District of New Mexico

ALBUQUERQUE – A Colorado man was sentenced in federal court in Albuquerque, N.M., yesterday to six years in prison followed by ten years of supervised release for his sex trafficking conviction.  The sentence was announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).

David Justin Lynch, 39, of Colorado Springs, Colo., was charged by criminal complaint on March 24, 2011, with coercing a woman to travel in interstate commerce to engage in prostitution.  Thereafter, on July 27, 2011, an indictment was filed charging Lynch with coercing the victim to travel in interstate commerce for prostitution and traveling in interstate commerce for the purpose of promoting prostitution.  The criminal complaint and indictment remained under seal until Oct. 2014, while state prosecutors proceeded with the prosecution of related-state charges against Lynch.  On April 7, 2015, Lynch was arrested on the federal charges after he was transferred from state custody to federal custody.

According to court documents, the FBI and APD initiated a federal human trafficking investigation into Lynch on March 22, 2011, the day after Lynch was arrested by APD on state charges.  The investigation revealed that between Dec. 2010 and March 2011, Lynch coerced the victim to travel to Colorado, Idaho, Kansas, Missouri and New Mexico for the purpose of engaging in prostitution.  Lynch and the victim remained in each location for a week or two, staying in different hotels, where the victim performed sexual acts with customers who responded to advertisements placed by Lynch on a website commonly used to post ads for prostitution. 

Court documents reflect that initially, the victim was required to pay 50% of her earnings to Lynch but beginning in Jan. 2011, Lynch took all of the victim’s earnings, giving her only enough money to pay for the hotel room, food and basic necessities.  Also in Jan. 2011, Lynch verbally threatened the victim, who felt that she could not stop working as a prostitute for Lynch.  In Feb. 2011, Lynch allegedly held a knife to the victim’s throat and threatened her because she was not making enough money and “wasn’t nice enough” to the customers.

Lynch and the victim were arrested by APD on March 21, 2011, after APD responded to an ad placed by Lynch on a website commonly used to post ads for prostitution.  After her arrest, the victim told officers that she wanted to leave Lynch and stop working as a prostitute but was afraid that Lynch would “track her down and kill her” if she left.  The victim said she felt coerced to engage in prostitution for Lynch because of his threats against her and his control of her earnings.

On April 9, 2015, Lynch entered guilty pleas to both counts of the indictment charging him with coercing a woman to travel in interstate commerce for prostitution, and traveling in interstate commerce for the purpose of promoting prostitution.  In his plea agreement, Lynch admitted that from Nov. 1, 2011 through March 21, 2011, he coerced the victim to travel in interstate commerce from Colorado to New Mexico and other places to engage in prostitution.  Lynch also acknowledged that he traveled in interstate commerce to promote and facilitate prostitution.

This case was investigated by the Albuquerque office of the FBI and APD, with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Norman Cairns.

ALBUQUERQUE – David Savoy Thomas, 56, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to nine years in federal prison for violating the Hobbs Act by robbing and attempting to rob commercial businesses involved in interstate commerce.  Thomas will be on supervised release for three years following his term of incarceration.

Thomas was charged with four counts of violating the Hobbs Act by robbing and attempting to rob commercial businesses located in Bernalillo County, N.M., that were involved in interstate commerce, and one count of brandishing a firearm during and in relation to a crime of violence in a five-count indictment filed on Dec. 4, 2013.  Thomas was arrested on Dec. 30, 2013, after he was transferred from state custody to federal custody to face the charges in the federal indictment. 

Thomas proceeded to trial on March 30, 2015, which concluded on April 2, 2015, when the jury returned a verdict of guilty on the four Hobbs Act charges but was unable to reach a unanimous verdict on the firearms charge.  The evidence at trial established that Thomas robbed one business in May 2010 and three businesses in 2013. 

During the trial, APD officers testified that they responded to the scene of each of the four incidents and processed all available evidence, including fingerprints and surveillance videotape.  After the fourth incident in Oct. 2013, an APD officer learned that a fingerprint expert had identified Thomas’s fingerprints on the glass door of the restaurant that was robbed in May 2010, and started an investigation into Thomas.  After obtaining a photograph of Thomas and determining that Thomas matched the description of the man who robbed two Albuquerque businesses, the APD officer included Thomas’s photograph in a photo array of six men.  The clerks from the two stores positively identified Thomas as the man who attempted to rob the Family Dollar on Aug. 16, 2013 and the Check and Go on Oct. 19, 2013. 

This case was investigated by the Albuquerque office of the FBI and APD with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Norman Cairns and Kimberly A. Brawley prosecuted the case.

This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders 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.

ALBUQUERQUE – Dannelly Labogin, 68, of Amarillo, Texas, pleaded guilty today in federal court in Las Cruces, N.M., to defrauding the Social Security Administration (SSA) of Social Security Child’s Insurance Benefits.  Under the terms of his plea agreement, Labogin will be required to pay $82,483.00 in restitution to the SSA.

Labogin was charged in a two-count indictment on Sept.22, 2015.  Count 1 of the indictment alleged that between June 2007 and Nov. 2013, Labogin executed a scheme to defraud the SSA by continuing to receive benefits on his daughter’s behalf even though the child had been adopted by others and was no longer in his care.  As a result of this scheme, Labogin fraudulently received an aggregate of $82,483.00.  Counts 2 through 36 of the indictment alleged that Labogin knowingly stole and embezzled an aggregate of $26,633.00 in Social Security Child’s Insurance Benefit payments from the SSA between Oct. 1, 2010 and Dec. 3, 2013.  Labogin was arrested in Amarillo on Dec. 4, 2015, and was transferred to the District of New Mexico on Jan. 5, 2016, to face the charges against him. 

During today’s plea hearing, Labogin pled guilty to Count 1 of the indictment.  In entering the guilty plea, Labogin admitted that from June 2007 through Nov. 2013, he received Child’s Insurance Benefits from the SSA on behalf of his biological daughter even though he did not have custody of his biological daughter at the time he applied for and received the benefits.

At sentencing, Labogin faces a statutory maximum penalty of five years in prison.  The sentencing hearing has yet to be scheduled. 

This case was investigated by the SSA, Office of the Inspector General, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – An inmate formerly housed at the Otero County Prison Facility (OCPF) in Chaparral, N.M., was sentenced today in federal court in Las Cruces, N.M., for his participation in a conspiracy to smuggle methamphetamine and heroin into the OCPF.  Gary Borja, 28, of Albuquerque, N.M., was sentenced to 151 months in federal prison followed by three years of supervised release.

Borja was one of six individuals charged in April 2014, in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the OCPF.  The other defendants charged with participating in the conspiracy were Luis Delgadillo, 39, of El Paso, Texas, who was a corrections officer at OCPF during the conspiracy, Ana Lopez, 26, of Albuquerque, N.M., Nancy Salas, 37, of Alamogordo, N.M., and Armando Lopez, 29, of Anthony, Texas and Eric Lovato, 32, of Alamogordo, who were both inmates at the OCPF.  All six defendants subsequently were indicted on Aug. 20, 2014, and charged with conspiracy to distribute methamphetamine and heroin from Dec. 2013 through April 26, 2014, in Otero County, N.M.

The FBI initiated an investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF.  The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy who smuggled narcotics into the OCPF between Jan. 2014 and April 2014. 

Borja pled guilty to the indictment on Nov. 12, 2014, and admitted to conspiring with his co-defendants to smuggle drugs into the OCPF, more specifically, Borja admitted recruiting Delgadillo to help smuggle the drugs into the jail.  In Dec. 2013, Delgadillo smuggled one ounce of methamphetamine into the jail; on Feb. 5, 2014 and March 14, 2014, Delgadillo smuggled one ounce of heroin into the jail; and on April 26, 2014, a co-conspirator of Borja’s met with Delgadillo and gave him 25 grams of methamphetamine, 11 grams of heroin and ten Suboxone pills to smuggle into the jail.

The five co-defendants have entered guilty pleas to the indictment.  On Jan. 12, 2016, Delgadillo was sentenced to 40 months in prison followed by three years of supervised release.  On June 24, 2015, Ana Lopez was sentenced to 30 months in federal prison followed by two years of supervised release.  On Feb. 18, 2016, Armando Lopez was sentenced to 84 months in prison followed by three years of supervised release and Lovato was sentenced to 70 months in prison followed by three years of supervised release.  Salas has yet to be sentenced.

This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, announced today that two former residents of Las Vegas, N.M., who recently relocated to Kingman, Ariz., have been indicted on drug trafficking and money laundering charges.

Ray L. Smith, 50, and Tamara Phillips, 47, are charged in a four-count indictment filed in the U.S. District Court for the District of New Mexico on Feb. 9, 2016.  The couple was arrested in Kingman on Feb. 18, 2016, and made their initial appearances in federal court in Flagstaff, Ariz., on Feb. 19, 2016.  During the judicial proceedings in Arizona, the court ordered the U.S. Marshals Service to transfer Smith and Phillips to New Mexico to face the charges against them.  Smith and Phillips remain in federal custody pending detention hearings that will be scheduled after they return to New Mexico.

The indictment charges Smith and Phillips with participating in a conspiracy to distribute synthetic cannabinoids, more commonly known as “spice,” maintaining premises for the purpose of distributing spice, and participating in a conspiracy to launder drug proceeds.  The indictment alleges that between Feb. 2010 and Feb. 2016, Smith and Phillips participated in a conspiracy to distribute spice from three businesses in New Mexico and Arizona that are owned by Smith and jointly managed by Smith and Phillips

According to the indictment, Smith and Phillips used the three businesses, “Smokin Body Jewelry” stores located in Las Vegas, Raton and Kingman, to sell spice.  The indictment alleges that employees at the three stores sold spice to customers while acting at the direction of Smith and Phillips.  The indictment includes information about two alleged drug transactions that occurred on Sept. 29, 2015:  the first involved the sale of $1,687.46 of spice by an employee at the Raton store, and the second involved the sale of $1,556.91 of spice by an employee at the Las Vegas store.

