upon arrival, the APD officers found a firearm under Chavez’s vehicle. Thereafter the officers executed search warrants for Chavez’s hotel room and vehicle. In the vehicle, the officers found a single projectile that was removed from the inside of the passenger door and a box of Perfecta .45 caliber ammunition. In Chavez’s hotel room, the officers found four rounds of Perfecta .45 caliber ammunition. In the bushes outside Chavez’s room, the officers found a firearm loaded with ten rounds of Perfecta .45 caliber ammunition.
Chavez was indicted on Oct. 7, 2015, and charged with being a felon in possession of a firearm and ammunition. Chavez was prohibited from possessing firearms or ammunition, because he previously had been convicted of attempting to traffic a controlled substance with intent to distribute, possession of a controlled substance, tampering with evidence, shooting from or into a vehicle and use of a telephone to facilitate a drug trafficking crime. Chavez pled guilty to the indictment on Dec. 23, 2015.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD.
Assistant U.S. Attorney Norman Cairns 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 Bernalillo County, N.M., under this initiative.
Federal Jury Finds Mexican National Guilty on Cocaine Trafficking ChargeRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict today finding Edgar Solis guilty on a cocaine trafficking charge. The guilty verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., and Albuquerque Police Chief Gorden Eden, Jr.
Solis, 29, a Mexican national currently residing in Albuquerque, and his co-defendant Daniel Solis-Castillo, 33, also a Mexican national, were indicted in Dec. 2013, and charged with cocaine trafficking offenses. The indictment also charged Solis-Castillo with illegal reentry into the United States by a previously removed alien. After Solis-Castillo entered a guilty plea, a five-count superseding indictment against Solis was filed. The superseding indictment charged Solis with conspiracy to distribute cocaine; attempted possession of cocaine with intent to distribute; possession of cocaine base with intent to distribute; being a felon in possession of a firearm and ammunition; and using a firearm in relation to a drug trafficking crime. It alleged that Solis committed the five crimes on Nov. 13, 2013, in Bernalillo County, N.M.
Solis’s trial on the superseding indictment began on March 15, 2016. Before the case was submitted to the jury, the court dismissed four of the five counts. The trial concluded shortly before noon today when the jury returned a verdict finding Solis guilty of attempted possession of cocaine with intent to distribute.
The evidence at trial established that on Nov. 13, 2013, Solis-Castillo negotiated to buy five kilograms of cocaine from a person who unbeknownst to him was an undercover officer. After Solis-Castillo arrived at the prearranged location to complete the drug deal, he did not like the quality of the cocaine, and made a telephone call to someone else who could “check it out.” Shortly thereafter, Solis arrived at the location, inspected the cocaine, and engaged in a quiet conversation with Solis-Castillo. Solis-Castillo then told the undercover agent they would take one kilogram and if they liked it, they would come back for the remainder. Solis agreed with Solis-Castillo. Solis-Castillo then asked Solis if he had a bag for the cocaine and Solis responded by walking over to his vehicle. At that point, Solis and Solis-Castillo were arrested by HSI agents and APD officers. Solis initially was charged with state charges which were dismissed after he was arrested in Feb. 2014, on the federal charges in this case.
Solis had been on conditions of release while awaiting trial, but was detained after being convicted, pending his sentencing hearing, which has yet to be scheduled. At sentencing, Solis faces a statutory mandatory minimum of five years and maximum of 40 years in federal prison. Solis will be deported after he completes his prison sentence.
Solis-Castillo pled guilty in July 2014, to cocaine trafficking and immigration charges. He was sentenced on Dec. 30, 2015, to 37 months in federal prison and will be deported after completing his prison sentence.
The case was investigated by the Albuquerque office of HSI and the Albuquerque Police Department with assistance from the DEA in Albuquerque, New Mexico Department of Public Safety and the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Paul Mysliwiec and Jack E. Burkhead are prosecuting the case.
El Paso, Texas, Man Sentenced to 151 Months in Federal Prison for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Iveran Dywon Magby, 42, of El Paso, Texas, was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to 151 months in prison for his methamphetamine trafficking conviction. Magby will be on supervised release for five years after completing his prison sentence.
Magby was arrested on Oct. 24, 2014, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and conspiracy to distribute methamphetamine. According to the criminal complaint, Magby sold approximately 173.2 grams of methamphetamine to an undercover law enforcement agent on May 20, 2014, in Doña Ana County, N.M.
On Jan.15, 2015, Magby entered a guilty plea to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. The guilty plea was entered without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney Alfred J. Perez.
Deming Man Pleads Guilty to Production of Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Robert Steven Elliott, II, 32, of Deming, N.M., entered a guilty plea today in federal court in Las Cruces, N.M., to production of child pornography charges. Under the terms of the plea agreement, Elliott will be sentenced to a prison term within the range of 20 to 45 years followed by a lifetime of supervised release. The plea agreement also indicates that Elliott has agreed to pay $210,012 in restitution to the child he victimized through his criminal conduct. Elliott will be required to register as a sex offender upon his release from prison.
Elliott’s guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., Luna County Sheriff John Mooradian, and Chief Jaime Montoya of the Las Cruces Police Department.
In announcing the guilty plea, U.S. Attorney Damon P. Martinez commended the efforts of the officers involved in the investigation, “This joint federal, state and local investigation demonstrates the resolve of the law enforcement community to work together to bring those who victimize children to justice. The U.S. Attorney’s Office is proud to work side-by-side with officers who are devoted to protecting our children from predators.”
“Sex crimes against children are among the most heinous crimes HSI special agents investigate,” said Waldemar Rodriguez, Special Agent in Charge of HSI El Paso. “And we will not relent in our pursuit to catch these malicious predators who traumatize children, leaving them emotionally and physically scarred for life.”
“This is another wonderful example of multiple law enforcement agencies working together to uncover evidence that helped build a strong case,” said Chief Jaime Montoya of the Las Cruces Police Department.
Elliott was arrested on Oct. 30, 2015, on a criminal complaint charging him with producing and possessing visual depictions of minors engaged in sexually explicit conduct in Luna County, N.M. The investigation into Elliott began on Oct. 30, 2015, when a woman reported to law enforcement authorities that she had discovered child pornography images on a cellphone belonging to Elliott and surrendered the cellphone to the authorities. After obtaining a federal search warrant for the cellphone, law enforcement officers found that the cellphone contained multiple images of child pornography, including images of a child under the age of 12.
Elliott was indicted on Jan. 20, 2016, and charged with six counts of production of child pornography. The indictment charged Elliott with producing child pornography on Nov. 23, 2014 and Sept. 28, 2015 in Luna County. Today Elliott pled guilty to two of the six counts of the indictment, and Elliott admitted using his cellphone on Nov. 23, 2014 and Sept. 28, 2015, to take a pornographic visual image of a child whom he knew to be under 12 years of age.
Elliott has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Deming and Las Cruces offices of Homeland Security Investigations, the Luna County Sheriff’s Office, the Las Cruces Police Department, the El Paso Police Department, and the New Mexico Internet Crimes Against Children (ICAC) Task Force.
Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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.
Artesia Man Sentenced to 92 Months for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Victor R. Castillo, 37, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 92 months in prison for violating the federal firearms laws. Castillo will be on supervised release for three years following his incarceration.
Castillo was arrested on Sept. 1, 2015, on an indictment charging him with being a felon in possession of firearms and ammunition and possession of an unregistered firearm on Jan. 28, 2015, in Eddy County, N.M. Castillo was prohibited from possessing firearms and ammunition because he previously had been convicted of importation of marijuana, possession of marijuana with intent to distribute, aggravated fleeing a law enforcement officer, and possession of a controlled substance.
On Dec. 18, 2015, Castillo pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
This case was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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 Eddy County, N.M., under this initiative.
Espanola Man Pleads Guilty to Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Matthew Martinez, 38, of Espanola, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge.
Martinez was arrested on Dec. 3, 2015, on a three-count indictment charging him with heroin trafficking offenses. The indictment alleged that Martinez distributed heroin in Bernalillo County, N.M., on April 30, 2015. It also charged Martinez with distributing heroin on two occasions in Santa Fe, N.M.; the first time on May 1, 2015 and the second on Sept. 16, 2015.
During today’s proceedings, Martinez pled guilty to distributing heroin on Sept. 16, 2015. In his plea agreement, Martinez admitted selling approximately two ounces of heroin to an undercover FBI agent outside of the Walmart located at 5701 Herrera Drive in Santa Fe.
At sentencing, Martinez faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Martinez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Santa Fe office of the FBI. This case is being prosecuted by Assistant U.S. Attorney Joel R. Meyers 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 Man Pleads Guilty to Federal Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Fabian Baros, 38, of Albuquerque, N.M., pleaded guilty today in federal court to a bank robbery charge under a plea agreement with the U.S. Attorney’s Office.
Baros was arrested in Sept. 2015, on a criminal complaint charging him with robbing the BBVA Compass Bank located at 1201 San Pedro Dr. in Albuquerque, on Sept. 10, 2015. The complaint alleged that Baros robbed the bank by approaching the bank teller and demanding money. Baros was arrested later that day by the Albuquerque Police Department.
Baros was subsequently indicted on Oct. 7, 2015. During today’s proceedings, Baros pled guilty to the indictment and admitted that he robbed the BBVA Compass Bank on Sept. 10, 2015.
At sentencing, Baros faces a maximum penalty of 20 years in federal prison followed by up to three years of supervised release. Baros remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Navajo Man from Torreon Sentenced to Three Years Probation for Federal Misdemeanor Assault ConvictionRead the Press Release
ALBUQUERQUE – Orlando King, 35, an enrolled member of the Navajo Nation who resides in Torreon, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a misdemeanor assault charge. After entering his guilty plea, King was sentenced to three years of probation.
King was arrested on Dec. 29, 2015, on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm. According to the complaint, on Dec. 4, 2015, in Sandoval County, N.M., King and another man allegedly attacked the victim, hitting the victim in the face, kicking his body and face, and hitting the victim in the left arm and back with an ax. The victim sustained an open fracture to the bone between his elbow and shoulder that required two surgeries.
During today’s proceedings, King pled guilty to a misdemeanor information charging him with assault by striking, beating or wounding. In entering the guilty plea, King admitted that on Dec. 4, 2015, he and another man got into a verbal argument with the victim, and the other man began to physically fight the victim. King further admitted that he struck and kicked the victim several times, and the other man involved in the fight then used an ax to strike the victim which caused serious injury. King admitted that he did not participate or encourage the assault with the ax. The assault occurred within the Navajo Indian Reservation. A sentencing hearing has yet to be scheduled.
