District of New Mexico

ALBUQUERQUE – James Barela, 41, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to a year and a day in prison followed by three years of supervised release for participating in a conspiracy to distribute Buprenorphine, more commonly known as “Suboxone,” in violation of the federal narcotics laws.

Barela was arrested on March 12, 2015, on an indictment charging him and co-defendant Edward Owens, 21, also of Santa Fe, with conspiracy and possession of Suboxone with intent to distribute.  According to the indictment, Barela and Owens committed these crimes between Aug. 6, 2014 and Aug. 12, 2014, in Santa Fe County, N.M.  During the period charged in the indictment, Owens was employed as a corrections officer at the Santa Fe County Adult Correctional Facility.

On June 10, 2015, Barela pled guilty to Count 1 of the indictment, charging him with participating in a Suboxone trafficking conspiracy.  In entering the guilty plea, Barela admitted that from Aug. 4, 2014 through Aug. 12, 2014, while he was incarcerated in a correctional facility in Santa Fe County, he conspired with Owens to distribute Suboxone to inmates in the correctional facility.

Owens has entered a plea of not guilty to the indictment.  He is currently scheduled for trial on Dec. 7, 2015.  Charges in indictments are merely accusations, and defendants are presumed innocent unless proven guilty.

This case was investigated by the Albuquerque office of the FBI, the Santa Fe County Sheriff’s Office, and the Santa Fe Corrections Department with assistance from the First Judicial District Attorney’s Office.

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

ALBUQUERQUE – Allie P. Sarracino, 26, an enrolled member of the Laguna Pueblo who resides in Casa Blanca, N.M., was sentenced this afternoon in Santa Fe, N.M., to one year in prison followed by one year of supervised release for her misdemeanor assault conviction.

Sarracino was arrested on Dec. 8, 2014, on a criminal complaint charging her with assaulting an intimate partner by strangulation.  According to the complaint, on Dec. 4, 2014, the Pueblo of Laguna Tribal Police Department responded to a report of assault on Laguna Pueblo in Cibola County, N.M.  The complaint stated that Sarracino assaulted the victim, a Laguna woman, by striking her in the face and strangling her.  Sarracino was subsequently indicted on Jan. 8, 2015, and charged with assaulting an intimate partner by strangulation.

On June 15, 2015, Sarracino entered a guilty plea to a misdemeanor information and admitted assaulting the victim by using her hands to strike the victim’s face.  Sarracino also admitted holding the victim down by pressing on her shoulders and neck area.  As a result of the assault, the victim suffered bruises, contusions and other wounds on her face and head.

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department.  Assistant U.S. Attorney Linda Mott 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 – A federal jury sitting in Albuquerque, N.M., returned a verdict this morning finding Kevin Folse, 30, guilty on carjacking and firearms charges after a four-day trial.  The verdict was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).

In announcing the verdict, U.S. Attorney Martinez noted that the prosecution of Folse was part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  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.

Folse initially was charged in this case on July 6, 2015, by criminal complaint with being a felon in possession of a firearm and ammunition.  At the time, Folse was prohibited from possessing firearms or ammunition because he previously had been convicted for receiving or transferring a stolen vehicle, marijuana trafficking, aggravated battery with a deadly weapon, and being a felon in possession of a firearm.

On July 14, 2015, Folse was indicted and charged with being a felon in possession of a firearm, carjacking and brandishing a firearm during a crime of violence.  The indictment alleged that Folse committed the three crimes on July 2, 2015, in Bernalillo County, N.M.  A superseding indictment was filed on Sept. 10, 2015, charging Folse with a second carjacking on July 2, 2015, and with using a firearm to commit that crime.  This second firearms charge was subsequently dismissed on the United States’ motion.

The superseding indictment also added Albuquerque resident Angela Murray, 34, as a new defendant, charging her with aiding and abetting Folse in committing the first carjacking.  On Sept. 29, 2015, the court granted Murray’s motion to be tried separately from Folse.

At the time federal charges were filed against Folse and Murray, both were being held in state custody on related state charges which were later dismissed in favor of federal prosecution.

Trial of Folse on the superseding indictment began on Oct. 5, 2015, and concluded this morning when the jury returned a guilty verdict against Folse on the four charges against him.  The evidence at trial established that Folse committed the first carjacking around 11:00 a.m. on July 2, 2015, in an effort to evade APD officers who were trying to locate him as part of a stolen vehicle investigation.  Earlier that morning, while APD officers were conducting surveillance on a house in which they believed Folse to be staying, they caught the attention of a man who was in the house  and asked him to open the front door.

When the man went to the door, he encountered Folse, who was in the house without the man’s knowledge.  Folse, who was armed with a gun and a knife, forced the man into a room where he was holding several others hostage with assistance from Murray.  During the hostage situation, Folse threatened to stab one hostage and struck another on the head with a glass object that shattered.  When the man did not open the door and without definitive information as to whether Folse was in the house, the officers retreated from the area immediately around the house.

Around 11:00 a.m., Folse and Murray left the house.  Folse forced the man and another hostage to accompany him and Murray as they left the area in the man’s car.  APD officers responded to the scene as Folse aggressively drove away at a high rate of speed with Murray and the two hostages in the car.  While driving, Folse threw a gun out of the window.  Thereafter Folse lost control of the car and crashed as he tried to negotiate a curve at a high rate of speed in a residential neighborhood.  The car rolled and landed on its roof.  Folse and Murray fled from the car leaving their two hostages behind.  APD officers were able to arrest Murray shortly thereafter while another officer went on a foot chase after Folse.

Five minutes after the crash, Folse approached a car that was warming up in the driveway of a house.  There was no driver in the car but a 13-year-old boy was in the passenger seat.  Folse threatened the boy telling him that he had three seconds to get out of the car.  The boy immediately complied by jumping out of the car, and was struck by the car door as Folse backed out of the driveway to make his escape.  Once again Folse drove off aggressively and at a high rate of speed, and APD officers who were in pursuit had to end their pursuit of Folse so as not to endanger other motorists.  

Folse was arrested in the late night hours of July 3, 2015, by officers of the Isleta Pueblo Tribal Police Department.

The jury deliberated approximately four hours before returning its guilty verdict.

“On July 2nd, Folse went on a day-long violent crime spree during which he terrorized a group of hostages at one residence and a teenager at another, and also endangered countless other individuals as he tried to evade arrest.  Today’s jury verdict holds Folse accountable for those crimes and validates the efforts of the ATF agents, APD officers, Isleta police officers and federal and state prosecutors who collaborated with each other to ensure that this “worst of worst” offender will no longer menace our community” said U.S. Attorney Damon P. Martinez.  “Throughout New Mexico, federal, state, local and tribal law enforcement officers and prosecutors are working together to make our communities safer places for all of us to live, work and raise our families.  The U.S. Attorney’s Office is proud to be part of this tremendous effort.”

“We greatly appreciate the hard work, effort and dedication of the U.S. Attorney’s Office in prosecuting this case,” said 2nd Judicial District Attorney Kari E. Brandenburg.  “This jury verdict is a substantial win for all partnering agencies and for the community we represent.  It truly is another excellent example of the effectiveness of the Worst of the Worse Anti-Violence Initiative, and the positive impact these collaborative efforts have.”

“Taking violent criminals off the streets and putting them behind bars has always been a focus of ATF and our enforcement mission in New Mexico,” said ATF Special Agent in Charge Thomas G. Atteberry.  “I commend the agents and officers who repeatedly risked their lives to remove these violent offenders from our communities. I also wish to recognize the leadership of U.S. Attorney Damon P. Martinez and his office in their relentless prosecution of these violent offenders.”

APD Chief Gorden Eden, Jr., added, “Kevin Folse has terrorized the people of Albuquerque for years as a violent repeat offender who has continuously made his way back onto the streets of Albuquerque.  The Albuquerque Police Department is very grateful for the unwavering support of the U.S. Attorney’s Office and ATF for bringing federal charges against violent career criminals like Folse.  This verdict ensures that Folse will no longer be able to victimize the innocent people in Albuquerque.”

Folse remains in federal custody pending a sentencing hearing which has yet to be scheduled.  At sentencing, Folse faces a statutory maximum penalty of ten years in prison for unlawfully possessing a firearm and ammunition and ten years in prison on each of the carjacking charges.  Folse faces a statutory mandatory minimum of seven years and a maximum of life in prison for brandishing a firearm during a crime of violence.  The sentence on the brandishing charge must be served consecutive to the sentence imposed on the other three charges.

Co-defendant Murray has entered a not guilty plea and remains in custody pending a trial which has yet to be scheduled.  If convicted for aiding and abetting Folse in committing the first carjacking offense, she faces a statutory maximum penalty of ten years in prison.  Charges in indictments are mere accusations and defendants are presumed innocent unless found guilty in a court of law.

 This case was investigated by the ATF office in Albuquerque and APD with assistance from the Isleta Pueblo Tribal Police Department and the Second Judicial District Attorney’s Office.  Assistant U.S. Attorneys Samuel A. Hurtado and William J. Pflugrath are prosecuting the case.

ALBUQUERQUE – Curtis Murray, Sr., 52, of Albuquerque, N.M., and Yvonne Anaya, 40, of Bloomfield, N.M., were sentenced today in federal court in Albuquerque, N.M., for their involvement in a Feb. 2014, drug trafficking conspiracy.  Murray was sentenced to 33 months in prison followed by six years of supervised release.  Yvonne Anaya was sentenced 48 months in prison followed by one year of supervised release.

Murray and Yvonne Anaya are two of 29 individuals charged with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico.  The investigation culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force.  Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.

The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya, 31, of Farmington, N.M., that distributed quantities of methamphetamine throughout San Juan County, N.M., and expanded to include other drug trafficking activity in the area.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

Thirteen of the defendants, including ringleader Isaac Anaya were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013.  The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints.  During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms.  The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield.  It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence.  Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.

On Feb. 26, 2015, Murray pled guilty to conspiracy to distribute methamphetamine and admitted that from May 28, 2013 through Sept. 25, 2013, he conspired with others to distribute methamphetamine in San Juan County.  Murray further admitted that he worked as a distributor of methamphetamine on behalf of Isaac Anaya

On March 13, 2015, Yvonne Anaya pled guilty to the use of a telephone to facilitate a drug trafficking crime and admitted to contacting Isaac Anaya on multiple occasions regarding drug trafficking activities and the possibility that Isaac Anaya was being investigated by law enforcement.

The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department.  Assistant U.S. Attorney Reeve L. Swainston is prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.

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

ALBUQUERQUE – Kenneth Colby Miller, 31, of Alamogordo, N.M., was sentenced today in federal court in Las Cruces, N.M., to 30 months in prison followed by three years of supervised release for violating the federal firearms laws by possessing an unregistered firearm.

Miller was arrested on April 30, 2015, on a criminal complaint charging him with possession of an unregistered firearm.  According to the complaint, on Dec. 3, 2014, an officer with the Roswell Police Department conducted a routine traffic stop on Miller’s vehicle in Chaves County, N.M.  After conducting a consensual search of Miller’s vehicle, the officer recovered a single shot “sawed-off” shotgun with no visible serial number or manufacturers markings.  After further investigation, Miller’s background also revealed that he had been convicted twice of unlawful taking of a motor vehicle and reckless driving.

On July 1, 2015, Miller pled guilty to a felony information charging him with possession of an unregistered firearm.  In entering the guilty plea, Miller admitted that on Dec. 3, 2014, he possessed a sawed-off 20 gauge shotgun which did not have a serial number and was not registered to him in the National Firearms Registration and Transfer Record.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department.  Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Milton Washburn, 30, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 46 months in prison followed by three years of supervised release for his assault conviction.

Washburn was arrested on Oct. 23, 2014, on a criminal complaint charging him with assaulting another Navajo man on Oct. 19, 2014, by running over him with a vehicle.  Court filings reflect that officers of the Navajo Nation Division of Public Safety responded to a call reporting that the victim had been deliberately run over by a vehicle and was seriously injured.  The victim was taken to the hospital where he received medical treatment for a number of internal injuries, including rib fractures, a collapsed lung, a damaged liver, and a spinal fracture.