The indictment includes forfeiture allegations which seek to forfeit property and other assets that constitute the proceeds of the drug trafficking offenses charged in the indictment or were used to facilitate those crimes including eight parcels of real property located in New Mexico and Arizona, funds in 18 bank accounts, a safety deposit box, and three vehicles.

The indictment is the result of a year-long investigation led by the DEA’s offices in Albuquerque, N.M., and Flagstaff, Lake Havasu and Yuma, Ariz., with assistance from the Raton Police Department and the Mohave Area General Narcotics Enforcement Team.  During the course of the investigation, approximately one pound of spice was allegedly purchased from businesses operated by Smith and Phillips and approximately 22 kilograms (48 pounds) of spice was seized from a storage facility allegedly rented by Smith and Phillips. 

During law enforcement operations executed on Feb. 18, 2016, law enforcement agents and officers seized 18 bank accounts, a safety deposit box and the eight parcels of real property identified in the indictment.  They also executed six search warrants, including search warrants for each of the three stores, a second commercial property in Kingman, and two residences in Kingman.  The estimated aggregate value of the real property, currency and other assets seized on Feb. 18, 2016, exceeds $2.3 million, including approximately $220,000 in cash.  The agents and officers also seized approximately 11 kilograms (24.2 pounds) of precursor chemicals allegedly shipped from China in the primary residence of Smith and Phillips.  In addition, approximately 25 kilograms (55 pounds) of suspected spice with a street value of $250,000 was seized from the stores and the residence of Smith and Phillips.

If convicted on the charges in the indictment, Smith and Phillips each face a statutory maximum penalty of 20 years in prison.  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 DEA’s offices in Albuquerque, N.M., and Flagstaff, Lake Havasu and Yuma, Ariz., with assistance from the Raton Police Department and the Mohave Area General Narcotics Enforcement Team.  Assistant U.S. Attorney Shaheen P. Torgoley is prosecuting the case.

The synthetic cannabinoids charged in the indictment are commonly referred to as synthetic marijuana or “spice.”  According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids.  Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana.  These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana.  These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process.  Synthetic cannabinoids often are labeled as incense to mask their intended purpose.

Smith Phillips Indictment

ALBUQUERQUE – Eduardo Duran, Jr., 34, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.

Duran was arrested on May 6, 2015, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Eddy County, N.M., on Feb. 9, 2015.  According to the complaint, Pecos Valley Drug Task Force agents executed a search warrant at a residence in Carlsbad where they seized a large sum of cash, several packages of Suboxone, a small amount of marijuana, drug paraphernalia and approximately 780 grams of methamphetamine.

On Oct. 7, 2015, Duran pled guilty to a felony information charging him with conspiracy to possess methamphetamine with intent to distribute.  In entering the guilty plea, Duran admitted that on Feb. 9, 2015, he possessed approximately 780 grams of methamphetamine which was seized by officers who executed a search warrant at his residence.

This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force.  Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

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

ALBUQUERQUE – Ruben Nieto, 45, of Albuquerque, N.M., was sentenced in federal court yesterday afternoon to 120 months in prison for his conviction for distributing child pornography.  He will be on supervised release for five years after completing his prison sentence.  Nieto was ordered to pay $1,000 to each of the two victims whose images were used in the child pornography distributed by Nieto.  Nieto also will be required to register as a sex offender.

Nieto was arrested by the FBI on Nov. 13, 2014, on a criminal complaint charging him with distribution of a visual depiction of a minor engaged in sexually explicit conduct and possession of a visual depiction of a minor engaged in sexually explicit conduct.  Nieto was charged with committing both offenses in Bernalillo County, N.M., from March 24, 2014 through March 27, 2014.  On Dec. 3, 2014, Nieto was indicted and charged with distributing child pornography. 

According to court filings, the FBI initiated a federal investigation into Nieto in May 2014, after receiving a referral from the Bernalillo County Sheriff’s Office (BCSO) and the New Mexico Office of the Attorney General (NMOAG), both of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.  In Jan. 2014, investigators identified an IP address that was being used to download and share child pornography.  Investigation revealed that the IP address was subscribed to the residence in which Nieto lived until April 2014.  In May 2014, investigators executed a search warrant at the residence and seized computers and computer-related media that contained child pornography after learning that Nieto regularly used the computer while he lived in the residence.

On July 29, 2015, Nieto pled guilty to the indictment without the benefit of a plea agreement.   

This case was investigated by the Albuquerque office of the FBI, the BCSO, the NMOAG and the New Mexico ICAC Task Force. 

The case was prosecuted by Assistant U.S. Attorney Shammara H. Henderson 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 NMOAG.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Phillip Pacheco, 29, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of firearms and counterfeiting U.S. securities.  Under the terms of his plea agreement, Pacheco will be sentenced to 84 months in federal prison followed by a term of supervised release to be determined by the court.

Pacheco was indicted on May 28, 2015, and charged with being a felon in possession of firearms and counterfeiting U.S. securities on July 1, 2013, in Bernalillo County, N.M.  At the time, Pacheco was prohibited from possessing firearms because he previously had been convicted of marijuana trafficking, armed robbery, conspiracy to commit armed robbery, aggravated assault with a deadly weapon and being a felon in possession of a firearm. 

Pacheco was arrested in Aug. 2015, after he was transferred to federal custody from state custody where he was being held on related state charges.  The state charges have since been dismissed in favor of federal prosecution.

During today’s proceedings, Pacheco pled guilty to the indictment.  In entering the guilty plea, Pacheco admitted that on July 1, 2013, he possessed three firearms even though he was prohibited from possessing firearms because of his status as a convicted felon.  Pacheco further admitted that he fraudulently made 147 counterfeit Federal Reserve Notes with a total face value of $9,820.00. 

Under the terms of his plea agreement, Pacheco must forfeit the three firearms found in his possession on July 1, 2013.  He also must forfeit the equipment he used to make the counterfeit Federal Reserve Notes.

Pacheco remains in custody pending his sentencing hearing, which has yet to be scheduled. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney David M. Walsh is prosecuting the case.

ALBUQUERQUE – Francisco Calvillo, 52, a Mexican national illegally residing in El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his methamphetamine trafficking conviction.  Calvillo will be deported following his term of incarceration.

Calvillo was arrested in April 2015, after U.S. Border Patrol agents at the Border Patrol Checkpoint on I-25 in Doña Ana County, N.M., found a handgun in the vehicle’s center console and approximately .77 kilograms (1.7 pounds) of methamphetamine concealed under Calvillo’s clothes.

On Aug. 17, 2015, Calvillo pled guilty to a felony information charging him with conspiracy to possess methamphetamine with intent to distribute.  Calvillo admitted that on April 10, 2015, he drove his car to the Border Patrol checkpoint on I-25 where agents found .77 kilograms of methamphetamine in the waistband of his pants.  Calvillo further admitted that he conspired with others to transport the methamphetamine from Mexico into the United States.

This case was investigated by the U.S. Border Patrol and the DEA and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Massiel Segoviano-Fierro, 24, a Mexican national illegally residing in the United States, pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.

Segoviano-Fierro and his co-defendant Juan Carlos Nieblas-Ruelas, 27, also a Mexican national illegally residing in the United States, were arrested in Nov. 2015, and charged by criminal complaint with conspiracy and possession of methamphetamine with intent to distribute on Nov. 23, 2015, in Bernalillo Country N.M.  The two men were arrested after Segoviano-Fierro attempted to sell approximately ten pounds of methamphetamine to an undercover law enforcement agent.

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

On Jan. 22, 2016, Nieblas-Ruelas plead guilty to a felony information charging him with possession of methamphetamine with intent to distribute and admitted that on Nov. 23, 2015, he retrieved methamphetamine from a trailer house in Albuquerque which he then gave to Segoviano-Fierro to distribute and sell in Albuquerque. 

At sentencing, Segoviano-Fierro and Nieblas-Ruelas each face a maximum penalty of 20 years in federal prison and will be deported following their terms of incarceration.  Both men remain in custody pending sentencing hearings which have yet to be scheduled.

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

ALBUQUERQUE – Jose Tiburcio Hernandez-Aguilar, 57, a Mexican national, made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with violating the federal narcotics trafficking laws.  Hernandez-Aguilar remains in custody pending a preliminary hearing and a detention hearing which have yet to be scheduled.

Hernandez-Aguilar was arrested on Feb. 20, 2016, by the U.S. Border Patrol and the DEA for possession of methamphetamine with intent to distribute in Doña Ana County, N.M.  The criminal complaint alleges that on that day, U.S. Border Patrol Agents allegedly found 14 bundles of methamphetamine weighing approximately 3.62 kilograms (eight pounds) in a hidden compartment in Hernandez-Aguilar’s vehicle.

If convicted of the crime charged in the criminal complaint, Hernadez-Aguilar faces 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 U.S. Border Patrol and the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Luis Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Jestin White, 23, of Hobbs, N.M., pled guilty on Friday afternoon in federal court in Las Cruces, N.M., to cocaine trafficking charges under a plea agreement with the U.S. Attorney’s Office.