The other man referred to by King is Henderson Castillo who is charged in a two-count indictment with assault with a dangerous weapon and assault resulting in serious bodily injury. The indictment alleges that Castillo injured the victim by assaulting him with an ax on Dec. 4, 2015. Castillo has entered a not guilty plea to the indictment and remains detained pending trial. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Sarah Mease.
Albuquerque Man Sentenced to Seven Years for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Marquis Pounds, 28, of Albuquerque, N.M., was sentenced today in federal court to 84 months in prison for being a felon in possession of firearms and ammunition. Pounds will be on supervised release for three years after completing his term of incarceration.
Pounds was arrested in June 2015, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on June 5, 2015, in Bernalillo County, N.M. According to the criminal complaint, law enforcement officers executed a search warrant on Pounds’ residence in northeast Albuquerque and seized a revolver and ammunition. Subsequent investigation revealed that revolver and ammunition had been reported stolen from a pawn shop in Los Lunas, N.M. Pounds was subsequently indicted on July 14, 2015, on the same charge.
According to court documents, Pounds was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving or transferring a stolen vehicle, tampering with evidence, possession of narcotics with intent to distribute, conspiracy to possess narcotics with intent to distribute, and embezzlement.
On Dec. 17, 2015, Pounds pled guilty to the indictment and admitted that on June 5, 2015, he possessed a firearm despite the fact that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Albuquerque office of the Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department, the Raton Police Department and the Los Lunas Police Department with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Presiliano A. Torrez 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 Bernalillo County, N.M., under this initiative.
Navajo Woman Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Sheiva Dee Joe, 30, an enrolled member of the Navajo Nation who resides in Yahtahey, N.M., pleaded guilty this morning to an indictment charging her with involuntary manslaughter. Under the terms of her plea agreement, Joe will be sentenced to 18 months in federal prison followed by a term of supervised release to be determined by the court.
Joe was arrested on July 15, 2015, on an indictment charging her with killing a man on Nov. 18, 2014, while driving under the influence of alcohol on the Navajo Indian Reservation in McKinley County, N.M.
During today’s hearing, Joe pled guilty to the indictment and admitted killing the victim by driving recklessly while under the influence of alcohol. Joe admitted that because of her intoxication, she was incapable of exercising clear judgment and a steady hand in operating a vehicle, and that she operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
Joe remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Mescalero Apache Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Alvino L. Saenz, 49, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Saenz was one of 34 individuals charged in December 2015 with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Saenz was arrested on Dec. 11, 2015, on an indictment charging him with distributing methamphetamine in Otero County, N.M., on July 14, 2015. During today’s proceedings, Saenz entered a guilty plea to the indictment and admitted that on July 14, 2015, he sold .85 grams of pure methamphetamine to an individual who, unbeknownst to him, was an undercover law enforcement agent.
At sentencing, Saenz faces a maximum of 20 years in federal prison followed by not less than three years of supervised release. Saenz remains in custody pending a sentencing hearing which has yet to be scheduled.
Saenz is the fifth of the 18 federal defendants to enter a guilty plea. The following federal defendants have previously pled guilty and are awaiting sentencing:
-
On March 9, 2016, Robin Lee Lovelace, 56, of Alamogordo, N.M., pled guilty to methamphetamine trafficking charges.Under the terms of her plea agreement, Lovelace will be sentenced to 12 years in federal prison followed by a term of supervised release to be determined by the court.
-
On March 3, 2016, Tandee Sheree Bettag, 38, of Alamogordo, pled guilty to methamphetamine trafficking charges.At sentencing, Bettag faces a maximum of 20 years in federal prison.
-
On Feb. 17, 2016, Jerilyn Lee Munoz, 27, of Artesia, N.M., pled guilty to a money laundering conspiracy charge.At sentencing, Munoz faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release.
-
Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty to a methamphetamine distribution charge on Feb. 5, 2016. At sentencing, Rice faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.
The remaining 13 federal defendants have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
-
Career Offender from Valencia County Sentenced to 12 Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Ricky Gallegos, 41, of Jarales, N.M., was sentenced today in federal court in Albuquerque, N.M., to 12 years in prison followed by five years of supervised release for his methamphetamine trafficking conviction. The sentence was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division.
Gallegos was arrested in Jan. 2015, on a criminal complaint charging him with possessing methamphetamine with intent to distribute on Jan. 20, 2015, in Bernalillo County, N.M. According to the criminal complaint, Gallegos fled from DEA agents after they observed him participate in a drug transaction. After a brief pursuit, the agents apprehended Gallegos who was in possession of 1.20 kilograms (2.6 pounds) of methamphetamine which he attempted to conceal by burying the drugs under his vehicle.
Gallegos was indicted on the same charge on Feb. 10, 2015. On April 16, 2015, Gallegos pled guilty to the indictment and admitted that on Jan. 20, 2015, he was in possession of 1.2 kilograms of methamphetamine. Gallegos acknowledged that while he was attempting to flee from the officers, he crashed his vehicle into a dirt pile. He further acknowledged that before the officers apprehended him, he buried the methamphetamine and his wallet in the wreckage.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Shaheen P. Torgoley 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.
Arizona Man Sentenced to 70 Months for Federal Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Ricardo Salcido, 29, of Avondale, Ariz., was sentenced today in federal court in Las Cruces, N.M., to 70 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Salcido and his co-defendant Jonathan Benitez-Tirado, 22, of Phoenix, Ariz., were arrested on Oct. 9, 2014, on a criminal complaint charging them with conspiracy and possession of methamphetamine with intent to distribute on Sept. 10, 2014, in Luna County, N.M. According to the criminal complaint, Homeland Security Investigations (HSI) agents initiated surveillance of a vehicle driven by Salcido after receiving information that he was helping Benitez-Tirado transport 3.5 pounds of methamphetamine to Deming, N.M. During a traffic stop, HSI agents discovered three bags of crystal methamphetamine weighing approximately 1.34 kilograms (three pounds) under the spare tire of the vehicle driven by Salcido.
On April 9, 2015, Salcido pleaded guilty to a felony information charging him with conspiracy to possess methamphetamine with intent to distribute. In entering the guilty plea, Salcido admitted that from Sept. 3 to 10, 2014, he conspired with Benitez-Tirado to transport approximately 1.34 kilograms of methamphetamine to a pre-arranged location and distribute the methamphetamine to another individual.
Benitez-Tirado also pled guilty to the same charges on April 9, 2015. At sentencing, Benitez-Tirado faces a maximum of 20 years in federal prison followed by not less than three years of supervised release. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Deming and Phoenix offices of HSI and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Anthony, N.M., Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Candelario Ayala, Jr., 40 of Anthony, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws under a plea agreement with the U.S. Attorney’s Office.
Ayala was arrested in Nov. 2015, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Oct. 23, 2015, in Doña Ana County, N.M. According to the complaint, on Oct. 23 and 24, 2015, Ayala was allegedly involved in the armed kidnapping of an adult. During a confrontation preceding the kidnapping, Ayala allegedly was armed with a firearm which he discharged into the floor of the residence in which he and the victim were located. At the time, Ayala was prohibited from possessing firearms and ammunition because he had previously been convicted of aggravated battery resulting in great bodily harm, conspiracy to commit aggravated battery with a deadly weapon, and bribery of a witness.
During today’s proceedings, Ayala pleaded guilty to a felony information charging him with unlawfully possessing a firearm on Nov. 3, 2015. Ayala admitted that on that day in Doña Ana County, he possessed a semi-automatic rifle. Ayala further admitted that he was prohibited from possessing firearms because he of his status as a convicted felon.
At sentencing, Ayala faces a maximum penalty of ten years in federal prison. Ayala remains in custody pending a sentencing hearing which has not yet been scheduled.
This case was investigated by the Las Cruces office of the FBI and the Doña Ana County Sheriff’s Office. 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 Producing Child Pornography Involving Two ToddlersRead the Press Release
ALBUQUERQUE – Michael Dameon Blackburn, 30, of Albuquerque, N.M. pleaded guilty today in federal court to producing, distributing, receiving and possessing child pornography involving two toddlers. Blackburn entered his guilty plea under a plea agreement that permits him to appeal from a court order denying his motion to suppress evidence. Blackburn will be permitted to withdraw his guilty plea if he prevails on his appeal.
The guilty plea was announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., Bernalillo County Sheriff Manuel Gonzales, III, and Albuquerque Police Chief Gorden Eden, Jr.
Blackburn was arrested in Dec. 2013, by HSI agents on the criminal complaint charging him with producing and distributing visual depictions of minors engaged in sexually explicit conduct in Bernalillo County, N.M., between March 2013 and Dec. 2013. In Jan. 2014, a federal grand jury filed a five-count indictment charging Blackburn was distribution, receipt and possession of child pornography, and two counts of producing child pornography. The indictment alleged that Blackburn committed all five offenses in Bernalillo County between Jan. 2013 and Dec. 2013.
The investigation leading to the charges against Blackburn began on Nov. 15, 2013, when HSI in Albuquerque received information from the HSI Cyber Crimes Center about a pornographic image of a young child victim who might be in the Albuquerque area. HSI’s investigative efforts identified a residence in northeast Albuquerque as a possible location for the person who may have distributed the pornographic image of the young child victim.
Court filings indicate that on Dec. 17, 2013, law enforcement officers conducted a welfare check at the residence and made contact with Blackburn and two young children, a girl and a boy both two years of age, who apparently were left in Blackburn’s care while their parents were out of town. The officers learned that Blackburn had been sexually molesting the toddlers from at least March 2013 through Dec. 2013, and taking photographs and making videos of the toddlers while he molested them. They also learned that Blackburn emailed the pornographic images and videos of the toddlers to others. The two young victims were immediately removed from the residence and put into protective custody.
During today’s change of plea hearing, Blackburn pled guilty to all five counts of the indictment. In his plea agreement, Blackburn admitted distributing a video of a female toddler being forced to perform a sexual act on an adult male. He also admitted receiving a video of a male toddler being forced to perform a sexual act with an adult male, and possessing a pornographic image of a female toddler. Blackburn also acknowledged producing pornographic images of a female toddler and a male toddler.
At sentencing, Blackburn faces a mandatory minimum of 15 years and a maximum of 30 years in prison on each of the production of child pornography charges, and a mandatory minimum of five years and a maximum of 20 years in prison for the distribution and receipt of child pornography charges. He also faces up to 20 years in prison for the possession of child pornography charges. Additionally, Blackburn will be required to register as a sex offender after he completes his prison sentence and pay restitution to the victims as ordered by the court.