On Nov. 5, 2014, Washburn was indicted and charged with assault with a dangerous weapon - a vehicle - and assault resulting in serious bodily injury.  According to the indictment, Washburn committed these crimes within the Navajo Indian Reservation in San Juan County, N.M.

On April 27, 2015, Washburn pled guilty to one count of the indictment, assault resulting in serious bodily injury, and admitted that on Oct. 19, 2014, he ran over the victim with a vehicle after he engaged in an altercation with the victim.   Washburn acknowledged that the victim suffered multiple injuries as a result of the assault.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI.  Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Ramirez prosecuted the case.

ALBUQUERQUE – John Jesse Perez, Jr., 46, of Clovis N.M., was sentenced today in Albuquerque, N.M., to 36 months in prison for his methamphetamine trafficking conviction, and to 24 months for violating his supervised release on an earlier conviction.  Because 10 months of the 24 month sentence must be served consecutive to his 36 month sentence with the remaining 14 months to be served concurrently, Perez was sentenced to a total of 46 months in prison.  Perez will be on supervised release for five years after completing his prison sentence.

Perez and his three co-defendants, Christopher Jason Kidd, 38, and Tina Tafoya, 33, of Clovis, and Jeanette Driever, 38, of Grady, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges.  Count 1 of the three-count indictment charged the four defendants with conspiring to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013.  Count 2 charged Kidd and Tafoya with possession of methamphetamine with intent to distribute on Nov. 6, 2013.  Count 3 charged Driever and Perez with possession of methamphetamine with intent to distribute also on Nov. 6, 2013.

Perez and Driever entered guilty pleas to federal drug trafficking charges on Nov. 20, 2014.  Each pled guilty to participating in a conspiracy to distribute methamphetamine in Curry County.  Perez acknowledged participating in a methamphetamine trafficking conspiracy that involved Driever, Kidd, Tafoya and others.  Driever admitted that she and Perez obtained quantities of methamphetamine from Kidd and Tafoya and then distributed the methamphetamine to others.

Tafoya entered a guilty plea on Dec. 17, 2014, and admitted conspiring with Kidd, Driever and Perez to distribute methamphetamine in Curry County in fall of 2013.  Kidd entered a guilty plea on Nov. 17, 2014, and admitted that he conspired with his co-defendants to distribute methamphetamine in Curry County.  More specifically Kidd admitted that he and Tafoya supplied quantities of methamphetamine to others, including Driever and Perez, who resold the methamphetamine in smaller quantities to users.  According to Kidd’s plea agreement, on Nov. 9, 2013, Kidd and Tafoya supplied a pound of methamphetamine to Driever and Perez.  On that day, Kidd and Tafoya possessed another half-pound of methamphetamine at their residence.  The methamphetamine was seized later that day pursuant to search warrants.

Kidd was sentenced on June 16, 2015, to 78 months in prison followed by five years of supervised release.  Tafoya was sentenced on July 23, 2015, to 78 months in prison followed by five years of supervised release.  Driever was sentenced on Aug. 26, 2015 to 60 months in prison followed by five years of supervised release.

This case was investigated by the Roswell Agency Office of the FBI’s Albuquerque Division, the Region V Drug Task Force and the New Mexico State Police, with assistance from the Ninth Judicial District Attorney’s Office.  The Region V Drug Task Force is comprised of the Clovis Police Department, the Portales Police Department, Curry County Sheriff’s Office and the Roosevelt County Sheriff’s Office.  Assistant U.S. Attorney Nicholas Jon Ganjei prosecuted the case.

ALBUQUERQUE – Michael Asa Boyd, 40, of Albuquerque, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison followed by four years of supervised release for trafficking methamphetamine in Lea County, N.M.

Boyd was arrested in Hobbs, N.M., on Feb. 20, 2015, after law enforcement officers seized 174 grams of methamphetamine, 110 grams of marijuana, 70 grams of heroin, drug paraphernalia and a handgun from the vehicle Boyd was driving.

On April 27, 2015, Boyd pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering his guilty plea, Boyd admitted that on Feb. 20, 2015, officers found 174 grams of methamphetamine, 70 grams of heroin and a firearm in the rental car he was driving.  Boyd also admitted that he intended to distribute the methamphetamine and heroin in Hobbs.

This case was investigated by the Las Cruces office of the DEA, the Lea County Drug Task Force and was prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.

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

The 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 – Anthony F. Romero, Jr., 37, of Albuquerque, N.M., pleaded guilty this morning in federal court to violating the Sex Offender Registration and Notification Act (SORNA).  The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.

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

Romero was arrested on May 26, 2015, on an indictment charging him with violating SORNA by failing to update his sex offender registration in Bernalillo County, N.M.

Today, Romero pled guilty to a felony information and admitted that his last registration as a sex offender was on Nov. 20, 2014, and that at the time of his arrest on May 26, 2015, he had not renewed nor attempted to renew his registration.

At sentencing, Romero faces a statutory maximum penalty of ten years in federal prison followed by a minimum of five years of supervised release.  Romero will also be required to register as a sex offender following his term of incarceration.  Romero remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.

ALBUQUERQUE – The U.S. District Court for the District of New Mexico has ruled that an Otero County resolution permitting the removal of trees from the Lincoln National Forest is unconstitutional because it violates the Supremacy Clause of the U.S. Constitution.  The court’s order also invalidated the New Mexico state statute upon which the Otero County resolution relied because it too violated the Supremacy Clause.

The lawsuit was filed in Feb. 2012, by the Justice Department on behalf of the Forest Service, an agency of the U.S. Department of Agriculture, against the State of New Mexico and the Otero County Commission.  At issue in the lawsuit was the alleged authority of the State and Otero County to assert control over federal lands without the consent of the federal government.

The state statute (N.M.S.A. § 4-36-11) was enacted in 2001 and purported to authorize counties to clear undergrowth and trees on National Forest System lands without the consent of the Forest Service.  In May 2011, the Otero County Commission passed the resolution claiming power to remove alleged fire hazards from federal lands within the County without first complying with federal law.  The County also announced plans to cut and remove trees from more than 60,000 acres of lands on the Lincoln National Forest, without approval from the Forest Service.

The lawsuit sought an order declaring that the New Mexico statute and Otero County resolution were preempted by federal law and thus were unconstitutional.  The court held that Congress possesses the sole authority to control federal lands under the U.S. Constitution’s Property Clause.  The court went on to find that the Otero County resolution and New Mexico statute are in “direct conflict” with federal law, including Forest Service regulations prohibiting the cutting and removal of trees on National Forest lands without Forest Service authorization.  It also held that the resolution and statute were inconsistent with several federal statutes by which Congress has delegated the authority to manage National Forests to the Forest Service – not the State or the County.

Assistant U.S. Attorney Ruth F. Keegan of the U.S. Attorney’s Office for the District of New Mexico and Senior Trial Attorney Andrew A. Smith of the Justice Department’s Environment and Natural Resources Division represented the United States in this litigation.  They were assisted by Assistant Regional Director Cassandra C. Currie of the U.S. Department of Agriculture, Office of General Counsel.

ALBUQUERQUE – Theresa Romero, 34, of Albuquerque, N.M., was sentenced this morning in federal court to three years of probation for her conviction on a theft of government property charge.  Romero also was ordered to pay $32,542.37 in restitution to the National Nuclear Security Administration, an agency of the U.S. Department of Energy that was the victim of Romero’s criminal conduct.

Romero pled guilty on July 1, 2015, to a felony information charging her with theft of government property.  The information charged Romero with embezzling money from the Department of Energy between Sept. 2010 and Aug. 2011.  At the time, Romero was employed as by Sandia National Laboratories (SNL) as an Administrative Assistant.  In entering her guilty plea, Romero admitted that from Sept. 30, 2010 through Aug. 8, 2011, she used a procurement card that was issued to her as an employee of SNL to make unauthorized purchases for herself.

This case was investigated by the Department of Energy, Office of Inspector General with assistance from SNL’s corporate investigations office.  Assistant U.S. Attorney Kimberly A. Brawley prosecuted the case.

ALBUQUERQUE – Timothy Lobley, 42, of Albuquerque, N.M., pleaded guilty this morning in federal court to violating the federal firearms laws.  Lobley entered the guilty plea without the benefit of a plea agreement.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.

Lobley was arrested on March 11, 2014, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition.  According to the complaint, on Oct. 25, 2013, Albuquerque Police Department (APD) officers responded to a shoplifting call at a Family Dollar Store located on Central Ave. NW in Albuquerque.  Upon arrival, officers were notified that Lobley and another person were still inside the store and appeared to have a weapon concealed in a black duffle bag.  The complaint alleges that the APD officers found that Lobley had concealed two shirts under his clothes and had a rifle and more store merchandise inside the black duffle bag.

Lobley subsequently was indicted on March 26, 2014, and charged with being a felon in possession of a firearm and ammunition on Oct. 25, 2013, in Bernalillo County, N.M.  At the time, Lobley was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including two counts of auto burglary, residential burglary, felony shoplifting, cocaine possession, commercial burglary, criminal sexual penetration and kidnapping.

During today’s proceedings, Lobley pled guilty to the indictment.  At sentencing, Lobley faces a statutory maximum penalty of ten years in federal prison.  If the court determines that Lobley is an armed career criminal, he faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment.  Lobley has been in federal custody since his arrest.  He remains in federal custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated 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 Louis Valencia is prosecuting the case.

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

ALBUQUERQUE – As part of the Obama Administration’s commitment to improving public safety and building stronger communities, Attorney General Loretta E. Lynch, Deputy Attorney General Sally Quillian Yates and other Justice Department officials will convene a Summit on Violent Crime on WEDNESDAY, OCTOBER 7, 2015. 

The summit will provide an opportunity for participants to identify and examine effective violent crime reduction strategies that have contributed to the historic decline of crime and violence, understand the nature and potential causes of recent upticks in violence in some jurisdictions, including identifying any commonalities, discuss collaborative efforts to tackle violent crime and explore potential Department of Justice resources that could be used to assist in efforts to reduce crime.

Participants will engage in discussions with Attorney General Lynch; Deputy Attorney General Yates; the heads of the Office of Justice Programs, the Office of Community Oriented Policing Services, the FBI, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service; U.S. Attorneys from participating jurisdictions, including New Mexico U.S. Attorney Damon P. Martinez, and other senior Obama Administration officials.

WHAT: Department of Justice Summit on Violent Crime

WHO: Attorney General Loretta E. Lynch

Deputy Attorney General Sally Quillian Yates

New Mexico U.S. Attorney Damon P. Martinez

WHEN: WEDNESDAY, OCTOBER 7, 2015.  3:15 p.m. EDT/1:15 p.m. MDT

WHERE: Washington Plaza Hotel

10 Thomas Circle, NW

Washington, D.C. 20005

                        OPEN TO CREDENTIALED MEDIA

NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials.  Press inquiries and RSVPs should be directed to press@usdoj.gov.  Additional media logistics will be available in the coming days.

ALBUQUERQUE – Christopher Mathuren, 39, of Rio Rancho, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 120 months in prison followed by three years of supervised release for his methamphetamine trafficking and firearms convictions.

The sentence was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Michael Geier of the Rio Rancho Police Department.

Mathuren, whose prior criminal history includes convictions for possession of marijuana with intent to distribute, possession of methamphetamine, and possession of methamphetamine with intent to distribute, is prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  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 Sandoval County, under this initiative.

Mathuren was arrested on Oct. 28, 2014, on a three-count indictment charging him with being a felon in possession of firearms and ammunition; possession of methamphetamine with intent to distribute; and using and carrying a firearm in furtherance of a drug trafficking crime.  According to the indictment, Mathuren committed the three offenses on July 22, 2014, in Sandoval County, N.M.  The indictment was superseded on Dec. 16, 2014, to add two additional charges of being a felon in possession of firearms and ammunition on Oct. 28, 2014 – the date on which Mathuren was arrested on the original indictment.