White was arrested in May 2015, on a criminal complaint charging him with distribution of cocaine on May 19, 2015, in Lea County, N.M.  According to the complaint, White distributed cocaine to an undercover law enforcement agent from Aug. 25, 2014 through May 19, 2015.

White was subsequently charged in a five-count indictment that was filed on Aug. 19, 2015.  The indictment charged White with distributing cocaine on Sept. 4, 2014, Sept. 9, 2014, Oct. 23, 2014, Nov. 6, 2014, and May 19, 2015.  The crimes charged in the indictment took place in Lea County.  The indictment also included forfeiture allegations requiring White to forfeit $8,050.00 to the United States.

During Friday’s proceedings, White pled guilty to the indictment and admitted selling a total of 461 grams of cocaine to an undercover agent during five separate drug deals.  More specifically White admitted selling the following quantities of cocaine to the agent:  2.1 grams on Sept. 4, 2014; 57 grams on Sept. 9, 2014; 57.5 grams on Oct. 23, 2014; 62 grams on Nov. 6, 2014; and 283 grams on May 19, 2015.

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

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lea County Drug Task Force.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

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

ALBUQUERQUE – A former employee of the Income Support Division of the New Mexico Human Services Department was sentenced for defrauding the federal food stamp program.  Joseph Martin Padilla, 34, of Albuquerque, N.M., was sentenced in federal court today to one year and a day in prison followed by three years of supervised release.  Padilla was also ordered to pay $181,398.76 in restitution to the U.S. Department of Agriculture. 

Padilla is one of six defendants charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014.  The indictment alleged that between Sept. 2009 to May 2010, Padilla, conspired with Wilfredo Lopez, 47, Joshua Moya, 33, Justin Quintana, 29, Sergio Escobedo, 36, and Veronica Hernandez, 41, to defraud the United States through the unauthorized use of Food Stamp benefits, which are currently called Supplemental Nutrition Assistance Program (SNAP) benefits.  During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department (HSD) where he was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.

SNAP is funded by the U.S. Department of Agriculture and is administered by the States.  The program was created to alleviate hunger and malnutrition, and permits low income households to obtain more nutritious diet by increasing the food purchasing power for eligible households.  In New Mexico, individuals qualify to participate in SNAP based on income and need by completing an application with the Income Support Division of HSD.  Once an applicant is deemed eligible for SNAP benefits by a Family Assistance Analyst, the Analyst establishes a SNAP account in the applicant’s name and electronic benefit transfers (EBT), which are determined based on income, resources and household size, are deposited into the account on a monthly basis.

The indictment charged Padilla with abusing his position as a Family Assistance Analyst by conspiring with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits.  It alleged that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value.  It also charged Padilla with establishing and using a fraudulent SNAP account to fraudulently obtain approximately $1,468.00 in SNAP benefits for himself.  According to the indictment, Padilla fraudulently established 25 separate SNAP accounts through which the United States was defrauded of approximately $45,263.00 in SNAP benefits.  Additionally, Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain an aggregate of $12,705.00 in SNAP benefits.

On Nov. 23, 2015, Padilla pled guilty two counts of the indictment and admitted that he was previously employed by HSD and despite his awareness of the policies and procedures of HSD, he processed numerous applications for SNAP benefits in a fraudulent manner in exchange for cash payments.  Padilla acknowledged that his illegal conduct resulted in an aggregate loss to the U.S. Department of Agriculture and the State of New Mexico of approximately $181,398.76. 

On May 19, 2015, Lopez entered a guilty plea to one count of the indictment and admitted that he completed fraudulent applications for SNAP benefits in his name, another for himself in a pseudonym, and in the names of two other individuals.  Lopez paid $100.00 to process each of the applications.  Lopez was sentenced on Jan. 14, 2016, to four years of probation and was ordered to pay $8,382.00 in restitution to the USDA.

On May 18, 2015, Quintana pled guilty to one count of the Indictment, and admitted meeting Padilla through Moya, and knowing that Padilla had the ability to register people to receive food stamps.  Quintana admitted that he agreed to pay Padilla a fee in exchange for arranging for him to receive food stamps unlawfully.  Quintana obtained $486.00 in SNAP benefits through his illegal conduct.  He also received a fee for collecting SNAP applications from six other people and delivering the completed applications to Padilla for the purpose of assisting them in obtaining SPA benefits unlawfully.  Quintana acknowledged that his criminal conduct caused a monetary loss to the U.S. Department of Agriculture of $9,384.00.  Quintana was sentenced on Aug. 17, 2015, to three years of probation and was ordered to pay $9,384.00 in restitution.

On March 9, 2015, Moya pled guilty to one count of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled.  Moya admitted that in early Dec. 2009, Padilla provided him with an application to obtain food stamps.  Moya completed the application and returned it to Padilla for processing even though he knew that he was not entitled to SNAP benefits.  Moya admitted unlawfully receiving $866.00 in SNAP benefits.  Moya also admitted providing another application for SNAP benefits to a family member and that his relative unlawfully received $1,578.00 in SNAP benefits.  On May 6, 2015, Moya was sentenced to six months in prison, or time served, followed by three years of supervised release.  Moya also was ordered to pay $2,444.00 in restitution.

Escobedo and Hernandez have entered not guilty pleas to the charges in the indictment.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture and the Office of Inspector General for New Mexico Human Services, and is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.

ALBUQUERQUE – Marcelino Chalan, 27, of Cochiti Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to bank robbery charges.

Chalan was arrested Sept. 16, 2015, on a criminal complaint charging him with robbing the Wells Fargo Bank branch inside the Albertson’s supermarket located at 3301 Southern Blvd. in Rio Rancho, N.M., on July 20, 2015.  The complaint alleged that Chalan robbed the bank by handing a handwritten note with a robbery demand to a bank teller.  The teller complied with Chalan’s written and verbal robbery demands and handed money over to Chalan.  Chalan left the scene in a vehicle that appeared to be driven another individual.  The investigation into Chalan began after the FBI received a tip identifying Chalan as the bank robber.

Chalan was subsequently indicted on Oct. 7, 2015, and charged with robbing the Wells Fargo Bank located at 3301 Southern Blvd. in Rio Rancho on July 20, 2015; robbing the First National Rio Grande Bank located at 7620 Jefferson St. in Albuquerque on July 27, 2015; and robbing the Santa Fe Federal Credit Union located at 7101 Jefferson St. in Albuquerque on Aug. 3, 2015. 

During today’s plea hearing, Chalan entered a guilty plea to the indictment without the benefit of a plea agreement.  At sentencing, Chalan faces a maximum penalty of 20 years in federal prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI, the Rio Rancho Police Department, the Albuquerque Police Department and the Cochiti Pueblo Tribal Police Department.  Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.

ALBUQUERQUE — Allen Norton, 45, an enrolled member of the Navajo Nation who resides in Ramah, N.M., was sentenced today in federal court in Santa Fe, N.M., to 78 months in prison for his voluntary manslaughter conviction.  He will be on supervised release for three years after completing his prison sentence.

 Norton was arrested on April 27, 2015, on a criminal complaint charging him with killing a man on April 25, 2015, by stabbing him.  The crime occurred at the victim’s residence on the Navajo Indian Reservation in McKinley County, N.M. 

Norton was subsequently indicted on May 12, 2015, on a voluntary manslaughter charge.  On Sept. 22, 2015, Norton pled guilty to the indictment and admitted killing the victim by stabbing him with a knife.

 This case was investigated by the Albuquerque office of the FBI and the Ramah Navajo Tribal Police Department.  Assistant U.S. Attorney Sarah Mease prosecuted the case.

ALBUQUERQUE – Trevor Bianchini, 24, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., for unlawfully possessing a firearm and ammunition.  Bianchini was sentenced to 40 months in federal prison followed by three years of supervised release. 

Bianchini was arrested in March 2015, on a two-count indictment charging him with (1) being a felon in possession of firearms and ammunition, and (2) possession of body armor by a person who had been convicted of a felony violent crime offense.  According to the indictment, Bianchini committed the offenses on May 24, 2014, in Bernalillo County, N.M.  At the time, Bianchini was prohibited from possessing firearms, ammunition, or body armor because he previously had been convicted of burglary of a vehicle, conspiracy to commit burglary of a vehicle, and two counts of residential burglary.

On Aug. 18, 2015, Bianchini pled guilty to both counts of the indictment without the benefit of a plea agreement.

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

ALBUQUERQUE – Eugene Vigil, 37, of Truchas, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 60 months in prison followed by four years of supervised release for his heroin trafficking conviction. 

Vigil was arrested on May 5, 2014, on an indictment charging him with participation in a heroin trafficking conspiracy and heroin trafficking.  On Aug. 27, 2015, Vigil entered a guilty plea to a heroin distribution charge and admitted distributing more than 100 grams of heroin. 

In his plea agreement, Vigil admitted purchasing ten ounces of heroin in Feb. 2014, with the intention of reselling and distributing the heroin to others in and around Rio Arriba County, N.M.  According to the plea agreement, on Feb. 25, 2014, law enforcement officers went to Vigil’s residence inquiring about heroin.  Vigil agreed to show the officers where he kept his heroin and led them to four guardrails along New Mexico Highway 76.  There Vigil showed the officers where he hid his heroin and surrendered approximately 219.9 grams of heroin to the officers.

This case was investigated by the Albuquerque office of the DEA with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.

The case was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez 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.

ALBUQUERQUE – Francisco Hernandez-Hernandez, 24, a resident alien from Chihuahua, Mexico, who resides in Albuquerque, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 70 months in prison for his heroin trafficking conviction. He will be deported after completing his prison sentence.