Blackburn has been in custody since his arrest and remains detained pending a sentencing hearing, which has not yet been scheduled.
This case was investigated by the Albuquerque office of HSI, Bernalillo County Sheriff’s Office and the Albuquerque Police Department, all members of the New Mexico Internet Crimes Against Children (ICAC) Task Force, and is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Marisa A. Lizarraga 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 Operation 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 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.
Mescalero Apache Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Glen Joel Lester, 38, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Lester was one of 34 individuals charged in Dec. 2015 with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Lester was arrested on Dec. 15, 2015, on an indictment charging him with two counts of methamphetamine distribution. During today’s change of plea hearing, Lester pled guilty to both counts of the indictment and admitting selling methamphetamine to an undercover law enforcement agent on two occasions. The first drug sale occurred on Aug. 19, 2015, in Mescalero, and involved the sale of $500 worth of methamphetamine. The second drug sale took place in Mescalero on Sept. 10, 2015, and involved the sale of $1,500 worth of methamphetamine.
At sentencing, Lester faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release. His sentencing hearing has yet to be scheduled.
Lester is the fourth of the 18 federal defendants to enter a guilty plea. The following defendants previously entered guilty pleas:
-
On March 9, 2016, Robin Lee Lovelace, 56, of Alamogordo, N.M., pled guilty to methamphetamine trafficking charges.Under the terms of her plea agreement, Lovelace will be sentenced to 12 years in prison followed by a term of supervised release to be determined by the court.
-
On Feb. 17, 2016, Jerilyn Munoz, 28, of Artesia, N.M., pled guilty to a money laundering conspiracy charge.At sentencing, Munoz faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release.
-
Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty to a methamphetamine distribution charge on Feb. 5, 2016. At sentencing, Rice faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
-
Mexican Nationals Plead Guilty to Federal Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Two Mexican nationals pled guilty yesterday in federal court in Las Cruces, N.M., to cocaine trafficking charges under plea agreements with the U.S. Attorney’s Office.
Luzelena Lopez, 41, and Alma Ivonne Chavez-Guevara, 35, both Mexican nationals, were arrested in Nov. 2015, and charged in a criminal complaint with conspiracy and possession of cocaine with intent to distribute on Nov. 11, 2015, in Otero County, N.M. According to the criminal complaint, Lopez and Chavez-Guevara were arrested after U.S. Border Patrol agents at the Border Patrol Checkpoint on Highway 70 in Otero County, found approximately 8.7 kilograms (19.22 pounds) of cocaine wrapped in eight bundles inside a duffel bag in their vehicle.
During yesterday’s proceedings, Lopez and Chavez-Guevara pled guilty to a felony information charging them with conspiracy to possess cocaine with intent to distribute. Both women admitted that on Nov. 11, 2015, they were stopped at the Border Patrol Checkpoint on Highway 70. During an inspection of their vehicle, Chavez Guevara admitted that she was present in the United States without permission. Thereafter, the agents found the cocaine in a duffel bag on the rear passenger floorboard. Lopez and Chavez-Guevara admitted that they previously agreed with each other and others to deliver the cocaine to Kansas in exchange for payment.
At sentencing, Lopez and Chavez-Guevara each face a maximum penalty of 20 years in federal prison. Both women will be deported following their incarceration. Lopez and Chavez-Guevara remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Alamogordo station of the U.S. Border Patrol. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Corinne Delphine Kinzhuma, 30, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to assault charges.
Kinzhuma was arrested on Feb. 26, 2015, on a criminal complaint charging her with assaulting a Mescalero Apache man on Dec. 12, 2014, by stabbing him repeatedly in neck, chest, arm and cheek. The assault occurred on the Mescalero Apache Indian Reservation in Otero County, N.M. As a result of the assault, the victim required a chest tube and admission to the surgical intensive care unit for continuous monitoring of his neck wound; he also suffered a fracture of the left radius.
Kinzhuma was subsequently indicted on June 17, 2015, and charged with assault with a dangerous weapon, a knife, with intent to do bodily harm and assault resulting in serious bodily injury on Dec. 12, 2014, in Indian Country in Otero County. During yesterday’s proceedings, Kinzhuma entered a guilty plea to the indictment without the benefit of a plea agreement.
At sentencing, Kinzhuma faces a statutory maximum of ten years in federal prison. Kinzhuma remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Sentenced to Seven Years for Stealing Prescription Painkillers and Brandishing Firearm During Robbery of Retail PharmacyRead the Press Release
ALBUQUERQUE – Eddie Gallegos, 39, of Albuquerque, N.M., was sentenced today in federal court for his conviction on theft of medical products and firearms charges arising out of the armed robbery of an Albuquerque-area retail pharmacy in June 2013. Gallegos was sentenced to 84 months in federal prison followed by three years of supervised release.
Gallegos was arrested in June 2015, on an indictment charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce, using and carrying a firearm during a crime of violence, violating the Safe Doses Act by stealing medical products, and possession of Oxycodone with intent to distribute. The charges against Gallegos arose out of the robbery of Phil’s Pills, a retail pharmacy in Albuquerque, on June 21, 2013.
On Dec. 1, 2015, Gallegos pled guilty to brandishing a firearm in furtherance of a crime of violence and violating the Safe Doses Act by stealing medical products. In entering his guilty plea, Gallegos admitted that on June 21, 2013, he entered the pharmacy called Phil’s Pills located at 5510 Lomas Blvd. in Albuquerque, pointed a firearm at an employee and the store owner, and demanded they fill his backpack with Oxycodone, OxyContin and Fentanyl. After the store owner complied with his demand, Gallegos fled the scene.
This case was investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque and the Albuquerque Police Department. Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley prosecuted the case.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA. It created penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon. The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
This case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative 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 Felon Pleads Guilty to Violating Federal Firearms Laws and the Hobbs ActRead the Press Release
ALBUQUERQUE – Vincent Steven Martinez, 38, of Albuquerque, N.M., pleaded guilty late yesterday afternoon in federal court to violating the Hobbs Act by robbing a commercial business involved in interstate commerce and being a felon in possession of firearms and ammunition. He also acknowledged violating the terms of his supervised release on a previous felony conviction. Under the terms of his plea agreement, Martinez will be sentenced to 139 months in federal prison followed a term of supervised release to be determine by the court.
The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and Bernalillo County Sheriff Manuel Gonzales, III.
Martinez was arrested on Dec. 4, 2015, on an indictment charging him with being a felon in possession of a firearm and ammunition on Sept. 15, 2015, in Bernalillo County, N.M. The indictment was subsequently superseded on Jan. 14, 2016, to include charging Martinez with violating the Hobbs Act on Sept. 12, 2015, by robbing a business engaged in interstate commerce in Bernalillo County. At the time, Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated battery, armed bank robbery and bank robbery.
During yesterday’s proceedings, Martinez pled guilty to the superseding indictment. Martinez also entered a guilty plea a petition charging him with violating the terms of his supervised release on a prior felony conviction for use of a controlled substance and possession of a firearm. In pleading guilty to the superseding indictment, Martinez admitted robbing three businesses in addition to the business identified in the superseding indictment. To that end, Martinez admitted the following criminal conduct:
-
On Aug. 14, 2015, Martinez entered the Valero gas station at 1715 Moon Street in Albuquerque, pointed a gun at and threatened the cashier and stole cash and cigarettes before fleeing the store.
-
On Sept. 5, 2015, Martinez entered the Holiday Inn at 4501 Alameda Blvd. in Albuquerque, showed the hotel employee a knife and demanded money, stole cash and a camera and fled.
-
On Sept. 10, 2015, Martinez entered the La Quinta Inn at 5241 San Antonio Dr. in Albuquerque, pointed a gun at and threatened a hotel employee, took money and fled.
-
On Sept. 12, 2015, Martinez entered the Family Dollar at 7900 Second St. in Albuquerque, showed the cashier a gun and demanded money.Martinez admitted that, as he was grabbing money from the cash register at the Family Dollar, he dropped his wallet which had his driver’s license in it.
Martinez was arrested on Sept. 15, 2015, for the Family Dollar robbery. At the time of his arrest, Martinez possessed a firearm and multiple rounds of ammunition. Martinez admitted that prior to his arrest he had been convicted of aggravated battery, armed bank robbery and bank robbery. He admitted violating the conditions of his supervised release by committing the aforementioned robberies and by possessing the firearm and ammunition.
In entering his guilty plea to the supervised release violation, Martinez admitted that on April 28, 2010, he was convicted of armed bank robbery and was sentenced to 71 months of imprisonment followed by three years of supervised release which commenced on June 13, 2014. Martinez admitted that by Jan. 2015, he had failed to submit to drug testing and counseling sessions as required under the conditions of his supervised release and the United States Probation Office filed a petition seeking to revoke his supervised release.
Martinez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s office. Assistant U.S. Attorney Shana B. Long 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.
-
Rio Arriba Man Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Glenn Gene Fernandez, 46, of Alcalde, N.M., pleaded guilty yesterday in federal court to violating the Sex Offender Registration and Notification Act (SORNA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Fernandez was charged in a criminal complaint on Dec. 1, 2015, with violating SORNA by failing to update his sex offender registration. Fernandez was required to register as a sex offender as a result of a 2004 state conviction in Santa Clara, Calif., for criminal sexual battery involving a restrained person. Fernandez last complied with his sex offender registration requirements in California in Aug. 2011. In Nov. 2015, the U.S. Marshals Service received a request to assist the Rio Arriba County Sheriff’s Office with charging Fernandez with a SORNA violation. The U.S. Marshals Services’ investigation revealed that Fernandez had residing in New Mexico since at least Feb. 2013, and had not registered as a sex offender in New Mexico as required by SORNA.
During yesterday’s proceedings, Fernandez pled guilty to a felony information charging him with failing to update his registration between Feb. 2013 and Dec. 2015 in Rio Arriba County, N.M. Fernandez entered the guilty plea without the benefit of a plea agreement.
At sentencing, Fernandez faces a statutory maximum penalty of ten years in federal prison followed by a minimum of five years of supervised release. Fernandez will also be required to register as a sex offender following his term of incarceration. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Alamogordo Resident Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Robin Lee Lovelace, 56, of Alamogordo, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges. Under the terms of the plea agreement, Lovelace will be sentenced to 12 years in federal prison followed by a term of supervised release to be determined by the court.