On June 17, 2015, Mathuren pled guilty to Counts 2 and 3 of the indictment.   In entering the guilty plea, Mathuren admitted that on July 22, 2014, officers of the Rio Rancho Police Department executed a search warrant on his vehicle and seized approximately 30.3 grams of methamphetamine, drug paraphernalia, a pistol, rifle and ammunition.  Mathuren further admitted that the rear stalk of the rifle had been shortened and the pistol had been reported stolen.  Mathuren acknowledged that the firearms were “tools of the drug trafficking trade” and that he possessed them to assist him in his drug trafficking activities.

Mathuren previously was charged in July 2014, on related state charges.  The state charges were dismissed in favor of federal prosecution after Mathuren was arrested on the federal charges in this case.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rio Rancho Police Department with assistance from the 13th Judicial District Attorney’s Office.  Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case.

ALBUQUERQUE – Duane Day, 25, a member and resident of Laguna Pueblo, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 51 months in prison followed by three years of supervised release for his assault by strangulation and attempted manslaughter charges.

Day was arrested on May 22, 2014, on a criminal complaint charging him with attempted manslaughter, assault of an intimate partner by strangling, and child abuse.  According to the complaint, on May 12, 2014, in Laguna Pueblo within Cibola County, N.M., Day assaulted the victim, a Laguna Pueblo woman, by strangling her and causing her to lose consciousness. Day fled the scene of the assault with the victim’s two young children, an 11-month-old and a two-year-old, to a nearby mesa.  Court documents indicate that the victim suffered a severe stroke as a result of the strangulation which required her to undergo emergency brain surgery to relieve swelling and bleeding in the brain.

Day subsequently was indicted on June 11, 2014, and charged with (1) assaulting an intimate partner by strangling; (2) attempted manslaughter; and (3) endangering the lives and health of two children.

On March 11, 2015, Day pled guilty to Counts 1 and 2 of the indictment.  In entering his guilty plea, Day admitted that on May 12, 2014, he assaulted the victim by placing his knee on her neck and placing his hand over her mouth causing her to suffocate.  Day acknowledged that he attempted to kill the victim by impeding the victim’s breathing causing her to lose consciousness.

U.S. Attorney Damon P. Martinez commended the FBI, BIA and Pueblo of Laguna Tribal Police Department on their outstanding investigation of this case and also noted the invaluable work of the Victim Advocates who assisted the victim to reclaim her life as she recuperated from the life threatening injuries she sustained at the hands of her intimate partner.  “Victim Advocates play a critically important role in violent crime cases.  In addition to assisting victims to obtain the services they require to ease the impact of victimization and to assert their rights in the criminal justice system, they often speak on behalf of victims,” said U.S. Attorney Martinez.  “The Victim Advocates from the BIA, FBI, Laguna Pueblo and the U.S. Attorney’s Office did all that and more in this case.  In this case, the Victim Advocates helped the victim find her own voice so that she no longer views herself as a victim.  Today she is a survivor who is using her voice to help other women who are victims of domestic violence.”

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA Office of Justice Services, and the Pueblo of Laguna Tribal Police Department.  Assistant U.S. Attorney David Adams 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 – Michael Montoya, 37, of Clovis, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.  Under the terms of his plea agreement, Montoya will be sentenced within the range of 121 to 151 months in federal prison followed by a term of supervised release to be determined by the court.

Montoya and his co-defendants, Brian Acuna, 23, and Dianna Hernandez-Trujillo, 24, both of Clovis, N.M., and Alexander Page, 28, of Tucumcari, N.M., were arrested in Nov. 2013, on a six-count indictment charging them with trafficking methamphetamine in three New Mexico counties.  Count 1 charged Montoya and his co-defendants with conspiracy to distribute methamphetamine in Curry County, N.M., between Oct. 2007 and Nov. 2013.  Count 2 charged Montoya with possession of methamphetamine with intent to distribute on Oct. 11, 2011 in Curry County.  Count 3 charged Montoya and Acuna, and Hernandez-Trujillo with possession of methamphetamine with intent to distribute on March 27, 2012, in Cibola County.  Count 4 charged Montoya and Page with possession of methamphetamine with intent to distribute on Nov. 7, 2012, in Socorro County.  Count 5 charged Montoya with money laundering for purchasing a residence with money derived from a drug trafficking activity on Sept. 22, 2010.  Count 6 charged Acuna with using and carrying a firearm in relation to a drug trafficking crime on March 27, 2012, in Cibola County.

During today’s proceedings, Montoya pled guilty to Count1 of the indictment charging him with conspiracy to distribute methamphetamine and Count 5 charging him with money laundering.  In his plea agreement, Montoya admitted arranging for drivers to travel to California in vehicles he provided so that they could transport methamphetamine from his sources of supply.  Montoya then distributed the methamphetamine in New Mexico.  He also admitted being the owner of the 1.7 kilograms of methamphetamine seized from Acuna on March 27, 2012, and the 1.2 kilograms of methamphetamine seized from Page on Nov. 7, 2012, as well as providing the vehicles Acuna and Page were driving.

In entering his guilty plea, Montoya also admitted that on Sept. 22, 2010, he purchased a residence Clovis with proceeds from his ongoing narcotics activities.  He also admitted that drug trafficking proceeds were his only source of income from 2005 through 2011, and that he did not file federal income tax returns on that income during those years.

Montoya is in federal custody pending his sentencing hearing, which has yet to be scheduled.

On July 7, 2015, Page pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In his plea agreement, Page admitted that he was stopped for driving 85 miles per hour in a 35 mile per hour zone by a deputy of the Socorro County Sheriff’s Office on Nov. 7, 2012, while traveling near Socorro, N.M.  During a search of the vehicle driven by Page, the deputy found approximately 1259 grams of methamphetamine in a hidden compartment in the vehicle.  At the time, Page was transporting the methamphetamine to Clovis where the drugs were to be sold and where Page was to be paid for transporting the drugs.  His sentencing hearing is currently scheduled for Oct. 13, 2015.

Acuna pled guilty on June 26, 2014, to Counts 1 and 3 of the indictment, charging him with participation in a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute.  He also pled guilty to Count 6 of the indictment, charging him with using and carrying a firearm in relation to and in furtherance of a drug trafficking crime.  In entering his guilty plea, Acuna admitted that on March 27, 2012, he and a co-defendant were stopped by police while transporting methamphetamine from California to Clovis.  At the time of the stop, Acuna and the co-defendant knew that a large quantity of methamphetamine was concealed in a secret compartment in the vehicle and that additional methamphetamine was in a backpack in the vehicle.  Acuna also admitted that he had a revolver and ammunition in the vehicle for protection.

At sentencing, Acuna faces a mandatory minimum of 10 years to a maximum of life imprisonment on the methamphetamine trafficking charges.  On the gun charge, Acuna faces a mandatory minimum of five years in prison which must be served consecutive to any sentence imposed on the drug charges.  Acuna remains in federal custody pending his sentencing hearing, which has not yet been scheduled.

Hernandez-Trujillo has entered a not guilty plea to the indictment and is participating in a judicial pretrial diversion program.  Charges in indictments are merely accusation and defendants are presumed innocent unless found guilty in a court of law.

 This case was investigated by the Albuquerque office of the FBI and the Socorro County Sheriff’s Office.  Assistant U.S. Attorneys Sean J. Sullivan and Jennifer M. Rozzoni are prosecuting this case.

ALBUQUERQUE – Sabah Al-Washah, 48, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison followed by three years of supervised release for his conviction on “spice” trafficking.  Sabah Al-Washah is one of three men arrested in the District of New Mexico in May 2014, as part of Project Synergy Phase II, a nationwide investigative effort by the DEA, Customs and Border Protection, Homeland Security Investigations, FBI, IRS and other federal, state, and local partners.  Project Synergy Phase II targeted every level of the dangerous global synthetic designer drug market.  From Jan. 2014 through May 2014, nationwide enforcement operations took place targeting the drug trafficking organizations that have operated in communities across the country.

Sabah Al-Washah and his co-defendants, Iman Al-Washah, 25, and Amjad Al-Washah, 26, also of Albuquerque, were charged with “spice” trafficking charges in criminal complaints.  Sabah Al-Washah, the owner of Carlos’ Smoke Shop, was charged with conspiracy and aiding and abetting the distribution of a controlled substance analogue based on a sale of synthetic cannabinoid to an undercover officer at the smoke shop on Jan. 7, 2014.  Sabah Al-Washah also was charged with maintaining drug-involved premises. Amjad Al-Washah was charged with distribution of a controlled substance analogue based on his sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop at 806 Old Coors Drive SW in Albuquerque on Dec. 4, 2013.  Iman Al-Washah was charged with conspiracy and distribution of a controlled analogue based on his participation in the sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop on Jan. 7, 2014.

The three men subsequently were charged in a four-count indictment filed on May 21, 2014.  Count 1 charged the three men with conspiracy to distribute a controlled substance analogue from Dec. 4, 2013 through May 7, 2014.  Count 2 charged Sabah Al-Washah and Amjad Al-Washah with distributing a controlled substance analogue on Dec. 4, 2013.  Count 3 charged Sabah Al-Washah and Iman Al-Washah with distributing a controlled substance on Jan. 7, 2014, and Count 4 charged Sabah Al-Washah with maintaining a place, Carlos Smoke Shop, for the purpose of manufacturing, distributing, and using a controlled substance analogue.  The indictment also called for the forfeiture of multiple vehicles and cash obtained through the drug offenses charged in the indictment.

On April 28, 2015, Sabah Al-Washah pled guilty to Count 3 of the indictment and admitted that Iman Al-Washah and he sold 30 packets of “spice” to an undercover law enforcement officer.  In his plea agreement, Sabah Al-Washah agreed to forfeit a 2011 Cadillac, a 2012 Camaro, a 2013 Dodge Viper, a 2008 Lamborghini, a 2004 Dodge Viper, a 2005 Cadillac and a 2011 Camaro.

Amjad Al-Washah pled guilty on Feb. 11, 2015, to Count 2 of the indictment and admitted that on Dec. 4, 2013, he sold ten packets of “spice” to an undercover law enforcement officer for $200.00 at Carlos’ Smoke Shop.  At his sentencing hearing, which has not been scheduled, Amjad Al-Washah faces a statutory maximum penalty of 20 years in federal prison followed by a minimum of three years of supervised release.

Iman Al-Washah pled guilty on April 9, 2015, to Count 3 of the indictment, and admitted that he sold 30 packets of “spice” along with Sabah Al-Washah to an undercover law enforcement officer.  Iman Al- Washah was sentenced on July 23, 2015, to three years of probation.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Stephen R. Kotz.

The controlled substance analogues charged in the complaints and 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.

ALBUQUERQUE – Jose Rodriguez, 23, of Albuquerque, N.M., pleaded guilty today in federal court to violating the Hobbs Act and firearms laws by robbing eight businesses involved in interstate commerce at gunpoint.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.

Rodriguez was charged in March 2014, 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.

During today’s proceedings, Rodriguez entered a guilty plea 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.

 Under the terms of his plea agreement, Rodriguez will be sentenced to a prison term within the range of 36 to 60 months on Counts 1 through 8, the Hobbs Act charges, of the information, and to 84 months on Count 9, the firearms charge.  The 84 months must be served consecutive to the sentence imposed on the Hobbs Acts counts for a prison sentence of not less than 120 months and not more than 144 months.  Rodriguez has been in federal custody since his arrest and remains detained pending his sentencing hearing which has yet to be scheduled.

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

The case is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  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 – Arturo Dominguez Morales, 44, of Hobbs, N.M., pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.

Morales was arrested on June 30, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute, according to the complaint, on June 28, 2015, in Lea County, N.M., after agents of the Lea County Drug Task Force (LCDTF) seized approximately 233.6 grams of methamphetamine from Morales’s vehicle.