Hernandez-Hernandez was arrested on May 4, 2014, on an indictment charging him with participation in a heroin trafficking conspiracy and using communication devices to facilitate drug trafficking crimes.  On Oct. 13, 2015, Hernandez-Hernandez entered a guilty plea to a heroin distribution conspiracy charge and admitted being a member of a heroin distribution conspiracy. 

In his plea agreement, Hernandez-Hernandez admitted joining the conspiracy in Dec. 2013, and participated in its activities until April 2014.  Hernandez-Hernandez acknowledged that he delivered and sold heroin provided by organizers and managers of the conspiracy.  On a typical day, he sold heroin to 30 customers.  Hernandez-Hernandez also provided direction and guidance to less experienced deliverymen and helped coordinate delivery of the conspiracy’s heroin.

The plea agreement states that in April 2014, Hernandez-Hernandez traveled to California at the direction of the conspiracy’s organizer.  In California, Hernandez-Hernandez purchased 750 grams of heroin which was concealed in a loudspeaker box.  During his return to New Mexico, he detoured to Colorado where he left the heroin in a relative’s home after learning that law enforcement authorities were investigating the conspiracy’s drug trafficking activities.  Hernandez-Hernandez was subsequently detained by law enforcement authorities and the heroin he left in Colorado was surrendered to law enforcement.

This case was investigated by the Albuquerque office of the DEA with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.

The case was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez 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.

ALBUQUERQUE – Juan Reyes-Abarca, 31, a Mexican national from Tepic, Nayarit, Mexico, illegally residing in Albuquerque, N.M, was sentenced this morning in federal court in Santa Fe, N.M., to 70 months in prison for his heroin trafficking conviction.  He will be deported after completing his prison sentence. 

Reyes-Abarca was arrested on April 3, 2014, on a criminal complaint charging him with unlawfully reentering the United States after being convicted of an aggravated felony.  According to the criminal complaint, Reyes-Abarca was arrested in Bernalillo County, N.M., while driving another person to retrieve heroin.  It further alleged that Reyes-Abarca was deported in Dec. 2006, after he was convicted on state heroin trafficking charges in Bernalillo County.  Reyes-Abarca subsequently was indicted and charged with conspiracy to distribute more than 100 grams of heroin.

On May 14, 2015, Reyes-Abarca pled guilty to participating in a conspiracy to distribute heroin.  In his plea agreement, Reyes-Abarca admitted that in Jan. 2014, he joined a conspiracy that acquired and distributed heroin in Bernalillo County.  His role in the conspiracy was to order and obtain heroin from suppliers and he frequently “processed bulk heroin received from suppliers by ‘cutting’ or diluting the heroin with sugar or other inert substances, dividing the … heroin into smaller portions, and re-packaging the heroin into small plastic bags for further distribution.”  Reyes-Abarca also admitted that he also delivered and sold heroin himself. 

This case was investigated by the Albuquerque office of the DEA with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.

The case was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez 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.

ALBUQUERQUE – Two inmates who were housed at the Otero County Prison Facility (OCPF) in Chaparral, N.M., were sentenced today in federal court in Las Cruces, N.M., for their participation in a conspiracy to smuggle methamphetamine and heroin into the OCPF.  Armando Lopez, 29, of Anthony, Texas, was sentenced to 84 months in prison followed by three years of supervised release, and Eric Lovato, 32, of Alamogordo, N.M., was sentenced to 70 months in prison followed by three years of supervised release.

Lopez and Lovato were two of six individuals charged in April 2014, in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the OCPF.  The other defendants charged with participating in the conspiracy were Luis Delgadillo, 39, of El Paso, Texas, who was a corrections officer at OCPF during the conspiracy, Ana Lopez, 26, of Albuquerque, N.M., Nancy Salas, 37, of Alamogordo, N.M., and Gary Borja, 28, of Albuquerque.  All six defendants subsequently were indicted on Aug. 20, 2014, and charged with conspiracy to distribute methamphetamine and heroin from Dec. 2013 through April 26, 2014, in Otero County, N.M.

The FBI initiated an investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF.  The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy who smuggled narcotics into the OCPF between Jan. 2014 and April 2014. 

Lovato pled guilty to the indictment in Oct. 2015, and Armando Lopez entered a similar guilty plea in Nov. 2015.  Lovato admitted recruiting Salas to smuggle drugs into the prison and deliver the drugs to Delgadillo, and Lopez admitted recruiting Ana Lopez to do the same thing.  On April 26, 2014, at Lopez’s direction, Ana Lopez met with Delgadillo and gave him 25 grams of methamphetamine, 11 grams of heroin and ten Suboxone pills for Delgadillo to smuggle into OCPF.

The four co-defendants have entered guilty pleas to the indictment.  On Jan. 12, 2016, Delgadillo was sentenced to 40 months in prison followed by three years of supervised release.  On June 24, 2015, Ana Lopez was sentenced to 30 months in federal prison followed by two years of supervised release.  Borja and Salas have yet to be sentenced.

This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – David Castillo, 38, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., was sentenced today in federal court in Santa Fe, N.M., to 20 years in federal prison for his child sexual abuse conviction.  Castillo will be on supervised release for ten years after completing his prison sentence.  He also will be required to register as a sex offender.

Castillo was arrested May 17, 2015, on a two-count indictment charging him with aggravated sexual abuse of a child under the age of 12.  The indictment alleged that Castillo sexually assaulted a child on a date between May 1, 2006 and Sept. 4, 2006, and again on a date between Dec. 20, 2006 and Jan. 8, 2007.  He was charged with committing the two crimes on the Navajo Indian Reservation in McKinley County, N.M.

On Sept. 14, 2015, Castillo pled guilty to a two-count felony information charging him with aggravated sexual abuse.  In entering his guilty plea, Castillo admitted sexually assaulting the victim in the summer of 2006, when the victim was eight years old.  He also admitted sexually assaulting the victim over the Christmas holiday in 2006, when the victim was nine years old.  According to the plea agreement, Castillo sexually assaulted the victim five times during the periods of time on the Navajo Indian Reservation.

This case was investigated by the Gallup office of the FBI and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney Sarah Mease.

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

ALBUQUERQUE – Christopher Ulibarri, 29, of Farmington, N.M., made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with being a felon in possession of a firearm and ammunition.  Ulibarri remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow.

Ulibarri was arrested yesterday by the Bureau of Alcohol, Tobacco, Firearms and Explosives for unlawfully possessing a firearm and ammunition in San Juan County, N.M., on Aug. 15, 2015.  The criminal complaint alleges that on that day, officers of the Farmington Police Department responded to a restaurant in Farmington after receiving a report that Ulibarri carried a rifle into the restaurant.  The officers located Ulibarri in the restaurant; he allegedly was holding a rifle, which he refused to drop despite repeated commands from the officers.  The complaint alleges that an officer had to forcibly remove the rifle, which was loaded with four rounds of ammunition, from Ulibarri.

The criminal complaint states that Ulibarri was prohibited from possessing firearms or ammunition on Aug. 15, 2015, because of his status as a convicted felon.  Ulibarri previously had been convicted of residential burglary, larceny and criminal damage to property in the 11th Judicial District Court for the State of New Mexico.

Ulibarri was arrested on related state charges on Aug. 15, 2015.  Those charges have been dismissed in favor of federal prosecution. 

If convicted of the crime charged in the criminal complaint, Ulibarri faces a maximum penalty of ten years in federal prison.  Charges in criminal complaints are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Farmington Police Department, with assistance from the 11th Judicial District Attorney’s Office.  Assistant U.S. Attorney Jacob A. Wishard is prosecuting the case.

This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders 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 San Juan County, under this initiative.

ALBUQUERQUE – Donald Norton, 46, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., was sentenced today in federal court in Albuquerque, N.M., for his child sex abuse conviction.  Norton was sentenced to 275 months in federal prison followed by ten years of supervised release.  He also was ordered to pay a $1,000 fine.  Norton will be required to register as a sex offender when he completes his prison sentence.

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

Norton was arrested on Dec. 2, 2013, on a two-count indictment alleging that he sexually abused the victim in Dec. 2009 and on a date between May 2010 and Aug. 2010.  The indictment alleged that Norton committed the crimes on the Navajo Indian Reservation in McKinley County, N.M.

On May 27, 2015, Norton pled guilty to a felony information charging him with one count of aggravated sexual abuse.  In entering his guilty plea, Norton admitted sexually molesting a child in Dec. 2009.

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

ALBUQUERQUE – Michael Graham, 43, of Farmington, N.M., was sentenced today in federal court in Albuquerque, N.M., to 46 months in prison for unlawfully possessing a firearm and ammunition.  He will be on supervised release for two years after completing his prison sentence.

Graham was charged in an indictment on Aug. 26, 2014, with being a felon in possession of firearms and ammunition on Feb. 9, 2014, in San Juan County, N.M.  At the time, Graham was prohibited from possessing firearms or ammunition because he had previously been convicted of accessory to bringing contraband into a jail, aggravated assault, and being a felon in possession of a firearm.

Graham pled guilty to the indictment on July 8, 2015, and admitted that on Feb. 9, 2014, he possessed a loaded pistol with an obliterated serial number in Farmington.  Graham also admitted knowing he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Farmington Police Department and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Jerilyn Munoz, 28, of Artesia, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to a money laundering conspiracy charge under a plea agreement with the U.S. Attorney’s Office. 

Munoz 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.

Munoz 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 Munoz with participation in a methamphetamine trafficking conspiracy, participation in a money laundering conspiracy, and using a communications device, a telephone, to facilitate a drug trafficking crime. 