Lovelace was one of 34 individuals charged with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Lovelace was arrested on Nov. 20, 2015, on an indictment charging her and seven other non-Natives with methamphetamine trafficking and money laundering offenses. The indictment charged Lovelace with participation in a methamphetamine trafficking conspiracy, distribution of methamphetamine, possession of methamphetamine with intent to distribute, and use of a communication device to facilitate a drug trafficking crime.
During today’s proceedings, Lovelace pled guilty to the methamphetamine trafficking conspiracy, distribution of methamphetamine and possession of methamphetamine with intent to distribute and admitted that between April 9, 2015 and Oct. 16, 2015, she and a co-defendant conspired to sell methamphetamine to another individual who unbeknownst to them was an undercover law enforcement agent. During that same time period, she also sold methamphetamine to other individuals who then distributed methamphetamine to their customers.
Lovelace also admitted selling the following quantities of methamphetamine to an undercover agent as follows:
-
27.4 grams on April 9, 2015, in Bent, N.M.
-
56 grams on April 17, 2015, in Mescalero
-
84 grams on May 8, 2015, in Mescalero
-
112 grams on May 15, 2015, in Mescalero
-
112 grams on June 8, 2015, in Mescalero
-
140 grams on July 1, 2015, in Mescalero
-
580 grams on July 24, 2015, in Socorro,
-
140 grams on Aug. 6, 2015, in Mescalero,
-
140 grams on Sept. 3, 2015, in Tularosa, N.M.
-
212 grams on Oct. 9, 2015, in Alamogordo, N.M.
Lovelace also admitted that on Oct. 15, 2015, she facilitated the sale of 364.2 grams of methamphetamine to an undercover law enforcement agent.
Lovelace remains in custody pending a sentencing hearing which has yet to be scheduled
Lovelace is the fourth of the 18 federal defendants to enter a guilty plea. On March 3, 2016, Tandee Sheree Bettag, 38, of Alamogordo, pled guilty and admitted that from Aug. 2015 through Sept. 2015, a codefendant provided her with methamphetamine which she distributed; she repaid her supplier with proceeds she obtained from selling the drugs. Bettag further admitted that on Aug. 15, 2015, she used text messaging to arrange the delivery of money to a codefendant to cover a drug debt and pick up additional methamphetamine, and on Aug. 17, 2015, she used text messaging to discuss, money for a drug transaction. At sentencing, Bettag faces a maximum of 20 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
On Feb. 17, 2016, Jerilyn Lee Munoz, 27, of Artesia, N.M., pled guilty to a money laundering conspiracy charge. In entering the guilty plea, Munoz admitted that between April 2015 and Oct. 2015, she maintained a bank account that was used by another person to deposit the proceeds of drug trafficking crimes in order to conceal the proceeds. Munoz admitted that the other person deposited approximately $25,000.00 into her bank account during that period. At sentencing, Munoz faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release. Her sentencing hearing has yet to be scheduled.
Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty to a methamphetamine distribution charge on Feb. 5, 2016. At sentencing, Rice faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.
The remaining 14 federal defendants have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
-
Rio Arriba County Man Sentenced to 71 Months for Federal Conspiracy and Mail Fraud ConvictionRead the Press Release
ALBUQUERQUE – Gerald Archuleta, 45, of Ojo Caliente, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 71 months in prison followed by three years of supervised release for his conviction on conspiracy and mail fraud charges arising out of a scheme to defraud the federal and state unemployment insurance system. Archuleta also was ordered, jointly with his co-defendant, to pay $719,858.73 in restitution.
Archuleta’s co-defendant, Jasonn Gonzales, 43, an accountant from Velarde, N.M., previously was sentenced to 111 months for a conviction arising out of the same scheme in Dec. 2014.
Archuleta and Gonzales were charged in a six-count indictment filed in March 2014. Count 1 charged the two men with conspiracy to commit mail fraud in furtherance of a scheme to defraud the federal and state Unemployment Insurance System in New Mexico, Texas and Colorado of money by false and fraudulent pretenses. Counts 2 through 5 of the indictment charged the men with mail fraud, and Count 6 charges Gonzales alone with aggravated identity theft.
According to court filings, the federal and state Unemployment Insurance System seeks to lessen the effects of unemployment through payments made to claimants (laid-off workers) on a weekly basis while the claimants seek employment. The unemployment insurance program is administered on behalf of the federal government by state workforce agencies in each state. In entering their guilty pleas, Gonzales and Archuleta admitted that between 2009 and 2012, they schemed to defraud the New Mexico Department of Workforce Solutions, the Texas Workforce Commission and the Colorado Department of Labor and Employment of more than $1,356,000 by making false and fraudulent claims for unemployment benefits in the names of real people.
Gonzales and Archuleta perpetuated their unlawful scheme by fraudulently registering numerous non-existent companies with the three state workforce agencies and filing false quarterly reports for the fictitious companies which identified claimed employees. The two men provided the names, dates of birth and social security numbers of the claimed employees to the state agencies without the knowledge or authorization of the claimed employees, who were real people. Gonzales and Archuleta then made false and fraudulent claims for unemployment benefit claims on behalf of the claimed employees of the fictitious companies. The two men opened post office boxes in New Mexico, Texas and Colorado, which they provided to the three state workforce agencies as mailing addresses for the claimed employees. The state agencies mailed debit cards to the claimed employees at the post office boxes and the defendants used the debit cards to withdraw the fraudulently obtained benefits. During the life of the conspiracy, Gonzales and Archuleta submitted fraudulent claims for unemployment benefits in the aggregate amount of $1,356,461, and defrauded the three state workforce agencies of approximately $801,848, in total.
On Oct. 24, 2014, Archuleta entered a guilty plea to Counts 1 through 5 of the indictment; his guilty plea was amended on Feb. 26, 2016. Gonzales entered a guilty plea on Aug. 18, 2014, to all six counts of the indictment without the benefit of a plea agreement. In entering his guilty plea, Gonzales also admitted to the forfeiture provisions of the indictment and to the entry of an $801,848.00 money judgment against him.
This case was investigated by the Department of Labor Office of Inspector General, Office of Labor Racketeering and Frauds Investigations, and the U.S. Postal Inspection Service, and was prosecuted by Assistant U.S. Attorney Tara C. Neda.
Deming Resident Sentenced to Ten Years in Federal Prison for Kidnapping and Firearms ConvictionRead the Press Release
ALBUQUERQUE – This morning a U.S. District Court Judge sitting in Las Cruces, N.M., sentenced Jessie Hopper, Jr., 31, of Deming, N.M., to120 months in prison for his conviction on conspiracy, kidnapping and firearms charges. He will be on supervised release for three years after completing his prison sentence.
His co-defendants Jessie Hopper, Sr., 55, and Polly Hopper, 62, of Deming, N.M., previously were sentenced in Oct. 2015, to lengthy prison terms for their convictions on conspiracy, kidnapping and firearms charges. Hopper, Sr. was sentenced to 366 months (30.5 years) in prison followed by five years of supervised release, while Polly Hopper, was sentenced to 292 months (24.3 years) in prison followed by five years of supervised release.
The sentences imposed on the Hoppers were announced by U.S. Attorney Damon P. Martinez, 6th Judicial District Attorney Francesca Martinez-Estevez, Special Agent Terry Wade of the Albuquerque Division of the FBI, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New Mexico State Police Chief Pete Kassetas and Luna County Sheriff Jonathon Mooradian.
The three Hoppers were arrested in June 2014, on a federal criminal complaint charging them with kidnapping and firearms charges. They subsequently were charged with conspiracy and kidnapping in a six-count indictment filed in May. 2014. The indictment also charged Hopper, Sr., and Hopper Jr., with brandishing a firearm in relation to a crime of violence, being felons in possession of firearms, and unlawfully possessing a sawed-off shotgun. Hopper, Jr., entered a guilty plea to the five charges against him on Nov. 21, 2014.
Hopper, Sr., and Polly Hopper elected to go to trial, and on Feb. 27, 2015, a federal jury returned a verdict finding the two guilty on all charges against them after a five-day trial. The evidence at trial established that Hopper, Jr., and Hopper, Sr., kidnapped the victim in Hot Springs, Ark., on May 8, 2014, with the assistance of Polly Hopper. Hopper, Jr., handcuffed the victim and a firearm was brandished at the victim to force her to comply with Hopper, Jr.’s demands, including a demand that she telephone family members to assure them that she was voluntarily leaving Arkansas with Hopper, Jr. On May 8 and 9, 2014, the defendants drove the victim from Arkansas to the defendants’ residence in Deming, where Hopper, Jr., and Hopper Sr., sexually assaulted the victim several times.
The three defendants initially were arrested by the New Mexico State Police on state charges on May 10, 2014. They remained in state custody until they were transferred to federal custody on May 16, 2014, to face the charges in this federal case. The state charges, which were filed by the 6th Judicial District Attorney’s Office for the State of New Mexico, were dismissed in favor of federal prosecution.
This case was investigated by the Las Cruces office of the FBI, the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the Luna County Sheriff’s Office, with assistance from the 6th Judicial District Attorney’s Office for the State of New Mexico. The FBI in Little Rock, Ark., the Garland County (Arkansas) Sheriff’s Office, and the U.S. Attorney’s Office for the Western District of Arkansas also assisted in the investigation. The case was prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The Hoppers were prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders based primarily on their criminal histories 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 Luna County under this initiative.
Career Offender from Las Cruces Sentenced to Almost Eleven Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jennifer Sanders, 43, of Las Cruces, N.M, was sentenced today in federal court in Las Cruces, N.M., to 130 months in prison followed by five years of supervised release for her conviction on methamphetamine trafficking charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Lt. Bobby Holden, Commander of the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force.
In announcing the sentence, U.S. Attorney Damon P. Martinez said that Sanders, a career offender whose criminal history includes three prior drug trafficking convictions, was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders 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 Doña Ana County, N.M., under this initiative.
Sanders and her co-defendants, Jose Luis Niño, 41, and Aubrey Savage, 36, of Las Cruces, and Matthew Maley, 48, and Candice Marie Carpenter, 36, of Tucson, Ariz., were charged in a 14-count superseding indictment filed in March 2014. The superseding indictment charged Maley, Sanders and Savage with participating in a conspiracy to distribute methamphetamine in Doña Ana County from June 2013 through Aug. 2013, and Maley, Niño and Carpenter with conspiracy to distribute methamphetamine in Doña Ana County in Dec. 2013. The superseding indictment also charged the defendants with various substantive methamphetamine trafficking offenses, and Maley and Niño were charged with being felons in possession of firearms and ammunition.