During today’s proceedings, Morales pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  Morales admitted that on June 28, 2015, LCDTF agents found 232 grams of methamphetamine in his vehicle at the Econo Lodge Motel in Hobbs, where Morales was delivering the methamphetamine to another individual.

At sentencing, Morales faces a statutory minimum of five years in federal prison and a maximum of 40 years followed by not less than four years of supervised release.  Morales has been in custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA and the 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 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 – The U.S. District Court for the District of New Mexico issued orders today dismissing a lawsuit filed by a drug addict against the United States and five DEA agents and supervisors.

Plaintiff Aaron Romero filed his lawsuit on July14, 2014, in which he alleged that undercover DEA agents wrongfully supplied him with cocaine base, more commonly known as crack, thus “reigniting” his previous addiction to crack.  Romero sought $8,500,000.00 in damages from the United States, the DEA agents and their supervisors.

In a 16-page opinion, the court dismissed Romero’s claims against the United States after finding that the law does not allow a person to recover when their own wrongful conduct was the cause of his or her injuries.  The court concluded that because Romero admitted that his own illegal use of drugs was the cause of his injuries, he could not hold others, including the United States, responsible for his injuries.

In a separate 36-page opinion, the court also dismissed claims that DEA agents intentionally targeted Romero to “stack” drug-related charges against him.   It also dismissed the claims against the agents’ supervisors.  The court ruled that Romero’s suit was barred by his acknowledgement that the government acted for a legitimate investigative purpose in fighting drug crime.

Assistant U.S. Attorneys Ruth F. Keegan and Karen F. Grohman represented the United States in this civil litigation.

romero_usa_order.pdf (85.2 KB) romero_judgment.pdf (43.46 KB) romero_agents_order.pdf (139.78 KB)

ALBUQUERQUE – Anthony J. Hamilton, 30, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assault charges.  Under the terms of his plea agreement, Hamilton will be sentenced to 41 months in prison followed by a term of supervised release to be determined by the court.

Hamilton was arrested on June 11, 2015, on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm and assault resulting in serious bodily injury in Indian Country.  Court documents indicate that on May 18, 2015, law enforcement officers were notified that Hamilton had allegedly assaulted two Navajo men and a Navajo woman in McKinley County, N.M.

During today’s proceedings, Hamilton pled guilty to a felony information charging him with two counts of assault resulting in serious bodily injury.  In entering the guilty plea, Hamilton admitted that on May 18, 2015, he repeatedly struck two victims on the face, head and body with his fists and elbows.  Hamilton further admitted that he caused an acute depressed fracture and a concussion to one victim and an acute bilateral fracture to the bones within the other victim’s orbital and sinus structures.

Hamilton remains detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Crownpoint office of the Navajo Nation Department of Public Safety and the Gallup office of the FBI and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Gregory Kyle Chavez, Jr., 28, a resident and member of San Felipe Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a federal assault charge.  Under the terms of his plea agreement, Chavez will be sentenced within the range of six to 14 months in prison followed by a term of supervised release to be determined by the court.

Chavez was arrested on July 6, 2015, on a criminal complaint charging him with assault resulting in substantial bodily injury to a two-year-old Kewa Pueblo child.  According to the complaint, on June 13, 2015, in Indian Country in Sandoval County, N.M., Chavez allegedly assaulted the child resulting in injuries to the child’s left facial and forehead area including dark bruising and swelling to the left eye, left cheek, right jaw and bruising on the neck.

During today’s plea hearing, Chavez pled guilty to an information charging him with assault resulting in substantial bodily injury.  He admitted that on June 13, 2015, within the Kewa Pueblo, he assault the 2-year-old child causing substantial bodily injury.

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

This case was investigated by the Southern Pueblos Agency of the BIA Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Sarah Mease.

ALBUQUERQUE – Jaime Juan Alvarado, 37, of Roswell, N.M., was sentenced this afternoon in federal court in Las Cruces, N.M., to 60 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.

Alvarado was arrested on Jan. 20, 2015, in Roswell after agents and officers from the DEA, Chaves County Metro Narcotics Task Force and the Lea County Drug Task Force executed a federal search warrant at his residence.  According to the criminal complaint, the law enforcement officers seized approximately 35.7 grams of methamphetamine, heroin, several safes and a digital scale when they executed the search.

 On March 25, 2015, Alvarado pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Alvarado admitted that on Jan. 20, 2015, in Chaves County, N.M., agents executed a federal search warrant on his residence and found methamphetamine in his kitchen which he planned to distribute to others.

This case was investigated by the Las Cruces office of the DEA, the Chaves County Metro Narcotics Task Force and the Lea County Drug Task Force.  Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted this case.

The Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  The 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.

The Chaves County Metro Narcotics Task Force and the Lea County Drug Task Force are 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.

The Justice Department today announced a settlement agreement with San Juan County, New Mexico, to improve access to all aspects of civic life for persons with disabilities.  The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).  In July 2015, the department celebrated the 25th anniversary of the ADA and the department’s PCA initiative has now resulted in over 200 agreements with cities, town and counties.  Today’s agreement will enhance access to all aspects of civic life for persons with disabilities in San Juan County.

The department’s PCA agreement with San Juan County requires the county to make physical modifications to county facilities to ensure that its parking, routes into buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to persons with disabilities.  San Juan County also agreed post, publish and distribute a notice on the provisions of the ADA and its applicability to the county’s programs, services and activities as well as provide information to interested persons with disabilities concerning the existence and location of the county’s accessible services, activities and programs.  Further, the county will also establish, implement, and post online a policy that the county’s web pages must be accessible and ensure that all of its new and modified pages are accessible.  Notably, this agreement also requires the county to ensure that the county’s official website and other web-based services conform to industry guidelines – the Web Content Accessibility Guidelines (WCAG) 2.0 – for making web content accessible.

“This summer we celebrated the 25th anniversary of the ADA and reflected on the great strides we all have made in making the country more accessible to persons with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “As we move into the next quarter century of civil rights for persons with disabilities, we know that there is still much to be done.  This agreement is one of many examples of the efforts the division is making with state and local government to ensure that their citizens with disabilities attain equal access to all of their programs, activities and services.”

For more information about the ADA, today’s agreement, the Project Civic Access initiative, individuals may access the ADA Web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

ALBUQUERQUE – Jorge Luis Garcia-Valenzuela, 22, a Mexican national illegally residing in Lakeside, Ariz., was sentenced this afternoon in federal court in Albuquerque, N.M., to 97 months in prison for conspiring to distribute methamphetamine in Socorro and Catron Counties, N.M.  Garcia-Valenzuela will be deported following his term of incarceration.

Garcia-Valenzuela and his co-defendant Emery Lee Begay, 32, of Lakeside, Ariz., were arrested on Oct. 25, 2014, after they traveled to Quemado, N.M., with the intention of selling methamphetamine and marijuana to undercover officers.  According to court records, on Aug. 19, 2013, Begay delivered 22.6 grams of methamphetamine and approximately three kilograms of marijuana to the undercover officers in Socorro, after Garcia-Valenzuela negotiated the drug deal with the officers.  On Oct. 25, 2014, Garcia-Valenzuela and Begay traveled to Quemado where they intended to consummate a drug deal with undercover officers and were arrested.  The officers seized 800 grams of methamphetamine and more than eight kilograms of marijuana when they arrested the two men.

Begay and Garcia-Valenzuela were indicted on Nov. 19, 2014, and charged with conspiracy to distribute methamphetamine and marijuana, distribution of methamphetamine and marijuana, and possession of methamphetamine and marijuana with intent to distribute.  According to the indictment, the offenses were committed between Aug. 19, 2014 and Oct. 25, 2014, in Socorro and Catron Counties.

Garcia-Valenzuela entered a guilty plea on June 19, 2015, to a felony information charging him with conspiracy to distribute and possess methamphetamine.

On May 21, 2015, Begay pled guilty to a felony information charging him with participation in a methamphetamine trafficking conspiracy.  Begay was sentenced on Aug. 20, 2015, to 60 months in prison followed by three years of supervised release.

This case was investigated by the Albuquerque and Gallup offices of the FBI, the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Ramah Navajo Tribal Police Department.  It was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – Forty-one individuals are facing drug trafficking charges as a result of an eight-month multi-agency investigation led by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office, the New Mexico State Police.  Twenty-one of the defendants charged are facing federal charges and the remaining 20 are facing state charges.

The results of the investigation were announced by U.S. Attorney Damon P. Martinez, Fifth Judicial District Attorney Dianna Luce, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, New Mexico State Police Chief Pete Kassetas, Chaves County Sheriff Britt Snyder and Roswell Police Chief Phil Smith.

The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, initially targeted a drug trafficking organization (DTO) allegedly led by Joseph Ray Mendiola, 34, of Roswell, that allegedly distributed methamphetamine in Chaves County.  It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County.  The OCDETF program 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.

Sixteen of the 21 defendants facing federal charges are charged in a 24-count indictment that was filed by a grand jury on Sept. 22, 2015.  The remaining five federal defendants are charged in criminal complaints.  Each of the 20 defendants facing state charges is charged by criminal complaint.

During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles.  During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles.  Five of the federal defendants, including alleged DTO leader Mendiola, were arrested on July 31, 2015, the date on which the officers executed the 14 federal search warrants.

U.S. Attorney Damon P. Martinez commended the investigating agencies on the outstanding results of their investigation and said, “The charges filed and drugs seized as a result of this investigation illustrate the success of our District’s federal, state, county and local law enforcement collaboration in rooting out drug traffickers operating in Chaves County and improving the quality of life for people who live there.”

“The months of collaboration of federal, state and local law enforcement agencies led to the arrest of numerous active drug traffickers in Chaves County,” said Fifth Judicial District Attorney Dianna Luce.  “The District Attorney's Office expresses a special thank you to the agents of the New Mexico State Police for their work on this operation.”

“This operation demonstrates how a team of federal, state and local law enforcement agencies, working closely with the U.S. Attorney’s Office, can make a big difference in the communities we serve and protect.  Dozens of special agents, state troopers, sheriff’s deputies, police officers, intelligence analysts and other professionals worked together to take some of the worst of the worst drug offenders off our streets,” said FBI Special Agent in Charge Carol K.O. Lee.  “The FBI and our partners will continue to go after drug-traffickers and others who try to harm our communities, regardless of where these criminals hide or how long it takes.”

“Today’s law enforcement activity in the Roswell area once again makes it abundantly clear that DEA and our law enforcement partners will use all of our investigative tools and resources to keep our smaller communities safe from drug trafficking organizations,” said DEA Special Agent in Charge Will R. Glaspy.  “Criminal activity that threatens the safety and well-being of our citizens will not be tolerated.”

“The citizens of New Mexico are safer today as the result of this cooperative effort between law enforcement agencies,” said New Mexico State Police Chief Pete Kassetas.  “The cooperation was outstanding and I cannot express my gratitude enough to all the agencies involved.  Together, we have made a difference in our state.  This operation reinforces to those that choose to break the law, that they will suffer the consequences.”

“Teamwork with our federal, state and local partners is how we got to today,” said Chaves County Sheriff Britt Snyder.  “I greatly appreciate that team effort.”

Roswell Police Chief Phil Smith said, "The investigation was a great collaborative effort between the Roswell Police Department and the FBI, successfully removing both drugs and their dealers/pushers from our Roswell community."

The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service.  The state cases were investigated by the New Mexico State Police In addition to the aforementioned agencies, the Pecos Valley Drug Task Force and Lea County Drug Task Force participated in today’s law enforcement operation.  Assistant U.S. Attorney Randy M. Castellano is prosecuting the federal cases, and the Fifth Judicial District Attorney’s Office is prosecuting the state cases.

The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

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 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.

Indictment in United States v. Mendiola, et al., 15-CR-3386-RB

Summary of the Charges

Count 1 of the Indictment charges 15 of the 16 defendants with conspiracy to distribute methamphetamine in Chaves County between June 2015 and July 2015.  For 11 of the federal defendants, the statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life.  For four defendants, the statutory penalty for a conviction on this count is not more than 20 years of imprisonment.