During today’s change of plea hearing, Munoz pled guilty to the 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.

Munoz is the second of the 18 federal defendants to enter a guilty plea.  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.

ALBUQUERQUE – Phillip Lovato, 30, of Santa Fe, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to heroin trafficking and firearms charges, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and New Mexico State Police Lt. Scott McFaul, the Commander of the HIDTA Region III Drug Task Force.

Lovato was arrested by the FBI on Feb. 10, 2015, on a criminal complaint charging him with distributing heroin, possessing heroin with intent to distribute, using and carrying firearms in furtherance of drug trafficking crimes, and being a felon in possession of a firearm and ammunition.  According to the criminal complaint, Lovato sold heroin to a person working with law enforcement on Oct. 23, 2014 and Nov. 4, 2014.  It also alleged that Lovato unlawfully possessed more than 40 grams of heroin and a firearm on Nov. 17, 2014, and more than 670 grams of heroin on Feb. 6, 2015.  It also charged him with being a felon in possession of firearm on Feb. 10, 2015. 

On Feb. 25, 2015, a federal grand jury returned a seven-count indictment against Lovato charging him with two counts of distributing heroin, two counts of possession of heroin with intent to distribute, two counts of being a felon in possession of firearms and ammunition, and one count of using and carrying a firearm in furtherance of a drug trafficking crimes.  According to the indictment, Lovato committed these crimes in Santa Fe County.

Today Lovato entered guilty pleas to two counts of possession of heroin with intent to distribute, one count of using a firearm in furtherance of a drug trafficking crime, and one count of being a felon in possession of a firearm.  In his plea agreement, Lovato admitted selling heroin from a residence on Alta Vista Street in Santa Fe on Nov. 17, 2014.  On that day, Lovato was carrying a black backpack which contained heroin and a semi-automatic pistol that he used to protect the drugs he was carrying and the proceeds from his drug sales.  Lovato admitted that after completing several drug transactions at the Alta Vista Street residence, he got into a pickup truck to go to another location where he intended to continue selling heroin.  When the truck was stopped by law enforcement officers, Lovato admitted that he had heroin in the truck, and the officers seized 40 grams of heroin and the semi-automatic pistol from Lovato’s backpack.

Lovato admitted in his plea agreement that he subsequently acquired another firearm and additional heroin and resumed selling heroin in and around Santa Fe, storing his heroin and cash proceeds in a storage facility in Santa Fe.  On Feb. 6, 2015, law enforcement officers executed a search warrant on the storage facility where they seized 665 grams of heroin and $49,242 in proceeds from Lovato’s heroin deals. 

Lovato was arrested on Feb. 10, 2015, outside a residence in Santa Fe.  Lovato admitted that before his arrest, he left a semi-automatic handgun inside the residence.  Following Lovato’s arrest, law enforcement officers seized the handgun when they executed a consensual search of the residence.  Lovato acknowledged knowing that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

Under the terms of the plea agreement, Lovato will be sentenced to ten years in federal prison to be followed by at least four years of supervised release.  The plea agreement also requires Lovato to forfeit the two firearms seized from him during the investigation of the case. He also must forfeit the $49,242 seized from his storage unit in Feb. 2016.  Lovato remains in federal custody pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the Santa Fe office of the FBI and the HIDTA Region III Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Timothy S. Vasquez.

The HIDTA – High Intensity Drug Trafficking Area – Program is a program of the White House Office National Drug Control Policy (ONDCP) that facilitates cooperation among federal, state, local and tribal law enforcement to foster intelligence sharing and to support the execution of effective enforcement operations aimed at dismantling drug trafficking organization in critical drug trafficking regions of the United States.  The HIDTA Region III Narcotics Task Force is comprised of the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.

Lovato, who has two prior drug trafficking convictions and an aggravated assault conviction, 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 primarily based on their prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Santa Fe County, under this initiative.

This case also is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Denise Romero, 28, of Los Ranchos, N.M., was sentenced in federal court today to 37 months in prison for robbing the New Mexico Bank & Trust branch located on 4th Street NW in Albuquerque, N.M., in March 2015.  She will be on supervised release for three years after completing her prison sentence.  Romero also was ordered to pay full restitution to the bank.

Romero was arrested on March 20, 2015, on a criminal complaint alleging that she robbed the New Mexico Bank & Trust branch on March 16, 2015.  According to the complaint, Romero approached the bank teller with a note to the teller suggesting that Romero had a gun. Romero used the money from the bank robbery to bail her boyfriend out of jail.

Romero was indicted on April 14, 2015, and charged with bank robbery.  On Aug. 11, 2015, Romero pled guilty to the indictment without the benefit of a plea agreement.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo. 

ALBUQUERQUE – Amanda Andrea Wyatt, 26, of Albuquerque, N.M., pleaded guilty today in federal court to a methamphetamine trafficking charge.

Wyatt was arrested on a criminal complaint after the DEA seized approximately 2.9 kilograms (6.38 pounds) of methamphetamine from her during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 18, 2015.  The methamphetamine was contained in a large bundle that was concealed underneath Wyatt’s clothing.  Wyatt was subsequently indicted on Nov. 5, 2015, and charged with possession of methamphetamine with intent to distribute.

During today’s hearing, Wyatt pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Wyatt admitted that on Oct. 18, 2015, she possessed methamphetamine, which was wrapped in bundles and strapped to her midsection while traveling through Albuquerque on the Amtrak train.  She further admitted that she was to be paid $3,000.00 to transport the narcotics to Kansas City, Mo.

At sentencing, Wyatt faces a maximum penalty of 20 years in federal prison.  Her sentencing hearing has not yet been scheduled.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Edward Han.

ALBUQUERQUE – Jose Rodriguez, 23, of Albuquerque, N.M., was sentenced today in federal court for violating the Hobbs Act and firearms laws by robbing eight businesses involved in interstate commerce at gunpoint.  Rodriguez was sentenced to ten years in prison followed by three years of supervised release. 

The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.

Rodriguez was charged in March 2015, in a four-count indictment alleging that he robbed two Albuquerque-area businesses that were engaged in interstate commerce.  It further alleged that Rodriguez brandished firearms during each of the two robberies.  Rodriguez was arrested on April 22, 2015, after he was transferred to federal custody from state custody where he was being held on related state charges which were later dismissed in favor of federal prosecution.

Rodriguez entered a guilty plea on October 1, 2015, to a nine-count felony information charging him with violating the Hobbs Act and federal firearms laws.  The first eight counts of the information charged Rodriguez with interfering with interstate commerce by robbing the following eight businesses between June 2014 and Aug. 2014:

• Papa John’s Pizza on Gibson Blvd. SE in Albuquerque on June 29, 2014;

• Twisters on Gibson Blvd SW in Albuquerque on July 5, 2014;

• Flowers Bakery on Gibson Blvd. SE in Albuquerque on July 14, 2014;

• Pump-N-Save gas station on Menaul Blvd. NE in Albuquerque on July 17, 2014;

• Krispy Kreme on Wyoming Blvd NE in Albuquerque on July 30, 2014;

• M&M Gas Station on Coors Blvd. NW in Albuquerque on Aug. 5, 2014;

• Phillips 66 Gas Station on Coors Blvd. NW in Albuquerque on Aug. 6, 2014;

• Church’s Chicken on Central Ave NW in Albuquerque on Aug. 7, 2014.

The ninth count of the information charged Rodriguez with brandishing a firearm during a crime of violence, specifically, the robbery of the Church’s Chicken on Aug. 7, 2014.  In addition, in his plea agreement, Rodriguez admitted that he used a firearm, which he brandished at employees of the businesses he robbed, during seven of the eight robberies.

 According to court filings, Rodriguez is addicted to heroin and claimed that he robbed people at gunpoint to feed his addiction. 

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. 

The case was prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei Rodriguez as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior 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.

ALBUQUERQUE – This morning a U.S. Magistrate Judge found probable cause to support a criminal complaint charging Rufus Phelps, 25, of Albuquerque, N.M., with being a felon in possession of a firearm and ammunition.  Phelps was ordered detained pending trial.

Phelps was arrested by the U.S. Marshals Service on Feb. 5, 2016, on the federal criminal complaint which alleged that he unlawfully possessed a firearm and ammunition on Feb. 4, 2016, in Bernalillo County, N.M.  According to the federal criminal complaint, Phelps was arrested on state charges on Feb. 4, 2016, after Albuquerque Police Department (APD) officers observed Phelps in a parked car and recognized him from previous encounters.  The officers arrested Phelps after a warrant check revealed that there was an outstanding warrant for his arrest. 

At the time of his arrest by APD, Phelps allegedly possessed a loaded firearm and a “golf ball size amount of methamphetamine.”  At the time, Phelps was prohibited from possessing firearms or ammunition because he previously had been convicted for the unlawful taking of a motor vehicle.

If convicted of the federal offense against him, Phelps faces a maximum sentence of ten years in federal prison.  The charges against Phelps are merely accusations and he is presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the U.S. Marshals Service.  Assistant U.S. Attorney Eva M. Fontanez 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.

ALBUQUERQUE – Pawankumar Jain, 63, a physician whose license has been revoked, entered a guilty plea this morning in federal court in Las Cruces, N.M., to unlawfully dispensing controlled substances and health care fraud.  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, and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.