Four of the defendants, including Sanders, entered guilty pleas to various counts of the superseding indictment while Maley elected to exercise his right to a jury trial. On Sept. 25, 2014, a jury returned a verdict of guilty against Maley on four methamphetamine trafficking charges and a firearms charge.
The prosecution of the case revealed that Maley was the head of a drug trafficking organization that distributed significant quantities of methamphetamine in New Mexico and Arizona. During July and Aug. 2013, undercover officers made several controlled purchases of methamphetamine from Maley, Sanders and Savage, including the purchase of a pound of methamphetamine on Aug. 21, 2013. From Oct. through Dec. 2013, an informant purchased methamphetamine from Niño, who obtained the methamphetamine from Maley, and on Dec. 4, 2013, officers seized approximately 274 grams of methamphetamine when they executed a search warrant at Niño’s residence in Las Cruces.
On July 18, 2014, Sanders pled guilty to conspiracy and seven counts of distribution of methamphetamine.
Maley was sentenced on Jan. 20, 2016, and was sentenced to 262 months (almost 22 years) in prison followed by ten years of supervised release for his conviction on methamphetamine trafficking and firearms charges.
On June 11, 2014, Savage pled guilty to a conspiracy count, and was sentenced on Feb. 25, 2015, to 60 months in federal prison followed by four years of supervised release.
On July 16, 2014, Niño pled guilty to conspiracy, possession of methamphetamine with intent to distribute, and felon in possession of ammunition. At sentencing, Niño faces a mandatory minimum of ten years in prison and a maximum of life in prison. His sentencing hearing has not yet been scheduled.
On Sept. 18, 2014, Carpenter pled guilty to conspiracy to distribute methamphetamine and distribution of methamphetamine.
This case was investigated by the Las Cruces office of the FBI and HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, and is being 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.
Albuquerque Man Sentenced to Federal Prison for Serving as “Lookout” During Armed Robbery of Albuquerque Walmart StoreRead the Press Release
ALBUQUERQUE – Reyes Lujan, 27, of Albuquerque, N.M., was sentenced today in federal court to 71 months in prison for violating the Hobbs Act, by participating in the armed robbery of a Walmart Store in Albuquerque on Oct. 29, 2014. Reyes Lujan will be on supervised release for three years following his incarceration.
Reyes Lujan was arrested on Feb. 9, 2015, on an indictment charging him and five co-defendants with Hobbs Act and firearms charges. Count 1 of the indictment charged Reyes Lujan and five other Albuquerque residents, Raymond Castillo, 26, Daniel Maestas, 35, Johnny Ramirez, 30, Frank Gallegos, 30, and Henry Lujan, 22, with conspiracy to violate the Hobbs Act. Count 2 charged the six men with violating the Hobbs Act by robbing a Wal-Mart Store in Bernalillo County, N.M., that was engaged in interstate commerce on Oct. 29, 2014. Count 3 charged Castillo with brandishing a firearm during the robbery of the Wal-Mart store, and Count 4 charges Maestas with using and carrying a firearm during the robbery. Count 5 charged Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.
The indictment was superseded in May 2015, by adding a new defendant, Reynaldo Marquez, 25, of Albuquerque, and two new counts. The new Count 6 charged Castillo and Marquez with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County on Dec. 7, 2014. The new Count 7 charged Marquez with discharging a firearm during that robbery.
On Oct. 19, 2015, Reyes Lujan entered a guilty plea to Count 2 of the superseding indictment charging a violation of the Hobbs Act. According to the plea agreement, Reyes Lujan and his co-defendants jointly planned the Oct. 29, 2014, robbery of the Walmart Store located at 400 Eubank NE in Albuquerque. Reyes Lujan, who was not armed, was dropped off outside of the store to act as a “lookout” while two of his co-defendants went inside the Walmart Store and stole a rolling safe.
Reyes Lujan’s six co-defendants have entered pleas of not guilty to the superseding indictment. Charges in indictments are merely accusations, and all criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The United States has agreed to separate trials for Counts 1 through 5 of the superseding indictment, which arise out of the alleged robbery of the Walmart Store, and Counts 6 and 7, which arise out of the alleged robbery of the 7-11 convenience store.
If convicted on Counts 1 and 2, the conspiracy charge and the first Hobbs Act charge, the defendants each face a statutory maximum penalty of 20 years in prison. On conviction, Counts 4 and 5, using and carrying a firearm during a crime of violence or aiding and abetting the use of a firearm, each carries a mandatory five-year prison sentence which must be served consecutive to any sentence imposed on the conspiracy and Hobbs Act charges. If Castillo is found to be a career offender and is convicted after trial on Count 3 of the superseding indictment, he faces an enhanced sentence of prison term of 360 months to life imprisonment.
Castillo and Marquez each face a statutory maximum penalty of 20 years if convicted on Count 6 of the superseding indictment. If convicted of discharging a firearm as charged in Count 7, Marquez faces a mandatory minimum of ten years in prison which must be served consecutive to any sentence imposed on him for a conviction on Count 6.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average.
Santa Fe Man Pleads Guilty to Armed Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Jacob P. Wheeler, 25, of Santa Fe, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an armed bank robbery charge under a plea agreement with the U.S. Attorney’s Office.
Wheeler was arrested on May 26, 2015, on a criminal complaint charging him with robbing the Century Bank located at 498 N. Guadalupe St. in Santa Fe, on May 15, 2015. The complaint alleged that Wheeler robbed the bank by pointing a gun at the bank teller, demanding money, and climbing up onto the teller’s counter to grab money from a cash drawer.
Wheeler became the target of investigation later that day after the FBI received a tip identifying Wheeler as the bank robber.Wheeler was subsequently indicted on June 24, 2015, and charged with armed bank robbery of the Century Bank located at 498 N. Guadalupe St. in Santa Fe County, N.M., on May 15, 2015.
During today’s plea hearing, Wheeler pled guilty to the indictment and admitted that on May 15, 2015, he robbed the Century Bank in Santa Fe through force, violence and intimidation. At sentencing, Wheeler faces a maximum penalty of 25 years in federal prison followed by up to five years of supervised release. Wheeler remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Santa Fe Police Department and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Two Mexican Nationals Ordered Detained Pending Trial on Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Francisco Rodriguez-Moreno, 26, and Octavio Lopez-Ramirez, 31, both Mexican nationals, with heroin trafficking offenses. Both men, who are illegally in the United States and residing in Albuquerque, were ordered detained pending trial.
Rodriguez-Moreno and Lopez-Ramirez were arrested on March 2, 2016, by the DEA and the HIDTA Region III Narcotics Task Force after they executed searches on Rodriguez-Moreno’s vehicle and the residence in which both men reside. The agents allegedly seized 425 gross grams of heroin from Rodriguez-Moreno’s vehicle and 1070.6 gross grams of heroin from the residence. The agents also allegedly seized more than $8000 and drug paraphernalia from the residence and more than $7000 from Rodriguez-Moreno.
If convicted of the crimes charged in the criminal complaint, Rodriguez-Moreno and Lopez-Ramirez face a statutory minimum of ten years and 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.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Narcotics Task Force.
Assistant U.S. Attorney Presiliano Torrez is prosecuting the case as part of 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.
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.
Shiprock Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Matthew Yazzie, 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assault charges.
Yazzie was arrested on Sept. 21, 2015, on a federal indictment charging him with assaulting two women and a man on June 13, 2015, in Indian Country in San Juan County, N.M. According to the indictment, the victims suffered serious bodily injuries as a result of the assaults.
During today’s hearing, Yazzie pled guilty to the indictment without the benefit of a plea agreement. In its proffer of evidence, the United States indicated that Yazzie assaulted the victims by crashing the vehicle he was driving while under the influence of alcohol.
At sentencing, Yazzie 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 Farmington office of the FBI, the New Mexico State Police and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
California Man Pleads Guilty to Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Raul Fernandez, Jr., 29, of Simi Valley, Calif., pleaded guilty today to a heroin trafficking charge in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.
Fernandez was arrested on a criminal complaint charging him with possession of heroin with intent to distribute after the DEA seized approximately two kilograms (4.4 pounds) of heroin from him during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 19, 2015. The heroin was concealed in a false compartment in Fernandez’s luggage. Fernandez was indicted on the same charge on Nov. 17, 2015.
During today’s proceedings, Fernandez pled guilty to a felony information charging him with possession of heroin with intent to distribute and admitted that on Oct. 19, 2015, in Bernalillo County, N.M., he was in possession of two kilograms of heroin, which was concealed in a false compartment in his luggage, while traveling through Albuquerque on the Amtrak train. Fernandez further admitted that he was to be paid $5,000 for transporting the heroin from Simi Valley to Cincinnati, Ohio.
At sentencing, Fernandez faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Paul H. Spiers 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.
U.S. Attorney's Office Launches Social MediaRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that the U.S. Attorney’s Office for the District of New Mexico is using Twitter and Facebook to more effectively communicate with the public, the media, and its law enforcement and community partners.
“We are using social media to communicate with as many New Mexicans as possible. The Office’s Twitter and Facebook accounts will help inform the public about the work we are doing on behalf of the community, both in and out of the courtroom,” said U.S. Attorney Martinez.
The U.S. Attorney’s Office is using social media to provide information about the case work being handled by the Office and to send press releases, links to photos and media advisories. It also is using social media to promote the prevention and outreach work being done by the Office and by its law enforcement and community partners. The U.S. Attorney’s Office also maintains a website which remains the primary source of information for the Office.
Twitter: https://twitter.com/USAO_NM
Facebook: https://www.facebook.com/usaonm/
Website: https://www.justice.gov/usao-nm
Isleta Pueblo Man Sentenced to Prison for Domestic Assault by a Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Warren Chewiwi, 42, a member of Isleta Pueblo who resides in Bosque Farms, N.M., was sentenced today in federal court in Albuquerque, N.M., to 23 months in prison for his domestic assault by a habitual offender conviction. He will be on supervised release for three years after completing his prison sentence.
Chewiwi was arrested on Aug. 12, 2015, on an indictment charging him with domestic assault of an intimate partner by a habitual offender on Sept. 8, 2013, in Isleta Pueblo in Valencia County, N.M. According to the indictment, Chewiwi was charged as a habitual offender based on his two prior domestic violence convictions in Isleta Pueblo Tribal Court. Isleta Tribal Pueblo Court records reflect that Chewiwi’s prior convictions occurred in 2010 and 2013.