Count 2 charges three defendants with conspiracy to distribute cocaine in Chaves County in July 2015.  The statutory penalty for a conviction on this count is not more than 20 years of imprisonment.

Count 3 charges certain defendants with possession of methamphetamine with intent to distribute in Chaves County on July 17, 2015.  The statutory penalty for a conviction on this count is imprisonment for not less than five years and not more than 40 years.

Counts 4, 5, 6 and 7 charge certain defendants with possession of methamphetamine with intent to distribute in Chaves County in July 2015.  The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life.

Counts 8 through 24 charge certain defendants with using communications devices (telephone) to facilitate drug trafficking crimes.  The statutory penalty for a conviction on each of these counts is imprisonment for not more than four years.

Charges Against Federal Defendants

• Joseph Ray Mendiola, 34, of Roswell, N.M., is charged in Counts 1, 2, 4, 5 and 10 to 24.  Mendiola was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
• Francisco Fernando Aguilar-Larios, 34, a Mexican national who illegally resides in Phoenix, Ariz., is charged in Counts 1, 4, 5 and 18.  Aguilar-Larios was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
• Rodney Boughton, 48, of Roswell, N.M., is charged in Counts 1, 6 and 9.  Boughton was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
• James H. Lewis, 50, of Roswell, N.M., is charged in Counts 1 and 6.  Lewis was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
• Stephanie Leyba, 41, of Roswell, N.M., is charged in Counts 1 and 6.  Leyba was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
• Louis Escobar, 46, of Roswell, N.M., is charged in Counts 1 and 11.  Escobar has yet to be arrested and is considered a fugitive.
• Sergio Ureta-Castro, 38, of Roswell, N.M., is charged in Counts 1, 7 and 14.  Ureta-Castro has yet to be arrested and is considered a fugitive.
• Jonathan Ureta-Lopez, 19, of Roswell, N.M., is charged in Counts 1, 7, 10 and 14.  Ureta-Lopez has yet to be arrested and is considered a fugitive.
• Gerald Sentell, 44, of Roswell, N.M., is charged in Counts 1, 3, 8 and 9.  Sentell has yet to be arrested and is considered a fugitive.
• Susana Ceballos, 35, of Roswell, N.M., is charged in Counts 1, 4, 12, 13 and 16.  Cebollos has yet to be arrested and is considered a fugitive.
• Ana Solis, 22, of Roswell, N.M., is charged in Counts 1, 4, 5, 17 and 23.  Solis was arrested during this morning’s law enforcement operation and made her initial appearance earlier today in federal court in Roswell.
• Destiny Stephenson, 34, of Roswell, N.M., is charged in Counts 1 and3.  Stephenson was arrested during this morning’s law enforcement operation and made her initial appearance earlier today in federal court in Roswell.
• Ty Livingston, 36, of Roswell, N.M., is charged in Counts 1, 22 and 24.  Livingston has yet to be arrested and is considered a fugitive.
• Ismael Molina, 29, of Roswell, N.M., is charged in Counts 1, 2 and 15.  Molina was rested during this morning’s law enforcement operation and made his initial appearance earlier today in federal court in Roswell.
• Cipriano Anaya, 33, of Las Cruces, N.M., is charged in Counts 1 and 21.  Anaya was arrested during this morning’s law enforcement operation and made his initial appearance earlier today in federal court in Roswell.
• Christopher Bernard Larez, 41, of Roswell, N.M., is charged in Counts 1, 2, 19 and 20.  Larez has yet to be arrested and is considered a fugitive.

Federal Defendants Charged by Criminal Complaint

The following defendants were arrested during today’s law enforcement operation on federal criminal complaints and made their initial appearances in federal court in Roswell:

• Mia Coy Campbell, 32, of Carlsbad, N.M., is charged by criminal complaint 15-MJ-3315 with being a felon in possession of a firearm.  If convicted, Campbell faces a statutory maximum penalty of ten years in prison.
• James Hill, 33, of Roswell, N.M., is charged by criminal complaint with possession of methamphetamine with intent to distribute.  If convicted, Hill faces a statutory penalty of not less than five years and not more than 40 years of imprisonment.
• Jason Martinez, 27, of Roswell, N.M., is charged in criminal complaint 15-MJ-3319 with conspiracy and possession of methamphetamine with intent to distribute.  If convicted, each faces a statutory penalty of not less than five years and not more than 40 years of imprisonment.  His co-defendant Joseph Vallejos, 23, of Roswell, N.M., has yet to be arrested and is considered a fugitive.
• Renee Rodriguez, 31, of Roswell, N.M., is charged in criminal complaint 15-MJ-3314 with conspiracy, possession of methamphetamine with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime.  If convicted, she faces a statutory penalty of not less than five years and not more than 40 years of imprisonment on the drug charges and a minimum five years of imprisonment on the firearms charge that must be served consecutive to the sentence imposed on the drug charges.  As noted above, co-defendant Joseph Vallejos is a fugitive.

Photographs of the following federal fugitives are attached to this press release:  Susana Ceballos, Christopher Larez, Ty Livingston, Gerald Sentell and Joseph Vallejos.  Anyone with information on the whereabouts of this/these fugitive(s) is asked to contact the Albuquerque FBI (24 hours) at (505) 889-1300. Tips also can be submitted online at https://tips.fbi.gov.

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

State Defendants Charged by Criminal Complaint

The following defendants were arrested today on state drug trafficking charges:

• Michael Albarez, 33 of Roswell, N.M.
• Raymond Amador, 22, of Roswell, N.M.
• Frederick Bersane, 36, of Roswell, N.M.
• Aaron Brockman, 27, of Roswell, N.M.
• Ann Escamilla Cobos, 41 of Roswell, N.M.
• Lorenzo Cobos, 41, of Roswell, N.M.
• James Dennis, 25, of Roswell, N.M.
• Jose Dimas, 27, of Roswell, N.M.
• Jerry Garcia, 37, of Roswell, N.M.
• Andres Granado, 27, of Roswell, N.M.
• Angelo Hidalgo, 22, of Roswell, N.M.
• Annette Lucero, 44, of Roswell, N.M.
• Jason Lucero, 37, of Artesia, N.M.
• Larissa Madril, 23, of Roswell, N.M.
• Domenic Montes, 25, of Roswell, N.M.
• Danielle Paslay, 24, of Roswell, N.M.
• Armando Primera, 46, of Dexter, N.M.
• Alexander Roberson, 24, of Roswell, N.M.
• Brandon Dean Shelton, 44, of Roswell, N.M.
• Jose Trujillo, 25, of Albuquerque, N.M.

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

ALBUQUERQUE – Luis Juan Contreras-Cano and Carlos Davenport were sentenced to prison today in federal court in Albuquerque, N.M., for violating the federal narcotics trafficking laws.   Contreras-Cano, 20, a Mexican national residing in Albuquerque, was sentenced to 97 months in prison.  He will be deported following his incarceration.  Davenport, 41, of El Paso, Texas, was sentenced to 15 years in prison followed by five years of supervised release.

Contreras-Cano and Davenport were arrested on Dec. 13, 2014, in Bernalillo County, N.M., after law enforcement officers, on a criminal complaint, searched the vehicle in which the two men were traveling and found ten pounds of methamphetamine and two firearms.  Contreras-Cano and Davenport were subsequently indicted on Jan. 8, 2015, and charged with conspiracy to possess methamphetamine with intent to distribute, possession of methamphetamine with intent to distribute, and using and carrying firearms in relation to a drug trafficking crime.  All offenses took place in Bernalillo County.

On June 24, 2015, Contreras-Cano pled guilty to a felony information charging him with conspiracy to distribute methamphetamine.  In entering the guilty plea, Contreras-Cano admitted that while driving through Bernalillo County on Dec. 13, 2014, he and Davenport were stopped by Albuquerque Police officers who found ten pounds of methamphetamine, two firearms and ammunition during a search of their vehicle.  Contreras-Cano further admitted that he and Davenport had acquired to the methamphetamine in Phoenix, Ariz., and were planning to redistribute the methamphetamine.

On June 17, 2015, Davenport pled guilty to Counts 1 and 3 of the indictment charging him with conspiracy to distribute methamphetamine and using and carrying a firearm in relation to a drug trafficking crime.

This case was investigated by the Albuquerque offices of the FBI and Homeland Security Investigations (HSI) and the Albuquerque Police Department.  Assistant U.S. Attorneys James R.W. Braun and Joel R. Meyers prosecuted the case.

ALBUQUERQUE – Joseph Ernest Purcella, III, 35, of Albuquerque, N.M., pled guilty this morning in federal court to being a felon in possession of a firearm and ammunition.  Under the terms of his plea agreement, Purcella will be sentenced to 180 months in federal prison if the court determines that he is an armed career criminal.

The guilty plea was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI), and Chief William Kurth of the Santa Ana Pueblo Tribal Police Department.

Purcella was arrested on Oct. 30, 2014, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition in Sandoval County, N.M., on April 7, 2014.  At the time, Purcella previously had been convicted of several felony offenses, including aggravated battery, burglary, battery on a police officer, trafficking a controlled substance, and possession of a controlled substance.  Purcella subsequently was indicted on the same charge on Nov. 19, 2014.

According to court filings, on April 7, 2014, officers of the Santa Ana Pueblo Tribal Police Department went to the Santa Ana Star Casino in response to a report of an armed robbery.  They arrested Purcella, who was identified as the alleged robber, on state charges filed by the 13th Judicial District Attorney’s Office.  The state charges were dismissed after federal charges were filed against Purcella.

During today’s proceedings, Purcella pled guilty to the indictment and admitted to unlawful possession of a firearm on April 7, 2014.  Purcella has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.

U.S. Attorney Damon P. Martinez said that Purcella was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  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.

This case was investigated by the Albuquerque office of Homeland Security Investigations and the Santa Ana Pueblo Police Department, with assistance from the 13th Judicial District Attorney’s Office.  Assistant U.S. Attorney Jacob A. Wishard is prosecuting the case.

ALBUQUERQUE – Josephine Duran, 23, of Albuquerque, N.M., pleaded guilty this morning in federal court to prescription drug trafficking and theft of medical products charges arising out of the armed robbery of an Albuquerque-area retail pharmacy in Jan. 2015.  Under the terms of her plea agreement, Duran will be sentenced to a prison term within the range of 48 to 100 months.

The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division,   Chief Gorden Eden, Jr., of the Albuquerque Police Department, and Chief Pete N. Kassetas of the New Mexico State Police.

Duran was one of six defendants charged in four indictments that were announced by federal and local officials on April 29, 2015.  The indictments alleged that the six defendants robbed retail pharmacies in Albuquerque to illegally obtain Oxycodone and other highly addictive opioid painkillers.  The four indictments charged Duran, her co-defendant Blake Gallardo, 22, and four other Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies, including violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.

At the time the indictments were announced, Duran and Gallardo had not been arrested and were considered fugitives.  Thereafter, Duran was arrested on May 22, 2015, and Gallardo was arrested on June 11, 2015.

Duran and Gallardo were charged by indictment  in 15-CR-1504 with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandishing a firearm during a crime of violence; (3) violating the Controlled Substance Registrant Act by committing robbery involving controlled substance; (4) violating the Safe Doses Act by committing theft of medical products; and (5) possession of Oxycodone with intent to distribute.  These charges arose out of the armed robbery of a Walgreens Pharmacy located at 6565 Paradise Blvd. NW in Albuquerque on Jan. 30, 2015.

Today Duran entered a guilty plea to Count 5 of the indictment charging her with possession of Oxycodone with intent to distribute, and to a felony information charging her with theft of medical products.  In her plea agreement, Duran who knew of the robbery in advance, admitted to knowingly taking Gallardo’s loaded firearm and the Oxycodone Gallardo stole from the Walgreens Pharmacy on Jan. 30, 2015, while Gallardo attempted to flee from law enforcement.  Duran admitted that she intended to distribute the stolen Oxycodone.  Duran remains in custody pending a sentencing hearing which has yet to be scheduled.