Jain initially was charged in a 111-count indictment filed in April 2014.  The indictment charged Jain with 61 counts of unlawfully dispensing controlled substances and 50 counts of healthcare fraud.  A 138-count second superseding indictment filed in June 2015 added new charges for a total of 79 unlawful dispensing charges and 59 healthcare fraud charges.  The superseding indictment alleged that Jain committed the offenses charged between April 2009 and June 2010, in Doña Ana County, N.M.  During that time, Jain was a licensed physician with a neurology subspecialty who operated a pain management medical practice in Las Cruces.  Jain’s medical license was suspended in June 2012, and subsequently revoked in Dec. 2012 by the New Mexico Medical Board. 

The 79 dispensing counts in the superseding indictment charged Jain with unlawfully dispensing prescription painkillers, primarily Oxycodone and methadone, to patients outside the usual course of medical practice and without a legitimate medical purpose.  The 59 healthcare fraud counts alleged that Jain engaged in a scheme to defraud two federal health care benefit programs, Medicare and Medicaid, by submitting claims for payment for prescription medications he dispensed to patients outside the usual course of medical practice and without legitimate medical purpose.  The superseding indictment included allegations that Jain’s criminal conduct resulted in the deaths of four patients.

Today Jain pled guilty to one count of unlawfully dispensing a controlled substance and one count of health care fraud.  In his plea agreement, Jain acknowledged that from June 2007 through Feb. 2012, he was a licensed physician who practiced medicine in Las Cruces, and operated a “high volume practice, which included ‘pain management’ treatment for many patients.” 

In his treatment of one patient identified as “M.E.B.,” Jain admitted conducting “cursory exams and [that he] did not document a therapeutic benefit from the narcotics he was prescribing for her.”  Jain’s plea agreement states that he last saw M.E.B. as a patient on Nov. 25, 2009 when he “conducted a superficial exam … [and] wrote two prescriptions, each for 270 tablets of methadone 10 mg, one dated November 25, 2009, and the second dated December 23, 2009.  M.E.B. filled each of these prescriptions, which were issued outside the usual course of medical practice and without a legitimate medical purpose. . . .  Two days after she filled the second prescription, M.E.B. died on December 25, 2009.”

Jain also admitted committing health care fraud in connection with his treatment of M.E.B.  Jain’s plea agreement states that he knew M.E.B. was insured by Medicare and that claims to cover the costs of the medication he prescribed for her would be submitted to Medicare for payment, which was in keeping with his scheme to defraud Medicare.  It further states that each of the two prescriptions Jain wrote for M.E.B. on Nov. 25, 2009, were submitted to Medicare for payment, which was consistent with his intent.

Jain has been in federal custody since April 2014, and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Jain will be sentenced to a prison term within the range of 42 to 108 months followed by a term of supervised release to be determined by the court.

“This guilty plea should put health care providers who operate pill mills on notice that the authority to prescribe highly addictive controlled substances comes with accountability and responsibility.  Doctors take an oath to ‘first, do no harm.’  To fulfill that oath, health care providers who prescribe opioid painkillers must be vigilant not only in their prescribing practices but also in the follow-up care they provide to their patients.  Failure to do so can result in addiction and even death for their patients,” said U.S. Attorney Damon P. Martinez.  “This guilty plea comes at a time when the abuse of opioid painkillers, such as Oxycodone, has become a national epidemic that is having a devastating impact on New Mexicans, and the efforts of the DEA and FBI in investigating this case must be commended.  This case demonstrates that law enforcement can and will act forcefully with respect to those who supply drugs – including doctors.”

“Dr. Jain was entrusted with the care and well-being of patients in our community.  Tragically, he took advantage of that trust and endangered the lives of his own patients,” said DEA Special Agent in Charge Will Glaspy.  “Prescription drug abuse is a leading cause of heroin addiction and overdose deaths in the United States which has taken over 44,000 lives in the past year.  Physicians are generally part of the solution to our medical concerns.  Sadly, Dr. Jain was part of the problem.”

“Doctors who over-prescribe opioid pain medication contribute to a national epidemic of drug overdoses that annually kills thousands of people from every background and income level. 

While this plea won't repair the damage done to the victims or their families, it will hopefully head off future tragedies by making some doctors think twice before recklessly prescribing pain-killers. If that happens, then all the hard work that went into this case will have been worth it,” said FBI Special Agent in Charge Terry Wade.  “I thank the FBI Special Agents and support staff who worked closely with the DEA, New Mexico Medical Board and New Mexico Board of Pharmacy on this case, and I congratulate the U.S. Attorney’s Office for a successful prosecution.”

This case was investigated by the DEA’s Tactical Diversion Team in El Paso, Texas and the FBI’s Healthcare Fraud Unit with assistance from the New Mexico Medical Board and the New Mexico Board of Pharmacy.  The case is being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.

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

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative is 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 individuals who participate in drug diversion schemes, pill mills, rogue clinics and pharmacies, and prescription drug rings for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Michael Silva, 25, of West Orange, N.J., was sentenced today in federal court in Albuquerque, N.M., to 18 months in prison followed by three years of supervised release for his conviction on fraudulent use of counterfeit access devices charges.

Silva was arrested on Sept. 11, 2015, on a 15-count indictment charging him with one count of conspiracy to commit aggravated identity theft, 11 counts of access devise fraud, and two counts of aggravated identity theft.  The indictment alleged that from March 7, 2015 through April 21, 2015, Silva conspired with others to commit access device fraud and aggravated identity theft in Bernalillo, Sandoval and Santa Fe Counties, N.M.

According to the indictment, Silva participated in a conspiracy to use electronic devices known as “skimmers” on Automatic Teller Machines (ATM) to record information encoded on bank cards inserted into ATMs by legitimate bank customers.  The “skimmers” permitted Silva and his coconspirators to record Personal Identification Number (PIN) codes and magnetic data recorded from bank cards to create fraudulent bank cards.  They then used the fraudulent bank cards to access the bank accounts of legitimate bank customers.

On Nov. 12, 2015, Silva entered a guilty plea to two counts of access device fraud.  In entering the guilty plea, Silva admitted that in April 2015, he possessed electronic devices that could be used to unlawfully obtain bank account information and PIN codes from innocent users at ATMs.  Silva admitted using the electronic devices known as “skimmers” to obtain PIN codes and to create fraudulent bank cards.  Silva further admitted that on April 19, 2015, he used two counterfeit bank cards at the ATM at First Financial Credit Union on San Mateo Blvd. in Albuquerque to withdraw a total of $600.00 in cash from bank accounts without permission from the account holders.

This case was investigated by the Albuquerque office of Homeland Security Investigations and the Albuquerque Police Department.  Assistant U.S. Attorney Jonathon M. Gerson prosecuted the case.

ALBUQUERQUE – Four Mexican nationals made their initial appearances this morning in federal court in Las Cruces, N.M., on a criminal complaint charging them with methamphetamine trafficking offenses.  All four remain in federal custody pending preliminary hearings and detention hearings which have yet to be scheduled.

Jobel Irai Fontes-Nieto, 29, Antonio Ignacio Villa-Garcia, 30, Jesus Manuel Rodela-Castillo, 22, and Manuel Carreon-Chavira, 25, all of Chihuahua, Mexico, were arrested on Feb. 5, 2016, in Sunland Park, N.M., after law enforcement agents recovered five sealed bundles containing approximately 5.46 pounds of methamphetamine from the four men during an undercover operation. 

If convicted of the charges in the criminal complaint, all four defendants face a statutory mandatory minimum of ten years and maximum of life in federal prison and will be deported following their incarceration.  Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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

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

ALBUQUERQUE – Orlando G. Lucero, III, 44, of Alamogordo, N.M., was sentenced today in federal court in Las Cruces, N.M., to three years of probation including eight months of home detention with location monitoring for violating the federal firearms laws.

Lucero was arrested on March 25, 2015, on a criminal complaint charging him with unlawfully possessing a firearm and ammunition on Feb. 17, 2015 in Otero County, N.M.  The criminal complaint alleged that Lucero was prohibited from possessing firearms or ammunition because of his conviction on a misdemeanor domestic violence charge. 

Lucero was subsequently indicted on June 24, 2015.  According to the indictment, Lucero was prohibited from possessing firearms or ammunition because he previously had been convicted of misdemeanor crimes of domestic violence, battery against a household member and aggravated assault against a household member with a deadly weapon, in the 12th Judicial District Court in Otero County.

On Aug. 21, 2015, Lucero pled guilty to the indictment and admitted that on Feb. 17, 2015, he was in possession of a firearm and approximately 167 rounds of ammunition.  Lucero further admitted that at the time he was prohibited from possessing firearms and ammunition because of his prior convictions on domestic violence offenses.

 This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Probation and Parole Division of the New Mexico Corrections Department and the New Mexico State Police.  Assistant U.S. Attorney Maria Y. Armijo prosecuted the case.

ALBUQUERQUE – Flavio Loya Moncada, 53, of Deming, N.M., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.

Moncada was arrested on March 11, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on March 6, 2015, in Doña Ana County, N.M., after Moncada attempted to sell approximately 235.1 grams of methamphetamine to an undercover law enforcement agent. 

Moncada was subsequently charged in a four-count indictment with distributing methamphetamine on Jan. 10, 2015, Jan. 30, 2015, Feb. 14, 2015, and March 6, 2015.  The crimes charged in the indictment took place in Doña Ana County.  The indictment also included forfeiture allegations requiring Moncada to forfeit $10,600.00 to the United States.

During yesterday’s proceedings, Moncada pled guilty to the indictment and admitted selling a total of 450.4 grams of pure methamphetamine to an undercover law enforcement agent during four separate drug deals.  More specifically, Moncada admitted selling the following quantities of methamphetamine to the undercover agent:  52 grams on Jan. 10, 2015; 92 grams on Jan. 30, 2015; 165 grams on Feb. 14, 2015; and 140 grams on March 6, 2015.