On Dec. 1, 2015, Chewiwi pled guilty to the indictment and admitted that on Sept. 8, 2013, he assaulted the victim, his intimate partner, by grabbing her by the hair, jerking her around the room and hitting her with an open hand while he was under the influence of alcohol. He also acknowledged his two prior tribal court convictions.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Pueblo of Isleta Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney David Adams 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.
Alamogordo Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Tandee Sheree Bettag, 38, of Alamogordo, 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.
Bettag was one of 34 individuals charged with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Bettag was arrested on Dec. 8, 2015, on an indictment charging her and seven other non-Natives with methamphetamine trafficking and money laundering offenses. The indictment charged Bettag with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and use of a communication device to facilitate a drug trafficking crime.
During today’s proceedings, Bettag pled guilty to the charges against her in the indictment, and admitted that from Aug. 2015 through Sept. 2015, a codefendant provided her with methamphetamine which she distributed; she repaid her supplier with proceeds she obtained from selling the drugs. Bettag further admitted that on Aug. 15, 2015, she used text messaging to arrange the delivery of money to a codefendant to cover a drug debt and pick up additional methamphetamine, and on Aug. 17, 2015, she used text messaging to discuss, money for a drug transaction.
At sentencing, Bettag faces a maximum of 20 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
Bettag is the third of the 18 federal defendants to enter a guilty plea. On Feb. 17, 2016, Jerilyn Lee Munoz, 27, of Artesia, N.M., pled guilty to a money laundering conspiracy charge. In entering the guilty plea, Munoz admitted that between April 2015 and Oct. 2015, she maintained a bank account that was used by another person to deposit the proceeds of drug trafficking crimes in order to conceal the proceeds. Munoz admitted that the other person deposited approximately $25,000.00 into her bank account during that period. At sentencing, Munoz faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release. Her sentencing hearing has yet to be scheduled.
Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty to a methamphetamine distribution charge on Feb. 5, 2016. At sentencing, Rice faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.
The remaining 15 federal defendants have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
Former Corrections Officer Sentenced for Unlawfully Trafficking “Suboxone”Read the Press Release
ALBUQUERQUE – Edward Owens, 21, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to three years of probation for participating in a conspiracy to distribute Buprenorphine, more commonly known as “Suboxone,” in violation of the federal narcotics laws. At the time he committed the crime, Owens was employed as a corrections officer at the Santa Fe County Adult Correctional Facility.
Owens was arrested on Feb. 12, 2015, on an indictment charging him and codefendant James Barela, 41, of Santa Fe, with conspiracy and possession of Suboxone with intent to distribute. According to the indictment, Owens and Barela committed these crimes between Aug. 6, 2014 and Aug. 12, 2014, in Santa Fe County, N.M.
On Dec. 3, 2015, Owens pled guilty to the indictment and admitted that from Aug. 4, 2014 through Aug. 12, 2014, while he was employed as a corrections officer at the Santa Fe County Adult Correctional Facility, he agreed to bring contraband into the jail for Barela who was an inmate at the facility. Owens admitted that he agreed to smuggle 47 sublingual Suboxone strips into the jail in exchange for payment from Barela, but was apprehended while attempting to do so.
Barela pled guilty to participating in the Suboxone trafficking conspiracy on June 10, 2015, and admitted that from Aug. 4, 2014 through Aug. 12, 2014, while he was incarcerated he conspired with Owens to distribute Suboxone to inmates in the correctional facility. Barela was sentenced on Oct. 8, 2015, to 12 months and one day in federal prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of the FBI, the Santa Fe County Sheriff’s Office, and the Santa Fe Corrections Department with assistance from the First Judicial District Attorney’s Office.
Assistant U.S. Attorney Shaheen P. Torgoley 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.
Columbus Man Pleads Guilty to Producing Child Pornography Involving Three Young ChildrenRead the Press Release
ALBUQUERQUE – Samuel Elliott, 32, of Columbus, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to producing child pornography involving three young children and possessing child pornography. Elliott entered his guilty plea under a plea agreement that permits him to appeal from a court order denying his motion to suppress evidence. Elliot will be permitted to withdraw his guilty plea if he prevails on his appeal.
Elliott’s guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., New Mexico State Police Chief Pete N. Kassetas and Las Cruces Police Chief Jaime Montoya.
Elliott was arrested on Nov. 21, 2014, on an eight-count indictment charging him with production and possession of child pornography. Counts 1 through 3 of the indictment alleged that between Dec. 2012 and July 2013, Elliott used three young children to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. According to the indictment, two of the children were between one and five years of age and the third child was over the age of five years. The remaining five counts alleged that Elliott possessed child pornography in July 2013. The indictment asserted that Elliott committed all eight crimes in Luna County, N.M. A superseding indictment alleging the same charges was filed in July 2015.
“By his own admission, Samuel Elliott violated three young children and produced images and videos memorializing their abuse, stripping them of their innocence and forever tarnishing their childhood,” said U.S. Attorney Damon P. Martinez. “The physical, emotional, and psychological harm children suffer from sexual abuse and sexual exploitation through molestation and the production of child pornography is well known. This case is no different. The tremendous harm these young victims have suffered at the hands of Elliott will significantly impact them for the rest of their lives. I commend Homeland Security Investigations, the New Mexico State Police and Las Cruces Police Department for devoting tremendous time and energy to an investigation that exposed this despicable behavior and holding Elliott accountable for preying on these innocent children.”
HSI Special Agent in Charge Waldemar Rodriguez said individuals who produce child pornography scar children – psychologically, physically and emotionally – for life. And child predators who trade those images, victimize children again and again. “Child exploitation is a heinous crime,” said Rodriguez. “But rest assured that HSI special agents together with our law enforcement partners stand firm in our commitment to investigate and prosecute child predators to the fullest extent of the law.”
During today’s change of plea hearing, Elliott pled guilty to all eight counts of the indictment. In his plea agreement, Elliott admitted using a video camera to record a video of himself engaging in sexually explicit conduct with a child between one and five years of age. Elliott also admitted using a video camera to produce sexually explicit visual depictions of a sleeping child between five and eleven years of age. Elliott admitted committing these two crimes between Dec. 2012 and July 2013. Elliott also admitted that on Dec. 10, 2012, he used his iPhone to produce sexually explicit depictions of a third child who was between one and five years of age.
In his plea agreement, Elliott also acknowledged that in July 2013, the New Mexico State Police executed a search warrant at his residence and seized his iPhone, two desktop computers and a hard-drive. He also acknowledged that HSI executed a search warrant on his Dropbox online storage account. Elliott acknowledged that forensic examinations recovered thousands of images of child pornography from his iPhone; 48 images of child pornography from his hard-drive, more than 900 images of child pornography from his desktop computers, and 72 videos of child pornography from his Dropbox online storage account.
Elliott has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Elliott faces a prison term of not less than 15 years and not more than 30 years on each of the three production of child pornography charges. He faces up to 20 years in prison on each of the five possession of child pornography charges. Elliott will have to serve at least five years of supervised release after completing his prison sentence. He also will be required to register as a sex offender.
In his plea agreement, Elliott agreed to pay $210,012 in restitution to each of the three victims associated with the three production of child pornography charges if they request restitution prior to sentencing. He also agreed to pay restitution of $25,000 to each victim associated with the five possession of child pornography charges who requests restitution prior to sentencing.
“This case is a great example of agencies working together to keep kids safe,” said New Mexico State Police Chief Pete Kassetas. “We will do whatever it takes to locate and apprehend child sexual predators!”
“Our computer forensics investigator spent a considerable amount of time delving into electronic files and recovering vital evidence,” said Las Cruces Police Chief Jaime Montoya. “This is a tremendous example of multiple law enforcement agencies working together to uncover evidence that helped build a strong case and ultimately led to today’s guilty plea.”
This case was investigated by the Las Cruces office of Homeland Security Investigations, the New Mexico State Police and the Las Cruces Police Department, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
The case is being prosecuted by Assistant U.S. Attorney Alexander B. Shapiro 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.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMOAG. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
California Man Sentenced to Prison for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Phillip Tracy Rodgers, Sr., 61, of Long Beach, Calif., was sentenced this morning in federal court in Las Cruces, N.M., to 33 months in prison followed by two years of supervised release for his drug trafficking conviction.
Rodgers was arrested on Sept. 4, 2014, on a criminal complaint charging him with unlawfully possessing chemicals that could be used to manufacture a controlled substance. Rodgers was arrested by U.S. Border Patrol and DEA agents at the Border Patrol Checkpoint on I-10 in Las Cruces, after agents discovered that Rodgers was concealing gasoline canisters of chemicals used in the manufacture of PCP and methamphetamine. More specifically, Rodgers possessed 42 gallons of Diethyl Ether, ten gallons of Bromobenzene and five gallons of Cyclohexanone.
Rodgers was subsequently indicted on Dec. 10, 2014, and charged with possession of diethyl ether, while knowing that the chemical would be used to manufacture PCP. On April 28, 2015, Rodgers pled guilty to the indictment and admitted that on Sept. 4, 2014, he was in possession of 13 five-gallon gasoline containers containing Diethyl Ether, Bromobenzene, and Cyclohexanone when he was stopped at the U.S. Border Patrol checkpoint on I-10 in New Mexico. Rodgers admitted that he was transporting the chemicals from San Antonio, Texas, to Los Angeles, Calif., where he expected to be paid for delivering the chemicals.
This case was investigated by the Las Cruces office of the DEA and the Las Cruces Station of the U.S. Border Patrol. Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Former Officers of New Mexico-Based Defense Contractor Plead Guilty to Criminal Charges Relating to Iraq Rebuilding EffortsRead the Press Release
ALBUQUERQUE – Two former officers of a New Mexico-based defense contracting firm pleaded guilty on Feb. 26, 2016, to criminal charges arising out of their involvement in a scheme to solicit and accept kickbacks in return for favorable treatment in awarding subcontracts relating to wartime rebuilding projects in Iraq. Neal Kasper, 66, of Montana, and his wife Tiffany White, 49, of Cibolo, Tex., entered their guilty pleas in federal court in Albuquerque, N.M. Kasper pleaded guilty to wire fraud and conspiracy to solicit and accept kickbacks charges, and White pleaded guilty to wire fraud and tax charges.