On Sept. 4, 2015, Gallardo entered a guilty plea to Counts 1, 2, 3 and 5 of the indictment.  He also pleaded guilty to a felony information charging him with robbery involving controlled substance, a charge arising out of the June 6, 2015 robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque.  Under the terms of his plea agreement, which encompasses both robberies, Gallardo will be sentenced to a prison term within the range of 15 to 20 years.  Gallardo remains in custody pending a sentencing hearing which has yet to be scheduled.

In his plea agreement, Gallardo admitted robbing both Walgreens Pharmacies at gunpoint.  With respect to the Jan. 30, 2015 robbery, Gallardo entered the pharmacy, jumped over the pharmacy counter while brandishing a firearm, and ordered the pharmacist to open a locker in which controlled substances were stored.  Gallardo pointed his firearm at the pharmacist, took her keys, opened the locker, and filled a bag with oxycodone.  Gallardo and Duran were arrested on state charges shortly after the robbery.

During the June 6, 2015, robbery, the plea agreement states that Gallardo was armed with a firearm when he entered the pharmacy and jumped over on the pharmacy counter. He grabbed two pharmacy employees and directed them to the pharmacy’s controlled substance locker.  Gallardo took several bottles of oxycodone from the locker and ran out of the pharmacy.

With respect to the four defendants who are charged in three other pharmacy robbery cases, two have entered not guilty pleas and are detained pending trial.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.  The other two defendants have entered guilty pleas and remain detained pending sentencing hearings.

On July 1, 2015, Victor Hurtado, 20, pled guilty to felony charges arising out of the Jan.6, 2015 armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque.  Under the terms of his plea agreement, Hurtado will be sentenced to a prison term within the range of ten to 18 years.  Hurtado’s sentencing hearing is scheduled for Oct. 1, 2015.

On Sept. 17, 2015, Valentin Garcia, 23,pled guilty to felony charges arising out of the Jan. 30, 2015, armed robbery of the CVS Pharmacy located at 4201 Montano in Albuquerque.  Under the terms of his plea agreement, Garcia will be sentenced to ten years in prison.

These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County.  The cases are being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.

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

These cases are being prosecuted pursuant to a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

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

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

ALBUQUERQUE -- Officials from the U.S. Attorney's Office, FBI, District Attorney's Office for the 5th Judicial District of the State of New Mexico, New Mexico State Police, Chaves County Metro Narcotics Task Force, Roswell Police Department and Chaves County Sheriff's Office will hold a press conference to discuss a major law enforcement operation in Chaves County, New Mexico,  TODAY, SEPTEMBER 24, 2015 at 3:00 P.M. at the National Guard Armory in Roswell, N.M.  No further information will be released until the press conference.

WHO: U.S. Attorney Damon P. Martinez for the District of New Mexico

Special Agent in Charge Carol K.O. Lee, FBI’s Albuquerque Division

Fifth Judicial District Attorney Dianna Luce

Chaves County Sheriff Britt Snyder

Roswell Police Chief Phil Smith

Chaves County Metro Narcotics Task Force Commander Alan Stevenson

Major Tim Johnson of the New Mexico State Police

WHAT: Press conference to discuss major law enforcement operation in Chaves County, New Mexico

WHEN: THURSDAY, SEPTEMBER 24, 2015 AT 3:00 P.M.

WHERE: National Guard Armory

1 West Earl Cummings Loop

Roswell, New Mexico

OPEN PRESS

NOTE:  All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials.  Media may begin to arrive at 2:45 p.m.  Inquiries regarding logistics should be directed to Frank Fisher, Media Coordinator for the FBI at 505-681-8906 or

frank.fisher@ic.fbi.gov.

ALBUQUERQUE – Patrick Watuema, 55, an enrolled member of the Pima Salt River Tribe in Ariz., was sentenced this morning in federal court in Albuquerque, N.M., to 120 months in prison followed by 20 years of supervised release for his aggravated child sexual abuse conviction.  Watuema will be required to register as a sex offender when he completes his term of incarceration.

Watuema was arrested on May 5, 2014, on a criminal complaint alleging that he engaged in a sexual act with a child who had not attained the age of 12 years.  Watuema subsequently was indicted on May 21, 2014, on an aggravated child sexual abuse charge.  According to court filings, Watuema sexually assaulted a six-year-old Navajo child on April 30, 2014, in To’hajiilee, N.M., which is located in the Navajo Indian Reservation.

In entering his guilty plea on June 18, 2015, Watuema admitted sexually assaulting the six-year-old child victim on April 30, 2014.  He also admitted to having unlawful sexual contact with the child victim on other occasions.  Watuema acknowledged that the victim was under the age of 12 years at the time he committed the offense.

This case was investigated by the Albuquerque office of the FBI and the Crownpoint office of Navajo Nation Division of Public Safety with assistance from Albuquerque Sexual Assault Nurse Examiners (SANE) at the University of New Mexico Hospital, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

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 — Jessie Manuel Pena, 32, of Las Cruces, N.M., was sentenced this morning in federal court in Las Cruces to 77 months in prison followed by three years of supervised release for his conviction on heroin trafficking and firearms charges.

Pena was arrested on April 22, 2015, on a criminal complaint charging him with being a felon in possession of a firearm and possession of heroin.  According to the complaint, on July 19, 2013, in Doña Ana County, N.M., law enforcement officers located and arrested Pena on a state warrant for a probation violation and failure to appear.  During a search incident to Pena’s arrest, the officers seized a loaded handgun from the waistband of Pena’s pants and approximately 11.4 grams of heroin from a pocket in Pena’s pants.

Pena was subsequently indicted on July 16, 2014, and charged with being a felon in possession of a firearm and ammunition, possession of a firearm and ammunition by a user and addict of a controlled substance, and simple possession of heroin.  Pena was prohibited from possessing firearms or ammunition because he previously had been convicted of distribution of marijuana, tampering with evidence, possession of a firearm or destructive device by a felon, possession of a controlled substance, residential burglary and larceny.

On Sept. 3, 2014, Pena pled guilty to the indictment without the benefit of a plea agreement.

This case was investigated by the Las Cruces office of the FBI, the U.S. Marshals Service and the Las Cruces Police Department.  Assistant U.S. Attorney Maria Y. Armijo prosecuted this case pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.

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

ALBUQUERQUE — Monique Maurice Martinez, 35, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison followed by four years of supervised release for her methamphetamine trafficking conviction.

Martinez was charged in a criminal complaint on April 23, 2014, with possession of methamphetamine with intent to distribute in Eddy County, N.M., on March 18, 2014.  According to the complaint, agents with the Pecos Valley Drug Task Force executed a search warrant at Martinez’s residence where they seized approximately 174.6 grams of methamphetamine, drug paraphernalia and $2,015.00 in cash.  Martinez was subsequently indicted on the same charge on Nov. 12, 2014.

Martinez pled guilty to a felony information on July 1, 2015, and admitted that on March 18, 2014, she possessed 166.05 grams of methamphetamine with intent to distribute.  Martinez further admitted that the methamphetamine, which was in her purse, was discovered during the execution of a search warrant at her residence by the Pecos Valley Drug Task Force and the Carlsbad Police Department.

This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force and the Carlsbad Police Department.  Assistant U.S. Attorney Randy M. Castellano 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 – Today, U.S. Attorney General Loretta Lynch announced Office of Community Oriented Policing Services (COPS Office) funding awards to two cities and one Pueblo in the District of New Mexico, aimed at funding 16 law enforcement positions.  Over $107 million will be awarded nationally, through the COPS Hiring Program (CHP), including $1,921,987.00 for three police departments in New Mexico.

The list of this year’s grantees includes: the Hobbs Police Department which was awarded $625,000.00 to fund five officers; the Las Cruces Police Department which was awarded $1,125,000.00 to fund nine officers; and the Pueblo of Laguna Tribal Police Department which was awarded $171,987.00 to fund two officers.

“The COPS Office is pleased to assist local law enforcement agencies throughout the country in addressing their most critical public safety issues,” said Ronald L. Davis, Director of the COPS Office. “These grants are not simply about putting more officers on the street, they are about expanding the capacity of law enforcement agencies to engage in community policing.”

CHP provides grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides salaries and benefits for officer and deputy hires for three years.

“Every additional officer on the street helps keep our communities safe,” said U.S. Attorney Damon P. Martinez.  “The 16 officers who will be hired with this money will help fight crime in Hobbs, Las Cruces and the Pueblo of Laguna and improve the lives of the people who live there.”

Priority consideration was given this year to agencies that selected any of the Building Trust focus areas or School Based Policing through School Resource Officers.  All applicants were encouraged to refer to the Report of the President's Task Force on 21st Century Policing for suggested actions to incorporate into their proposed community policing strategy.

The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, COPS has invested over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 127,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.

For the entire list of grantees and additional information about the 2015 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.

ALBUQUERQUE – Attorney General Loretta Lynch today announced that the Justice Department has awarded grants totaling more than $23.2 million to 73 local and tribal agencies in 32 states to expand the use of body-worn cameras and explore their impact.  The investment includes $19.3 million to purchase body-worn cameras, $2 million for training and technical assistance and $1.9 million to examine the impact of their use.  The grants, awarded by the Department’s Office of Justice Programs (OJP), are part of President Obama’s proposal to purchase 50,000 body-worn cameras for law enforcement agencies within three years. 

“This vital pilot program is designed to assist local jurisdictions that are interested in exploring and expanding the use of body-worn cameras in order to enhance transparency, accountability and credibility,” said Attorney General Lynch.  “The impact of body-worn cameras touches on a range of outcomes that build upon efforts to mend the fabric of trust, respect and common purpose that all communities need to thrive.”

The Albuquerque Police Department received a $250,000.00 grant.  “As we support the men and women of APD in their work to protect our community, we are mindful that effective public safety depends not simply on taking criminals off the streets, but on winning – and keeping – the confidence of the people our officers are sworn to serve,” said U.S. Attorney Damon P. Martinez.  “As the first police department to implement court-ordered reforms that include a body-worn camera program, this money will help APD implement reforms that will enhance officer interaction with the public and build community trust.”

The grants, which require a 50/50 in-kind or cash match, can be used to purchase equipment and require that applicants establish a strong implementation plan and a robust training policy before purchasing cameras.  The long term costs associated with storing this information will be the financial responsibility of each local agency.

In addition to funds to help purchase body-worn cameras and train officers in their use, grants under the Bureau of Justice Assistance’s (BJA’s) Smart Policing Initiative will support police departments in Miami, Milwaukee, and Phoenix as they examine the impact of body-worn cameras on citizen complaints, internal investigations, privacy, community relationships and cost effectiveness.  Each of these three departments will partner with a research institution to gain insight on the merits of deploying body-worn camera programs.

Lynch announced the award today during a White House Champions of Change event co-hosted by the Office of Justice Programs and the Community Oriented Policing Services Office (COPS).  The event honored law enforcement officers and young people who are leading efforts to improve relationships between law enforcement and youth in their communities.BJA has launched a comprehensive online toolkit that consolidates research, promising practices, model policies and other tools that address issues surrounding body-worn cameras, including implementation requirements; image retention; concerns of policy makers, prosecutors, victim and privacy advocates; and community engagement and funding considerations. The toolkit is available at: https://www.bja.gov/bwc/.

OJP’s Bureau of Justice Statistics is collecting data on body-worn camera usage through surveys of law enforcement agencies.  It is also designing data collection forms for future surveys of prosecutors and public defenders to measure how body-worn camera footage is being used by the courts in criminal cases.

For additional information about the BWC Pilot Implementation Program, visit

 http://www.bja.gov/bwc/pdfs/BWCPIP-Award-Fact-Sheet.pdf.

About the Office of Justice Programs (OJP).  OJP, headed by Assistant Attorney General Karol V. Mason, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six components: the Bureau -of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP can be found at www.ojp.gov.