At sentencing, Moncada faces a mandatory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release.  Moncada 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 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 – Johnny Joe Crowley, 50, of Carlsbad, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to violating federal narcotics trafficking and firearms laws.  Under the terms of his plea agreement, Crowley will be sentenced within the range of 84 to 96 months in federal prison followed by a term of supervised release to be determined by the court.

Crowley was arrested on July 28, 2015, on a criminal complaint charging him with being a felon in possession of a firearm in Eddy County, N.M., on March 10, 2015.  On that day, the Pecos Valley Drug Task Force (PVDTF) executed a search warrant at Crowley’s residence and seized approximately $3,248.00 in cash, a loaded handgun, ammunition and approximately 13.75 grams of methamphetamine. 

Crowley was subsequently indicted on Dec. 9, 2015, and charged with possession of methamphetamine with intent to distribute and being a felon in possession of firearms and ammunition.  At the time, Crowley was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including aggravated assault, receiving stolen property, distribution of methamphetamine, criminal damage to property, failure to appear, felon in possession of a firearm, escape from custody of a peace officer and conspiracy. 

During today’s change of plea hearing, Crowley pled guilty to the indictment and admitted that on March 10, 2015, he possessed 14 grams of methamphetamine and a handgun.  Crowley acknowledged that he was prohibited from possessing firearms because of his status as a convicted felon. 

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

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

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

ALBUQUERQUE – Edgar Rodriguez, 26, of San Diego, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.  Under the terms of his plea agreement, Rodriguez will be sentenced to 54 months in federal prison followed by a term of supervised release to be determined by the court. 

Rodriguez was arrested in May 2015, and charged in a criminal complaint with possession of methamphetamine with intent to distribute on May 15, 2015, in Bernalillo County, N.M.  According to the criminal complaint, on May 15, 2015, Homeland Security Investigations (HSI) agents executed a traffic stop on a vehicle driven by Rodriguez on Interstate 40.  While searching Rodriguez’s vehicle, the agents found approximately 11 pounds of methamphetamine concealed in the vehicle.  Rodriguez was indicted on the same charge on May 28, 2015.

During today’s proceedings, Rodriguez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In his plea agreement, Rodriguez admitted that on May 15, 2015, he consented to a search of his car during a traffic stop and that the officer conducting the search found the methamphetamine in the car.

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

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

ALBUQUERQUE – Francisco Roberto Esquibel, Jr., 34, of Albuquerque, N.M., pleaded guilty today in federal court to unlawfully possessing a firearm and ammunition.  The guilty plea was entered without the benefit of a plea agreement.

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

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

During today’s hearing, Esquibel pled guilty to the indictment.  At sentencing Esquibel faces a maximum penalty of ten years in federal prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of Homeland Security Investigations and the Albuquerque Police Department.  Assistant U.S. Attorney Jacob Wishard in prosecuting the case.

ALBUQUERQUE—Julian Concha, 26, a member and resident of Taos Pueblo, N.M., was sentenced this morning in Santa Fe, N.M., to 37 months in prison followed by three years of supervised release for his federal assault conviction. 

Concha was arrested on Feb. 13, 2015, on an indictment charging him with assault resulting in serious bodily injury and two counts of assault with a dangerous weapon.  The indictment alleged that the crimes were committed on Jan 15, 2013, in Taos Pueblo in Taos County, N.M.

On Aug. 6, 2015, Concha pled guilty to a felony information charging him with assault resulting in serious bodily injury and assault by striking, beating or wounding.  In entering the guilty plea, Concha admitted that on Jan. 15, 2013, he assaulted a woman by striking her on the face and head resulting in permanent damage to her left eye.  He also admitted assaulting a man by striking, beating and wounding the man’s face and head.

This case was investigated by Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Police Department.  Assistant U.S. Attorneys Kristopher N. Houghton and Niki Tapia-Brito prosecuted the case.

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

ALBUQUERQUE – John Jaramillo, 46, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for his federal child pornography conviction.  Jaramillo will be on supervised release for five years following his release from prison.  He also will be required to register as a sex offender.  

Jaramillo was arrested on April 24, 2014, by special agents of Homeland Security Investigations (HSI) on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct.  At the time of his arrest, Jaramillo was a registered nurse employed by two home healthcare providers that provide mental health and medical care for children and adolescents.

According to court filings, the investigation leading to Jaramillo’s arrest began in Nov. 2013, when an agent with the New Mexico State Police identified an IP address that was being used to share child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks.  Subsequent investigation revealed that the IP address was subscribed to Jaramillo’s residence.  On April 24, 2014, HSI, the New Mexico State Police, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department, all agencies that participate in the New Mexico Internet Crimes Against Children (ICAC) Task Force, executed a federal search warrant at the residence and seized Jaramillo’s computer and computer-related media.  A forensic examination of Jaramillo’s computer recovered approximately 255 images and videos consistent with child pornography.     

On May 21, 2014, Jaramillo was indicted and charged with receipt of child pornography and possession of child pornography.  The indictment alleged that Jaramillo received and possessed child pornography from June 2013 to March 2014 in Bernalillo County, N.M.  Jaramillo pled guilty to the indictment on Sept. 22, 2014, without the benefit of a plea agreement.

This case was investigated by the Albuquerque office of HSI, the New Mexico State Police, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department.

The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard 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 NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Richard Allen Buckner, 23, of Farmington, N.M., was sentenced today in federal court in Albuquerque, N.M., to 24 months in federal prison for his bank robbery conviction.  Buckner will be on supervised release for three years following his incarceration.

Buckner was arrested on March 20, 2015, on a criminal complaint alleging that he robbed the First Convenience Bank- East Banking Center located in the Walmart store located at 4600 East Main Street in Farmington on March 18, 2015.  According to the complaint, a man later identified as Buckner approached a bank teller with a handwritten note demanding cash.  After obtaining cash from the bank teller, Buckner left in a vehicle.  Thereafter two witnesses contacted the Farmington Police Department and identified Buckner as the bank robber after viewing surveillance photographs.  The investigation revealed that Buckner used part of the money from the bank robbery to make a down payment on a vehicle.

Buckner was subsequently indicted on a bank robbery charge on April 14, 2015.  On Sept. 1, 2015, Buckner entered a guilty plea to the indictment without the benefit of a plea agreement.

This case was investigated by the Farmington office of the FBI and the Farmington Police Department.  Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.

ALBUQUERQUE – David Anaya Garcia, 32, of Las Cruces, N.M., pleaded guilty today in federal court to a federal child pornography charge.  At the time he committed the crime, Garcia was employed as a janitor in a Las Cruces elementary school.

Garcia was arrested in July 2015, on a criminal complaint charging him with distribution of child pornography and possession of child pornography.  According to the complaint, Homeland Security Investigations (HSI) initiated the federal investigation leading to Garcia’s arrest in June 2015, after the New Mexico Office of the Attorney General reported that an investigation by the New Mexico Internet Crimes Against Children (ICAC) Task Force revealed that an IP Address subscribed to Garcia’s residential address was being used to download child pornography.  The Las Cruces Police Department and HSI arrested Garcia and executed a federal search warrant at his residence on July 1, 2015.

Garcia was subsequently indicted on Sept. 16, 2015, and charged with distributing child pornography on March 26, 2015, receiving child pornography from March 2015 through April 2015, and possessing child pornography on July 1, 2015.  All offenses charged in the indictment occurred in Doña Ana County, N.M.

During today’s proceedings, Garcia pled guilty to receipt and distribution of child pornography and admitted that between March 12, 2015 and April 30, 2015, he distributed child pornography through file-sharing software that allowed others to download the images and videos he saved to a shared folder.  Garcia further admitted that on July 2, 2015, agents from HSI executed a search warrant on his home where they seized an HP Pavilion laptop containing five images and 88 videos depicting child pornography and a thumb-drive containing 56 images and 55 videos depicting child pornography.

At sentencing, Garcia faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in federal prison followed by not less than five years of supervised release. Garcia will also be required to register as a sex offender. 

This case was investigated by the Las Cruces office of HSI, the Las Cruces Police Department, the New Mexico Office of the Attorney General, the New Mexico ICAC Task Force and the New Mexico Regional Computer Forensic Laboratory.  The case is being prosecuted by Assistant U.S. Attorney Alexander 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 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 NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Elias Atencio, 38, of Albuquerque, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 22 years in prison followed by three years of supervised release for his conviction on firearms charges.  The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Patrick Gallagher of the Santa Fe Police Department.

U.S. Attorney Damon P. Martinez said that Atencio was 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 primarily based on their prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ATF Special Agent in Charge Thomas G. Atteberry stated, “No greater priority exists in our enforcement efforts than taking an armed career criminal off the streets.  We will continue to aggressively support the U.S. Attorney’s violent crime initiative targeting the ‘worst of the worst’ offenders.”
 “The City of Santa Fe is better for getting this hardened career criminal off our streets.  He was a serious threat to not only the innocent cashiers behind the counters, but also customers who walked into the stores,” said Santa Fe Police Chief Patrick Gallagher.  “Atencio’s litany of dangerous felonies range from armed robbery, burglary and assault with a deadly weapon and show that he wasn’t afraid to put others in danger to get his way.  This conviction locks away that threat for a very long time and sends a message to other criminals that law enforcement agencies are working together to stop lawbreakers threatening our residents.”