The guilty pleas were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS Criminal Investigation, and Special Agent in Charge Janice M. Flores of the Defense Criminal Investigative Service Southwest Field Office in Arlington, Tex.
Kasper and White, together with codefendant Bradley G. Christiansen, 50, of Albuquerque, N.M., all former officers of a New Mexico-based defense contractor, and four foreign nationals, were charged with conspiring to defraud the United States of more than $5 million through wire fraud in an indictment filed in Feb. 2012. The indictment also charged the seven defendants with wire fraud offenses and with offering and receiving illegal kickbacks. In addition, Kasper, White, Christiansen and Sara Christiansen were charged with money laundering offenses, and Christiansen with tax evasion offenses. The indictment was superseded in Aug. 2013, after Christiansen entered a guilty plea and the charges against his wife, Sara Christiansen, were dismissed. The charges against one of the foreign nationals were also dismissed.“While our brave men and women in uniform in the Iraq War made sacrifices for their country, Neal Kasper and Tiffany White saw it as an opportunity to enrich themselves," said U.S. Attorney Damon P. Martinez. “The defendants corrupted the process by which the United States sought to help Iraqis recover from decades of dictatorship and devastation of warfare. The defendants solicited and received bribes from foreign businessmen as the price of participation in Iraq reconstruction. Our community can take comfort in knowing that there is a dedicated team of agents, investigators and prosecutors who will strive to make sure that those responsible for this kind of corruption are prosecuted and held accountable for their actions. I thank the Pueblo of Laguna for its cooperation during the investigation of this case.”
“Many brave Americans and Iraqi citizens made incredible sacrifices in this conflict. Iraq deserves the best help America has to offer, not criminals looking to make a quick buck. These guilty pleas send a clear message that unscrupulous business people who take advantage of an ally trying to get back on its feet will face justice,” said FBI Special Agent in Charge Terry Wade. “I congratulate the FBI Special Agents and support staff, U.S. Attorney's Office, IRS Criminal Investigation, Defense Criminal Investigative Service, Defense Contract Audit Agency and Laguna Pueblo for a job well done.”
According to court filings, during the Iraqi war and continuing through 2011, the United States funded numerous construction and rebuilding projects in Iraq and Jordan, including contracts administered by the United States Air Force Center for Engineering and the Environment (AFCEE). Laguna Construction Company, Inc. (LCC), a minority disadvantaged business wholly owned by the Pueblo of Laguna, successfully bid and was awarded multiple contracts, including AFCEE contracts, for wartime reconstruction and rebuilding projects in Iraq and Jordan. From 2003 through 2009, LCC administered more than $350 million of Iraqi and Jordanian reconstruction contracts.
LCC was required to award subcontracts to foreign companies by generating requests for proposals and soliciting independent subcontract bids from qualified foreign companies. All subcontract bids were required to be independently prepared by the subcontractors without collusion from LCC, and LCC was required objectively to evaluate the bids and to award the subcontracts to the lowest qualified bidders. LCC and its personnel were prohibited from accepting anything of value, whether gifts, bribes or kickbacks, from the bidders. According to the superseding indictment, from Jan. 2004 through Feb. 2009, Kasper, Christiansen and White, who were officers and employees of LCC but not members of the Pueblo of Laguna, conspired with the four foreign nationals to defraud the United States of more than $5 million. They also conspired to launder the illegal kickbacks they received from the foreign nationals to conceal the unlawful nature of the proceeds.
Court filings reflect that AFCEE awarded two prime contracts to LCC relating to United States’ reconstruction efforts in Iraq, which required LCC to serve as a prime contractor and provide construction management services in response to task orders from AFCEE. From 2003 through 2009, LCC received and administered approximately $397 million through the two contracts which contemplated that LCC would award work to subcontractors to complete reconstruction projects. Christiansen was hired as a LCC division manager in 2002 by Kasper, who was then president of LCC, and became LCC’s operations manager and vice president of operations in 2005. In that capacity, Christiansen oversaw all LCC Iraq reconstruction projects under the supervision of Kasper, who was in charge of all of LCC’s construction operations, including those involving wartime reconstruction efforts in Iraq and Jordan.
Beginning in Dec. 2004, Kasper, Christiansen, White and others sought and obtained payments for task orders under the prime contracts under false pretenses by repeatedly certifying that all subcontracts were awarded pursuant to competitive bidding procedures when in fact they were accepting kickbacks from subcontractors in return for awarding subcontracts to them.From Dec. 2004 through Feb. 2009, Kasper, Christiansen, White and others conspired with the four foreign nationals to defraud the United States by soliciting and accepting kickbacks from the foreign nationals in return for awarding them subcontracts.Kasper and Christiansen accepted numerous kickbacks from the foreign nationals.
During his change of plea hearing on Friday, Kasper pled guilty to one count of wire fraud and one count of conspiracy to provide, solicit and accept kickbacks. In his plea agreement, Kasper admitted that from Dec. 2005 through Feb. 2009, while he was President of LCC, he conspired with others to accept improper payments from subcontractors in connection with subcontracts let by LCC. Kasper also accepting wire transfers totaling $204,356 in improper payments from subcontractors between April 2007 and Nov. 2008.
White pleaded guilty to a wire fraud charge in the superseding indictment and a felony information charging her with one count of filing a false tax return. In her plea agreement, White admitted that while she was LCC’s Compliance Manager for federal contracts, she submitted subcontract bids to Kasper and Christiansen without proper compliance review and with knowledge that the bids would be altered so that particular subcontractors would be selected. The selected subcontractors then paid kickbacks to Kasper, Christiansen and White. White’s plea agreement provides details of how the kickback scheme operated and how Kasper, Christiansen and she used illegal kickbacks to pay for improvements to their homes and for other personal purposes. White also admitted failing to declare $93,912 she received in illegal kickbacks as income when she filed her 2008 federal tax return.
At sentencing, Kasper faces a statutory maximum penalty of 20 years in prison on the wire fraud charge and five years on the kickback conspiracy charge. Under the terms of his plea agreement, Kasper is required to forfeit to the United States $431,911, which represents part of the net profit he derived from the crimes charged in the superseding indictment. Of this amount, Kasper is wholly responsible for $303,084 and jointly responsible with White for $136,827.
Under the terms of her plea agreement, White will be sentenced to not more than six months in prison followed by not more than three years of supervised release. White also will have to pay restitution in the amount of $33,997 to the IRS and will be required to forfeit jointly with Kasper $136,827 to the United States.
Christiansen pled guilty in July 2014, to conspiracy to provide, solicit and accept kickbacks and to solicitation and receipt of kickbacks and tax evasion, respectively. In his plea agreement, Christiansen admitted receiving his first kickback in Dec. 2004, through Kasper, who had received a $20,000 kickback and shared half with Christiansen. According to Christiansen, from Jan. 2005 through Feb. 2009, Kasper and he received numerous kickbacks from the foreign nationals, which they split 50/50. In addition to approximately $360,000 in monetary kickbacks, Christiansen also admitting to receiving a 2006 Porsche Cayman valued at $65,163, a Ford GT350 Shelby valued at $290,000, several watches valued at an aggregate of $103,800 as kickbacks from the foreign nationals. Christiansen also admitted that he willfully failed to declare the kickback payments and assets he received from the foreign nationals as personal income when filing his federal income tax returns in 2006, 2007 and 2008. As a result, Christiansen evaded approximately $389,413 in federal taxes.
At sentencing, Christiansen faces a maximum penalty of ten years in prison.The plea agreement also requires Christiansen to pay full restitution to the victims of his criminal conduct, including $389,413 in restitution to the IRS.The plea agreement also requires that Christiansen agree to the imposition of a money judgment against him in the amount of $1,687,310.84 and that he forfeit all assets derived from his criminal conduct, including his residence which was substantially remodeled with kickbacks from the foreign nationals.As required by Christiansen’s plea agreement, the United States filed a motion to dismiss all charges against Sara Christiansen and the charges against her have been dismissed.
The three foreign nationals who remain under indictment, Ramzi Snobar and Yacoub Snobar, citizens of Jordan, and Mustapha Ahmad, a duel citizen of Lebanon and Great Britain, have yet to be arrested and are considered fugitives. The charges in the indictment against these three defendants are merely allegations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
“The defendants have taken responsibility for defrauding the citizens of the U.S. and the people of Iraq. Their sophisticated fraud scheme diverted U.S. taxpayer funds that were meant for wartime reconstruction and rebuilding projects in Iraq,” said Ismael Nevarez Jr., Special Agent in Charge of IRS Criminal Investigation.
“The Defense Criminal Investigative Service will continue to diligently work to protect the integrity of our public contracting system by pursuing those who seek to violate the system through corruption, especially where contractors have been engaged to supply critical support for the work of stabilizing Iraq and Afghanistan,” said Special Agent in Charge Janice M. Flores of the DCIS Southwest Field Office in Arlington, Tex. “This investigation should serve as a warning for those intent on defrauding the U.S. military and the American public that DCIS, and its law enforcement partners remain vigilant and committed to bringing individuals who subvert the acquisition system to justice.”
This case is being prosecuted by Assistant U.S. Attorneys Jonathon M. Gerson and Shana B. Long, and was investigated by the Albuquerque Division of the FBI, the Albuquerque office of IRS Criminal Investigation, the Southwest Field Office of the Defense Criminal Investigative Service and the Defense Contract Audit Agency. Assistant U.S. Attorney Stephen R. Kotz is handling the related forfeiture proceedings.
Albuquerque Women Plead Guilty to Federal Mail Theft ChargesRead the Press Release
ALBUQUERQUE – Crystal Devon Romero, 33, and Michelle Josephine Candelaria, 25, both of Albuquerque, N.M., pleaded guilty yesterday in federal court to theft of mail charges.
Romero and Candelaria were arrested on Jan. 19, 2016, on a criminal complaint charging them with theft of mail and conspiracy. The complaint alleged that the two women conspired with each other to steal mail in Jan. 2015, in Bernalillo County, N.M. Romero and Candelaria allegedly pried open cluster mailboxes and stole mail from them. A search of the truck Romero and Candelaria allegedly used to carry out their mail theft scheme uncovered stolen mail, including checks that had been altered and debit/credit cards.
During yesterday’s proceedings, Romero and Candelaria pled guilty to felony informations charging them stealing mail from Jan. 12, 2016 through Jan. 15, 2016. The guilty pleas were entered without the benefit of plea agreements.
At sentencing, Romero and Candelaria each face a maximum of five years in federal prison. Their sentencing hearings have yet to be scheduled.
This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.