ALBUQUERQUE—Today, the Department of Justice is pleased to announce a proposed settlement to resolve a nationwide class action brought by tribes and tribal contractors that had Indian Self Determination Act contracts with the Bureau of Indian Affairs.  This is a preliminary resolution we submitted to the district court last night.  If the settlement is approved by the court, it will bring to a close 25 years of litigation between the tribes and the federal government in a way that is fair and honorable to all the parties involved.

This agreement is a compromise that was long in the making – reached only after years of complex negotiations following the Supreme Court’s 2012 decision in Salazar v. Ramah Navajo Chapter.  During that time, the parties have met repeatedly, working with expert accountants, auditors and statisticians to analyze thousands of contract documents.  The result is a settlement that both sides can be proud of.

The proposed settlement will provide for a $940 million lump-sum payment to the class to resolve claims for contract support costs for the years 1994 through 2013.  These are the tribes’ share of costs incurred in carrying out important federal programs that serve the well-being of members of the tribes.  It establishes a fair and equitable system for distributing shares of this amount to each of the 645 class member tribes and tribal contractors.  As a general rule, each tribal contractor that submits a claim will receive a share based on the amount of contract support costs it has incurred over the last 20 years.  But the parties have also agreed to a minimum payment for each year that a self-determination contract existed with a tribe in order to ensure that no tribe is excluded from the benefit of this agreement.

I would like to extend a particular thanks to the three named plaintiffs – Ramah Navajo Chapter, Oglala Sioux Tribe and Pueblo of Zuni – for their efforts, and the efforts of class counsel on their behalf.  This proposed settlement would not exist without their determination and tireless efforts over the last 25 years.  I’d also like to thank the hard work of the attorneys at the Justice Department under the Civil Division’s Federal Programs Branch and the U.S. Attorney’s Office of the District of New Mexico, as well as those at the Department of the Interior.  Without them, a settlement of this scope and importance would not have been possible.

Before I conclude, I would like to emphasize that this agreement does more than simply resolve this pending litigation.  It also is an embodiment of a stronger relationship between the United States and the sovereign tribal nations, a relationship that is stronger today than perhaps any time in history.  It demonstrates how the central mission of the Department of Justice is to ensure that justice is done, and how our attorneys work tirelessly every day to achieve that goal.

ALBUQUERQUE – Mitzi Marsh, 57, of Los Lunas, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to two years in prison followed by one year of supervised release for her conviction on conspiracy and identity theft charges.  Marsh also was ordered to pay $90,938.65 in restitution to the businesses that were victims of her criminal conduct.

Marsh and her co-defendants, Jeremy Bacuccini, 37, of Albuquerque and Reese Chancellor, 33, of Santa Fe, N.M., were indicted in Nov. 2012, on identity theft, aggravated identity theft, and conspiracy charges.  According to the 11-count indictment, the three co-conspirators unlawfully used the identities of others to commit crimes in 2007 and 2008.  The indictment alleged that the three co-conspirators used counterfeit access devices, like credit cards, opened in the names of others and without their permission to fraudulently obtain items valued at more than $1,000.00.  Court filings indicate that the co-conspirators were responsible for $124,708.71 in losses sustained by the retailers.

Marsh pled guilty to Count 10 of the indictment, charging her with aggravated identity theft on April 29, 2015.  In entering her guilty plea, Marsh admitted that on Dec. 23, 2007, she fraudulently opened a Costco account using a fake ID, for purchases totaling $6,148.32.  However, under the terms of her plea agreement, Marsh was required to pay restitution based on all losses suffered as a result of all of Marsh’s criminal conduct.

On Aug. 2, 2013, Chancellor entered guilty pleas to Counts 3 and 7 of the indictment, charging him with conspiracy to commit identity theft, and Count 8, charging him with identity theft.  In his plea agreement, Chancellor admitted that, while working at an Albuquerque apartment complex in Oct. 2007, he obtained unauthorized access to tenant files and used the names and identifiers of the tenants to make fake IDs and counterfeit checks.  Chancellor further admitted that Bacuccini and Marsh used the fake IDs and counterfeit checks to make fraudulent purchases at numerous retailers, including Home Depot, Zales, Lowe’s, Costco, Sam’s Club and Sears, valued in aggregate at $124,708.71. Chancellor was sentenced on Nov. 7, 2013, to five months in prison followed by three years of supervised release.  Chancellor was also ordered to pay $127,705.71 in restitution to the businesses that were victims of his criminal conduct.

Bacuccini pleaded guilty on June 17, 2013, to Count 6 of the indictment, charging him with aggravated identity theft.  In his plea agreement, Bacuccini admitted that, in Dec. 2007 and Jan. 2008, he used the names and personal identifiers of four individuals, which he obtained from Chancellor, to open accounts at businesses in Albuquerque and Santa Fe and make purchases.  He also admitted using fake checks in the names of two of the individuals to make purchases at Albuquerque businesses.  Bacuccini also admitted making fake checks using bank account numbers provided by Marsh, who worked at a physician’s office.  Bacuccini acknowledged that he and Chancellor are jointly responsible for $30,431.70 in losses sustained by retailers as a result of their criminal conduct.  Bacuccini was sentenced on Sept. 9, 2013, to two years in prison followed by one year of supervised release.  Bacuccini was also ordered to pay $33,431.70 in restitution to the businesses that were victims of his criminal conduct.

This case was investigated by the U.S. Postal Inspection Service and was prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Cynthia L. Weisman.  

WASHINGTON – The U.S. Department of Justice and the U.S. Department of the Interior (Interior) today announced a $940 million proposed settlement with a nationwide class of Native American Tribes and tribal entities that, if approved by the federal district court, would resolve a 25-year-old legal dispute related to contract support costs for tribal agencies.  The proposed settlement would address claims that the United States contracted with tribes to run programs but did not pay the full amounts required by law.

“This landmark settlement represents another important step in the Obama Administration’s efforts to turn the page on past challenges in our government-to-government relationship with tribes,” said Interior Secretary Sally Jewell.  “Tribal self-determination and self-governance will continue to be our North Star as we navigate a new chapter in this important relationship and we are committed to fully funding contract support costs so that tribal contracting can be more successful.  Congress can and should make this happen.  Today’s announcement resolves past claims and allows money wrapped up in litigation to be used more productively.”

The proposed settlement, announced today by Interior Secretary Jewell, Assistant Secretary for Indian Affairs Kevin Washburn and Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division, would address claims that the government contracted with tribes and tribal agencies to run Bureau of Indian Affairs (BIA) programs like law enforcement, forest management, fire suppression, road maintenance,  housing, federal education and other support programs, but failed to appropriate sufficient funds to pay the costs under the agreements.  Native American tribal agencies manage these programs under the Indian Self-Determination Act of 1975.

“The Department of Justice is pleased that the parties have reached an agreement to finally resolve this litigation that has spanned four administrations,” said Principal Deputy Assistant Attorney General Mizer.  “This agreement was long in the making – reached only after years of complex negotiations – and both sides can be proud of the result.”

This proposed settlement was filed yesterday in U.S. District Court in Albuquerque, New Mexico, and will require court approval.  The proposed settlement would resolve the government’s liability and avoid years of tedious contract-by-contract litigation that would require tens of thousands of hours of work by federal and tribal attorneys as well as expert auditors and accountants.

The claims arose because of a mismatch between federal self-determination laws and available appropriations.  While the federal government has signed contracts that provided for certain amounts to cover administrative costs of implementing contracts – such as workers’ compensation costs for tribal employees – Congress capped appropriated funds available to pay for these costs.  This funding gap was one of the sources of the claims, which were raised in a class action lawsuit filed in 1990.

“Time and again, we have seen that when a tribal government runs a federal program, the program is more successful and more responsive to the tribal community,” said Assistant Secretary Washburn.  “Today’s proposed settlement, together with President Obama’s request for full, mandatory funding of tribal contract support costs in the future, removes one of the significant obstacles to tribal self-determination and self-governance.  Tribes can now be confident that the federal government will pay sufficient costs to allow them to be successful in running federal programs.”

In 2012, the issue reached the Supreme Court, which ultimately agreed with the Tribes that the government was liable for the payments, regardless of whether Congress had appropriated adequate funds.  Since 2012, the United States has been negotiating with tribal entities to find a fair and efficient resolution of this dispute and to pay the money owed.

In the president’s fiscal year 2016 budget request to Congress for the Departments of the Interior and Health and Human Services, the administration proposed a long-term solution to this persistent problem: mandatory, non-discretionary funding, beginning in fiscal year 2017, for contract support costs.

The proposed settlement marks another significant effort by the Obama Administration to address long-running litigation concerning federal policy in Indian Country, so that Tribes and the federal government can enjoy a more fruitful and constructive relationship in the future.  Since 2010, the Departments of Justice and the Interior have settled the Cobell class action lawsuit, and more than 80 similar lawsuits brought by various American Indian tribes, alleging breach of trust for federal mismanagement of their financial assets and natural resources.

ALBUQUERQUE – Ferlin Platero, 50, of Crownpoint, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 24 months in prison followed by five years of supervised release for failing to comply with the Sex Offender Registration and Notification Act (SORNA).  The sentence was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.

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

Platero was arrested on Dec. 17, 2014, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration.  On Jan. 8, 2015, Platero was indicted for failing to update his registration between July 1, 2014 and Dec. 9, 2014, in McKinley County, N.M.

According to court filings, Platero was convicted of aggravated sexual abuse in Nov. 1993.  On Feb. 24, 2004, he registered as a sex offender in the State of Arizona and agreed to notify the sheriff of the county to which he moved if he were ever to move out of the county. Platero last registered as a sex offender on Oct. 26, 2012, in Ariz., and subsequently failed to notify the New Mexico Department of Public Safety or the Navajo Nation Division of Public Safety that he was required to register as a sex offender when he moved to New Mexico

On April 28, 2015, Platero pled guilty to a felony information charging him with failing to update his registration in McKinley County, N.M.  He entered the guilty plea without the benefit of a plea agreement.

This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Sarah Mease.

ALBUQUERQUE – Shiloh Y. McLemore, 36, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assault charges.

McLemore was arrested on April 15, 2015, on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm in Indian Country.  The complaint alleged that on April 8, 2015, law enforcement officers were called to the campus of the Navajo Technical University (NTU), where McLemore had allegedly assaulted and battered a woman and had then barricaded himself inside an apartment on the NTU campus.  The complaint further alleged that when approached by a second victim, a Navajo man, McLemore took out a hand gun, loaded a full magazine of bullets into the handgun and chambered a bullet while threatening the victim to get away from him.

McLemore was subsequently indicted on May 12, 2015, and charged with assault of a male victim with a dangerous weapon with intent to do bodily harm, assault of a female victim with a dangerous weapon with intent to do bodily harm, and using and brandishing a firearm during a crime of violence. The crimes charged took place on April 8, 2015, in McKinley County, N.M.

During today’s proceedings, McLemore pled guilty to two counts of assault with a dangerous weapon.   In entering the guilty plea, McLemore admitted that on April 8, 2015, in Indian Country in McKinley County, he assaulted a male victim with a firearm with intent to do bodily harm.  He also admitted assaulting a female victim with a shod foot with intent to do bodily harm.

This case was investigated by the Crownpoint office of the Navajo Nation Department of Public Safety and is being prosecuted by Assistant U.S. Attorney Novaline Wilson.

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 – Marcelino Chalan, 27, of Cochiti Pueblo, N.M., appeared in federal court in Albuquerque, N.M., this morning on a criminal complaint charging him with bank robbery.  During the hearing, the court found probable cause to support the charge in the criminal complaint.

Chalan was arrested yesterday 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 alleges 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 by a female.  The investigation into Chalan began after the FBI received a tip identifying Chalan as the bank robber.

If convicted of the crime charged in the criminal complaint, Chalan faces a maximum penalty of 20 years in federal prison.  Charges in criminal complaints are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the FBI, 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 – Pete Pasqual Chavez, 36, of Albuquerque, N.M., entered a not guilty plea today in federal court to a felon in possession of a firearm charge.  Chavez was ordered detained pending trial based on judicial findings that he poses a risk of flight and a danger to the community.