Atencio was charged in March 2013, in a three-count indictment with being a felon in possession of a firearm and ammunition; committing commercial robbery in violation of the Hobbs Act; and brandishing a firearm during a crime of violence.  According to the indictment, Atencio committed the three offenses on Feb. 23, 2012, in Santa Fe County, N.M.  At the time, Atencio was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including armed robbery, forgery, aggravated assault with a deadly weapon, and burglary.

On Aug. 6, 2014, Atencio entered guilty pleas to the two firearms offenses charged in Counts 1 and 3 of the indictment.  In his plea agreement, Atencio admitted that on Feb. 23, 2012, he unlawfully possessed a .45 caliber semiautomatic pistol.  Atencio admitted brandishing the firearm when he robbed the Walgreens store located at 1096 St. Francis Drive in Santa Fe, N.M.  Atencio was arrested in this case in April 2013, after he was transferred to federal custody from state custody. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Santa Fe Police Department with assistance from the 1st Judicial District Attorney’s Office.  Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.

ALBUQUERQUE – Victor Sanchez, Jr., 45, of Albuquerque, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 60 months in prison followed by four years of supervised release for his heroin trafficking conviction. 

On May 28, 2015, Sanchez pled guilty to a felony information charging him with possession of heroin with intent to distribute.  In entering the guilty plea, Sanchez admitted that on Oct. 28, 2013, deputies of the Bernalillo County Sheriff’s Office executed a search warrant at his residence where they seized approximately 240 grams of heroin.  Sanchez further admitted that when deputies arrived at his residence, he attempted to flush the heroin down a toilet but deputies entered the bathroom before he could do so.

This case was investigated by the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Emery Vallo, Sr., 60, a member and resident of Acoma, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 15 years in federal prison for his child sexual abuse conviction.  Vallo will be on supervised released for five years following his release from prison.  He also will be required to register as a sex offender.

Vallo was arrested on Oct. 23, 2015, on an indictment alleging that he sexually abused the child victim from May 1, 2002 through Sept. 1, 2003, and attempted to sexually abuse the child victim from March 1, 2007 through Sept. 1 2007.  The charges alleged in the indictment took place in Indian Country in Cibola County, N.M.

On Nov. 6, 2015, Vallo entered a guilty plea to an aggravated sexual abuse charge.  In entering his guilty plea, Vallo admitted sexually molesting a child on two separate occasions between May 2002 and Sept. 2003.  He also admitted attempting to sexually molest the same child between March 2007 and Sept. 2007.  Vallo also acknowledged sexually molesting a five-year-old child approximately 40 years ago when he was 18 years old.  Although the statute of limitations has long since lapsed on that crime, Vallo acknowledged the crime to provide solace to the victim who is still affected by the incident. 

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

ALBUQUERQUE – Officials from the U.S. Department of Justice, Bernalillo County Commission and University of New Mexico Health Sciences Center will meet with the media at 11:00 A.M. on TUESDAY, FEBRUARY 9, 2016, to discuss ongoing efforts to educate New Mexico’s youth and young adults about the perils of heroin and prescription drug abuse.  They will be joined by community stakeholders.

WHO: 

U.S. Attorney Damon P. Martinez

Bernalillo County Commissioner Maggie Hart Stebbins

Special Agent in Charge Terry Wade, FBI Albuquerque Division

Assistant Special Agent in Charge Sean R. Waite, DEA Albuquerque District Office

Dr. Joanna G. Katzman, Director, UNM Pain Center

Michel Disco, Assistant Dean for External Programs, UNM College of Pharmacy

Ryan P. Cangiolosi, Senior Strategic Advisor & Director of Strategic   Communications at the UNM Health Sciences Center

WHEN:

TUESDAY, FEBRUARY 9, 2016, 11:00 a.m.

WHERE:      

U.S. Attorney’s Office of the District of New Mexico

201 Third Street NW

10th Floor Multi-Media Room (Reception on Ninth Floor)

Albuquerque, NM 87102

OPEN PRESS

This dialogue with the media, which is presented by the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative, will begin at 11:00 a.m.  It will follow the 10:00 a.m. screening of Chasing the Dragon: The Life of an Opiate Addict, a 45-minute documentary film unveiled last week by the FBI and DEA which is aimed at educating students and young adults about the dangers of addiction.  The documentary profiles the stories of several people who either abused opiates or had family members become addicts, and looks at the tragic consequences associated with opioid abuse.  The documentary, which is intended to reach students and young adults before they become addicted, may be viewed at https://www.fbi.gov/news/stories/2016/february/raising-awareness-of-opioid-addiction.  Note:  the documentary includes profanity which has been muted on the version available at this link.

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 is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  This dialogue is part of the prevention and education component of the HOPE Initiative.

NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials.  Media may begin to arrive at 10:45 a.m. MDT. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or alyssa.ferda@usdoj.gov.

ALBUQUERQUE – Juan Pena, 72, an enrolled member of the San Ildefonso Pueblo who resides in Santa Fe, N.M., pleaded guilty today in federal court to a child sexual abuse charge.  The guilty plea was entered without the benefit of a plea agreement. 

Pena was arrested on Aug. 19, 2015, on an indictment charging him with abusive sexual contact of a minor between the ages of 12 and 16 on May 25, 2015, in Indian Country in Santa Fe County, N.M.

During today’s proceedings, Pena pled guilty to the indictment and admitted that on May 25, 2015, he engaged in sexual contact with the victim who was between the ages of 12 and 16 with intent to abuse, humiliate, harass and degrade the victim.

Pena was remanded into federal custody after entering his guilty plea and will be detained pending his sentencing hearing which has yet to be scheduled.  Pena faces a maximum statutory penalty of two years in prison and will be required to register as a sex offender.

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

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

ALBUQUERQUE – Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to a methamphetamine distribution charge under a plea agreement with the U.S. Attorney’s Office.

Rice 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.

Rice was arrested on Dec. 29, 2015, on a criminal complaint charging him with distribution of methamphetamine on March 25, 2015, in Otero County, N.M.  According to the complaint, on March 25, 2015, Rice sold approximately one gram of methamphetamine to undercover law enforcement agents in Mescalero.

During today’s proceedings, Rice pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and admitted that on March 25, 2015, he sold .75 grams of pure methamphetamine to an individual who, unbeknownst to him, was an undercover law enforcement agent for $100.00.

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

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.

ALBUQUERQUE – Amber Hilton, 33, of Rio Rancho, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 24 months in federal prison followed by one year of supervised release for her aggravated identity theft conviction.  Hilton was also ordered to pay $5,260.86 in restitution to the U.S. Postal Service.

Hilton was indicted on Nov. 5, 2014, and charged with possession of a counterfeit U.S. Postal Service key to a lock box for the purpose of mail theft on Oct. 14, 2014, in Sandoval County, N.M., attempted use of a Home Depot credit card on Sept. 26, 2014, in Bernalillo County, N.M., and identity theft on Sept. 26, 2014, in Bernalillo County.

The indictment was superseded on Feb. 25, 2015, and charged Hilton with attempt to defraud Wells Fargo Bank by attempting to cash two checks which had been altered to reflect a stolen identity on Sept. 7, 2014, in Bernalillo County, identity theft on Sept. 7, 2014, in Bernalillo County, attempted use of a Best Buy credit card on Sept. 24, 2014, in Doña Ana County, N.M., attempted use of a Home Depot credit card on Sept. 25, 2014, in Sandoval County, N.M., attempted use of a Home Depot credit card on Sept. 26, 2014, in Bernalillo County, aggravated identity theft on Sept. 26, 2014, in Bernalillo County and possession of a counterfeit U.S. Postal Service key to a lock box for the purpose of mail theft on Oct. 14, 2014, in Sandoval County.

On Aug. 7, 2015, Hilton pled guilty to aggravated identity theft and admitted that on Oct. 10, 2014, in Bernalillo County, she attempted to use a Home Depot credit card and attempted to obtain more than $1,000.00 with the credit card.  Hilton further admitted that she possessed identification of another person in relation to the attempted credit card fraud.

This case was investigated by the U.S. Postal Inspection Service.  Assistant U.S. Attorney Norman Cairns prosecuted the case.

ALBUQUERQUE – Leon Herrera, 37, of Las Vegas, N.M., was sentenced today in federal court in Albuquerque, N.M., to a year of probation for falsely impersonating a federal officer.  Herrera was also ordered to perform 250 hours of community service.

On Oct. 16, 2015, Herrera entered his guilty plea to a felony information charging him with impersonating a Special Agent of the DEA on Dec. 15, 2014, in Colfax County, N.M.  In his plea agreement, Herrera admitted that he committed the crime at the behest of a friend who was then employed as a deputy sheriff in Colfax County (friend).

According to Herrera’s plea agreement, on Dec. 15, 2014, Herrera received a call from his friend while the friend was conducting a traffic stop on motorists he believed to be drug traffickers.  The friend reported to Herrera that he found approximately $8,000.00 cash in the motorists’ vehicle.  The friend then asked Herrera to speak with one of the motorists and tell him that he was a DEA Special Agent and intended to seize the currency as proceeds of criminal activity.  Herrera acquiesced to his friend’s request and had a conversation with one of the motorists during which he falsely identified himself as a representative of the DEA and would be seizing the money for law enforcement purposes.  The plea agreement states that the friend told him that he intended to keep the currency for his personal use, and offered to give $1,000.00 to Herrera for assisting him. 

In his plea agreement, Herrera acknowledges that he later learned that the motorists were undercover law enforcement officers and that the currency seized from their vehicle, $7,500.00, belonged to the FBI.

This case was investigated by the Santa Fe and Albuquerque offices of the FBI and the New Mexico State Police.  Assistant U.S. Attorney Sean J. Sullivan prosecuted the case.