Indiana Man Pleads Guilty to Federal Narcotics Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Rashad Travon Woods, 28, of Indianapolis, Ind., pleaded guilty today to a methamphetamine trafficking charge in federal court in Albuquerque, N.M. Under the terms of his plea agreement, Woods will be sentenced to 132 months in federal prison followed by a term of supervised release to be determined by the court.
Woods was arrested on a criminal complaint charging him with a methamphetamine trafficking offense after the DEA seized 2.4 kilograms (5.28 pounds) of methamphetamine from him during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 30, 2015. The methamphetamine was concealed in clothes in Woods’ backpack. Woods was indicted on the same charge on Nov. 17, 2015.
During today’s proceedings, Woods pled guilty to the indictment and admitted that on Oct. 30, 2015, in Bernalillo County, N.M., he was in possession of 2.40 gross kilograms of methamphetamine while traveling through Albuquerque. Woods remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Albuquerque office of DEA and is being prosecuted by Assistant U.S. Attorney Edward Han.
Navajo Man from Littlewater Pleads Guilty to Assaulting Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Eugene Kuhn, 52, a member of the Navajo Nation who resides in Littlewater, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assaulting a federal officer with a dangerous weapon. Under the terms of his plea agreement, Kuhn will be sentenced to 18 months in federal prison followed by a term of supervised release to be determined by the court.
Kuhn was arrested on June 14, 2015, on a criminal complaint charging him with assaulting a federal officer on the Navajo Indian Reservation in San Juan County, N.M. Kuhn was arrested after attacking a tribal police officer of the Navajo Nation Division of Public Safety with a metal bar in Littlewater on June 14, 201. Kuhn attacked the officer, who is commissioned as a special federal officer by the BIA, while the officer was attempting to arrest on unrelated charges. Kuhn was subsequently indicted on July 14, 2015.
During today’s proceedings, Kuhn pled guilty to the indictment and admitted that on June 14, 2015, he assaulted a federal officer with a metal bar while the officer was performing his official duties. Kuhn 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. Assistant U.S. Attorney Kyle T. Nayback is prosecuting this case.
Farmington Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Kenneth Verzani, 63, of Farmington, N.M., pleaded guilty yesterday in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office. The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Commander Phil Goodwin of the Region II HITDA Narcotics Task Force.
Verzani was arrested in Nov. 2015, on a five-count indictment charging him with methamphetamine trafficking offenses. According to the indictment, Verzani distributed methamphetamine on five occasions between May 3, 2015 and June 10, 2015, in San Juan County, N.M. The indictment included forfeiture allegations requiring Verzani to forfeit $4,260, proceeds of the drug trafficking charged, to the United States.
During yesterday’s proceedings, Verzani pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Verzani admitted selling quantities of methamphetamine to an undercover officer on the following dates: 56 grams on May 5, 2015; 28 grams on May 28, 2015; 56 grams on June 2, 2015; and 56 grams on June 7, 2015.
In his plea agreement, Verzani admitted that the drug deals took place in his vehicle or his residence. Verzani also admitted that on June 10, 2015, officers seized 1.29 kilograms (2.8 pounds) of methamphetamine from his residence. The plea agreement states that Verzani obtained the methamphetamine from his regular source of supply with the intention of distributing the drugs to the six or seven small-time methamphetamine dealers with whom he regularly dealt.
At sentencing, Verzani faces a statutory maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the HIDTA Region II Narcotics Task Force. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
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 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.
Mescalero Apache Man Sentenced to 78 Months for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Jerrick Blake, 22, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in Las Cruces, N.M., to 78 months in federal prison followed by three years of supervised release for his voluntary manslaughter conviction.
According to court filings, Blake killed the victim on the afternoon of Nov. 3, 2014, by stabbing him in the chest with a knife. The crime occurred during an argument between Blake and the victim on the Mescalero Apache Reservation in Otero County, N.M.
On June 16, 2015, Blake pled guilty to a felony information charging him with voluntary manslaughter. In entering his guilty plea, Blake admitted killing the victim by stabbing him in the chest during a sudden quarrel.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and the Mescalero Apache Tribal Police Department. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Las Cruces Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Ramiro Saenz, 28, of Las Cruces, N.M., was sentenced yesterday in federal court to 72 months in federal prison followed by three years of supervised release for violating the federal firearms laws.
Saenz was arrested in Sept. 2014, on a criminal complaint charging him with being a felon in possession of firearms and ammunition in Doña Ana County, N.M. According to the complaint, on Aug. 21, 2014, an officer of the Las Cruces Police Department recovered 1.6 grams of methamphetamine, a handgun and multiple rounds of ammunition from Saenz during a routine traffic stop.
Saenz was subsequently indicted on the same charge on Dec. 10, 2014. The indictment indicated that Saenz was prohibited from possessing firearms or ammunition because he previously had been convicted twice of being a felon in possession of a firearm and ammunition, aggravated assault and tampering with evidence. On March 12, 2015, Saenz pled guilty to the indictment.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Las Cruces Police Department and was prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
Gallup Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Dexter Diaz, 31, of Gallup, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Diaz will be sentenced within the range of 120 to 144 months in federal prison followed by a five year term of supervised release.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, McKinley County Sheriff Ronald Silversmith, and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department.
Diaz, whose criminal history includes felony convictions for three drug trafficking crimes, is being 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 McKinley County, under this initiative.
Diaz was arrested in Sept. 2015, on an indictment charging him with distributing methamphetamine on March 26, 2015, in McKinley County, N.M. The indictment included forfeiture allegations requiring Diaz to forfeit $1,600 in drug proceeds to the United States.
During today’s proceedings, Diaz entered a guilty plea to the indictment. In entering the guilty plea, Diaz admitted that on March 26, 2015, he sold two ounces of methamphetamine to another person for $1,600.
Diaz has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA, the McKinley County Sheriff’s Office and the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorney Nicholas Jon Ganjei is prosecuting the case.
El Paso Man Sentenced to Federal Prison for Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Arturo Martinez, 23, of El Paso, Texas, was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to 54 months in prison followed by five years of supervised release for his heroin trafficking conviction. His co-defendant Bryan Marinelarena, 21, a Mexican national, was sentenced on Feb. 23, 2016 to three years in prison for his heroin conviction. Marinelarena will be deported after completing his prison sentence.
Martinez and Marinelarena were arrested on May 23, 2015, during a routine inspection at the U.S. Border Patrol checkpoint on Interstate 10 in Doña Ana County, N.M. According to the criminal complaint, agents found approximately 6.6 kilograms (14.6 pounds) of heroin concealed in the vehicle in which Martinez and Marinelarena were driving from El Paso to California.
On Aug. 4, 2015, Marinelarena and Martinez each pled guilty to a felony information charging them with participating in a heroin trafficking conspiracy. Each admitted that on May 23, 2015, Border Patrol agents at the Interstate 10 checkpoint discovered 6.6 kilograms of heroin hidden in the engine of the SUV in which they were traveling.
In entering their guilty pleas, each man also admitted that he expected to be paid for transporting the heroin from El Paso to California. Martinez anticipated a $6,000 payment while Marinelarena expected to receive a $1,000 payment.
This case was investigated by the Las Cruces Station of the U.S. Border Patrol and the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
The 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Tohatchi Man Arrested on Federal Murder ChargeRead the Press Release
ALBUQUERQUE – Dennison Hale, 42, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., made his initial appearance today in federal court in Farmington, N.M., on a criminal complaint charging him with murder. Hale remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for February 26, 2016, in federal court in Albuquerque, N.M.
Hale was arrested on Feb. 23, 2016, by the FBI on a criminal complaint alleging that he murdered a Navajo woman on the Navajo Indian Reservation in San Juan County, N.M. The criminal complaint alleges that on Feb. 20, 2016, Hale struck the victim in the head and fled from the scene, the victim’s home in Hogsback, N.M. The victim was subsequently transported by helicopter to the hospital, where she was pronounced dead.
If convicted of the crime charged in the criminal complaint, Hale faces a statutory maximum penalty of life imprisonment. 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 Farmington office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Steve Casaus Pleads Guilty to Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – Steve Casaus, 43, of Albuquerque, N.M., pleaded guilty this morning in federal court to being a felon in possession of a firearm and ammunition. The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Casaus was charged in a criminal complaint on April 25, 2014, with unlawfully possessing a firearm and ammunition on April 21, 2014, in Bernalillo County, N.M. According to the criminal complaint, Casaus was arrested after APD officers after they observed what they believed to be a drug deal, and based on an outstanding arrest warrant for failing to appear on a pending state court case. The complaint alleged that at the time of his arrest, Casaus was in possession of $20,790.00 in cash, 1.3 grams of methamphetamine, drug paraphernalia, and a firearm loaded with six rounds of ammunition.
Casaus was subsequently indicted on June 11, 2014, and charged with being a felon in possession of firearms and ammunition on April 21, 2014, in Bernalillo County. Casaus was prohibited from possessing firearms or ammunition because of his prior felony convictions of disarming a peace officer, aggravated battery on a peace officer, trafficking by possession with intent to distribute and conspiracy to commit unlawful taking of a motor vehicle.
The federal prosecution of Casaus was stayed during the pendency of unrelated state court proceedings. Casaus was arrested on the federal charge in Jan. 2016, after he was transferred into federal custody from state custody.
During today’s change of plea hearing, Casaus pled guilty to the indictment. The guilty plea was entered without the benefit of a plea agreement.
At sentencing, Casaus faces a maximum sentence of ten years in federal prison. Casaus remains detained pending his sentencing hearing, which has yet to be scheduled.
The case was investigated by the Albuquerque office of Homeland Security Investigations and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
The case is being 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.
Eddy County Man Sentenced to Five Years in Prison for Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Ernesto Flores, 44, of Hagerman, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his methamphetamine trafficking conviction. He will be on supervised release for four years after completing his prison sentence.
Flores was arrested on March 12, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute. According to the criminal complaint, on Feb. 4, 2015, officers from the Pecos Valley Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eddy County Sheriff’s Office executed a search warrant on Flores’ residence in Hagerman. From a storage room on Flores’ property, the officers seized approximately 296.52 grams of methamphetamine. They also seized an AK-47, two handguns, a stolen handgun, $4,900 in cash and drug paraphernalia during the search.
On June 10, 2015, Flores pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Flores admitted possessing the 296.52 grams of methamphetamine found in his storage room on Feb. 4, 2015. He also admitted that he had been selling methamphetamine.
This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eddy County Sheriff’s Office. It was prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The 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.