Chavez was arrested yesterday on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Sept. 14, 2015, in Bernalillo County, N.M.  The complaint alleges that on Sept. 14, 2015, officers of the Albuquerque Police Department (APD) responded to the La Quinta Inn on San Antonio Blvd. in Albuquerque after Chavez allegedly told hotel personnel that he had just shot a person who was breaking into his vehicle.  Upon arrival the APD officers found a firearm under Chavez’s vehicle.  Thereafter the officers executed search warrants for Chavez’s hotel room and vehicle.  In the vehicle, the officers found a single projectile that was removed from the inside of the passenger door and a box of Perfecta .45 caliber ammunition.  In Chavez’s hotel room the officers found four rounds of Perfecta .45 caliber ammunition.  In the bushes outside Chavez’s room, the officers found a firearm loaded with ten rounds of Perfect .45 caliber ammunition.

Chavez was prohibited from possessing firearms or ammunition on Sept. 14, 2015, because he previously had been convicted of shooting at or from a motor vehicle, and attempted trafficking of a controlled substance with intent to distribute, and possession of a controlled substance in the Second Judicial District Court for the State of New Mexico.  Chavez also had previously been convicted for using a telephone to facilitate a drug trafficking crime in the U.S. District Court for the District of New Mexico.

If convicted of the crime charged in the criminal complaint, Chavez faces a maximum penalty of ten years in federal prison.  If the court determines that Chavez is an armed career criminal, he faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment. Charges in criminal complaints are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD.  Assistant U.S. Attorney Norman Cairns 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 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 – Officials from the Department of Justice and Department of the Interior (Interior) will hold a press conference on THURSDAY, SEPTEMBER 17, 2015, to announce a landmark settlement with a nationwide class of tribes and tribal entities.

WHO: Principal Deputy Assistant Attorney General Benjamin C.  Mizer -Head of the Justice Department’s Civil Division

U.S. Attorney Damon P. Martinez of the District of New Mexico

DOI Assistant Secretary – Indian Affairs Kevin K. Washburn

President David Jose of Ramah Navajo Chapter

President John Yellowbird Steele of Oglala Sioux Tribe

Governor Val R. Panteah Sr. of Pueblo of Zuni

Michael P. Gross, M.P. Gross Law Firm P.C.

C. Bryant Rogers, partner in VanAmberg, Rogers, Yepa, Abeita, Gomez and Works LLP

Lloyd B. Miller, partner in Sonosky Chambers Sachse Miller & Munson

WHEN: THURSDAY, SEPTEMBER 17, 2015 11:00 a.m. MDT / 1:00 p.m. EDT

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

201 Third Street NW

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

Albuquerque, NM 87102

OPEN PRESS

NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials (which must be worn around the neck or pinned to clothing at all times).  Media may begin to arrive at 10:00 a.m. MDT. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or alyssa.ferda@usdoj.gov.

ALBUQUERQUE – Matthew J. Holmes, 31, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 130 months in prison for his cocaine base trafficking conviction.  Holmes will be on supervised release for four years after completing his term of imprisonment.  The court also entered an order requiring Holmes to forfeit $4,146.00 found in Holmes’ possession when he was arrested.

Holmes was arrested on Feb. 24, 2015, and charged in a criminal complaint with possession of cocaine base, more commonly known as “crack” or “crack cocaine,” with intent to distribute.  According to the complaint, on Feb. 24, 2014, the Santa Fe Police Department (SFPD) received information that Holmes had an outstanding state arrest warrant.  Based on that information, SFPD officers initiated a traffic stop on Holmes’ vehicle.  After a brief foot pursuit, the officers were able to apprehend Holmes.   At the time of his arrest, Holmes possessed a distribution quantity of crack cocaine and drug paraphernalia.  Holmes subsequently was indicted and charged with possession of crack cocaine with intent to distribute.

On Feb. 17, 2015, Holmes pled guilty to the indictment and admitted that on Feb. 24, 2014, he possessed 74.3 grams of crack cocaine in three plastic bags and $4,146.00 in cash.  Holmes also admitted that he possessed the drugs with the intention of distributing it to others.

This case was investigated by the Santa Fe office of the FBI and the HIDTA Region III Narcotics Task Force.  The case was prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns.

The HIDTA Region III Narcotics Task Force is comprised of officers from the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.  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 – Gabriel Gonzales, 26, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison followed by three years of supervised release for violating the federal drug trafficking and firearms laws.

Gonzales was arrested on Dec. 1, 2014, in Springer, N.M., on an indictment charging him with possession of methamphetamine with intent to distribute, using and carrying a firearm in relation to a drug trafficking crime, and unlawful possession of a firearm by a person who had been convicted of a misdemeanor crime of domestic violence.  The charges alleged in the indictment took place on Dec. 2, 2013, in Chaves County, N.M.  At the time of his arrest, Gonzales was prohibited from possessing firearms or ammunition because he previously had been convicted of the misdemeanor crime of domestic violence, that being battery against a household member.

On March 12, 2015, Gonzales pled guilty to Counts 1 and 3 of the indictment charging him with possession of methamphetamine with intent to distribute and possession of a firearm by a person convicted of a misdemeanor crime of domestic violence.  In entering the guilty plea, Gonzales admitted that on Dec. 2, 2013, he was pulled over by law enforcement officers for a traffic violation, and during a consensual search of his vehicle, officers found approximately 34.6 grams of methamphetamine and a handgun inside the vehicle.

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

ALBUQUERQUE – Terrance Rinaldi, 32, of Rio Rancho, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 36 months in prison for being a felon in possession of a firearm and ammunition.  He will be on supervised release for three years after completing his prison sentence.

Rinaldi was arrested on Oct. 27, 2014, on an indictment charging him with unlawfully possessing a firearm and ammunition on Aug. 18, 2014, in Sandoval County, N.M.  At the time Rinaldi was prohibited from possessing firearms or ammunition because he previously had been convicted of involuntary manslaughter and aggravated assault with a deadly weapon.

On May 14, 2015, Rinaldi pled guilty to 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 Rio Rancho Police Department.  Assistant U.S. Attorney David M. Walsh prosecuted the case.

ALBUQUERQUE – Almundo Cruz Singer, 28 was sentenced this afternoon in federal court in Albuquerque, N.M., to 75 months in prison followed by three years of supervised release for his involuntary manslaughter conviction.

Singer, an enrolled member of the Navajo Nation who resides in Tseyatoh, N.M., was arrested on Dec. 16, 2014, on a criminal complaint charging him with involuntary manslaughter.  He subsequently was indicted on Jan. 8, 2015, and charged with killing a man on Dec. 9, 2014, while driving under the influence of alcohol on the Navajo Indian Reservation in McKinley County, N.M.

According to court filings, Singer killed a 36-year-old Navajo man who was walking across State Road 118 in Church Rock, N.M., by hitting him with his vehicle while driving under the influence of alcohol.  Singer fled from the scene of the crash, but was arrested shortly thereafter in Gallup, N.M.

On April 17, 2015, Singer pled guilty to the indictment and admitted to killing the victim by driving recklessly while under the influence of alcohol.  Singer also admitted that because of his intoxication, he was incapable of exercising clear judgment and a steady hand in operating a vehicle, and that he operated his vehicle without using due caution and with a reckless disregard that imperiled the lives of others.

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

ALBUQUERQUE – Michael Scott Ponce, 38, of Albuquerque, N.M., pled guilty today in federal court to being an armed career criminal.  Under the terms of his plea agreement, Ponce will be sentenced to 15 years in prison followed by a term of supervised release to be determined by the court.  Ponce’s sentence was enhanced to a minimum of 15 years in prison, as opposed to a maximum ten years, based on his status as an armed career criminal.

The federal charge against Ponce was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III.

U.S. Attorney Damon P. Martinez said that Ponce was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  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.

“Violent, repeat offenders, such as Mr. Ponce, should be removed from Bernalillo County streets and held accountable for their actions.  As part of the Worst of the Worst Initiative, Mr. Ponce's prosecution is an example of the successful collaboration amongst partnering agencies, and the resulting disposal of criminal cases in our community,” said 2nd Judicial District Attorney Kari E. Brandenburg.

Ponce was arrested on July 13, 2015, on a criminal complaint alleging that Ponce unlawfully possessed a firearm and ammunition on June 27, 2015, in Bernalillo County, N.M.  According to the criminal complaint, on June 27, 2015, APD officers who responded to reports of a shooting in downtown Albuquerque observed a vehicle driven by Ponce as it struck another vehicle as Ponce attempted to flee from the area.  APD officers pursued Ponce into a residential neighborhood where they took him into custody.   As they were arresting Ponce, the officers observed a firearm cartridge in Ponce’s vehicle.  Before they arrested Ponce, the APD officers also observed Ponce throw an item from his vehicle, and later found a semiautomatic pistol in the area where they had observed Ponce throw the object.

Ponce was subsequently indicted on July 30, 2015, and charged with being a felon in possession of a firearm and ammunition.  According to court records, on June 27, 2015, Ponce was prohibited from possessing firearms or ammunition because he previously had been convicted of two counts of aggravated assaults with a deadly weapon, aggravated battery with a deadly weapon causing great bodily harm, and trafficking a controlled substance in the Second Judicial Court for the State of New Mexico in Bernalillo County.  Ponce also had a prior federal conviction on a cocaine trafficking charge.  At the time of his arrest on June 27, 2015, Ponce was on supervised release after having served a sentence of incarceration on the federal conviction.

During today’s proceedings, Ponce pled guilty to the indictment and admitted that on June 27, 2015, he possessed a semi-automatic pistol even though he was prohibited from possessing firearms and ammunition due to his prior felony convictions.  Ponce remains in federal custody pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the ATF office in Albuquerque and APD with assistance from the Bernalillo County Sheriff’s Office and the Second Judicial District Attorney’s Office.  Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.

ALBUQUERQUE – Joshua Almaguer, 33, of Las Cruces, N.M., was sentenced this afternoon in Las Cruces federal court to 120 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.

Almaguer is one of three residents of Las Cruces who were charged in a four-count indictment that was filed in June 2014.  Almaguer and co-defendant David Enriquez, 27, were arrested in Aug. 2014; their co-defendant Renelle Serna, 25, previously had been arrested in July 2014.  The indictment charged the trio with trafficking methamphetamine in Doña Ana County, N.M., in May 2014.

On June 3, 2015, Almaguer pled guilty to two counts of distributing methamphetamine in May 2014, under a plea agreement with the U.S. Attorney’s Office.  In entering his guilty plea, Almaguer admitted that he and his co-defendants distributed approximately 42 grams of methamphetamine to an undercover agent on May 20, 2014.

Serna pled guilty on Jan. 6, 2014, to a felony information charging her with two counts of distributing methamphetamine and two counts of possession of more than 50 grams of methamphetamine with intent to distribute.  In entering her guilty plea, Serna admitted that she and her co-defendants distributed methamphetamine to an undercover agent on two occasions on May 20, 0214.  The first distribution involved 14 grams of methamphetamine and the second involved 28 grams.  Serna also admitted that she possessed 146 grams of methamphetamine on May 23, 2014, and 134.6 grams of methamphetamine on July 25, 2014, with the intention of distributing the drugs to others.  Serna was sentenced on June 25, 2015, to 37 months in prison followed by three years of supervised release.

On Feb. 4, 2015, Enriquez pled guilty to Counts 1 and 2 of the indictment charging him with distributing methamphetamine on two occasions in May 2014.  In entering his guilty plea, Enriquez admitted distributing a gram of methamphetamine to an undercover agent on May 9, 2014.  Enriquez also admitted that he and his co-defendants distributed 14 grams of methamphetamine to an undercover agent on May 20, 2014.  Enriquez was sentenced on June 23, 2015, to 30 months in prison followed by three years of supervised release.

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

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

ALBUQUERQUE – The Department of Justice today announced 206 awards, totaling more than $97 million, to American Indian tribes, Alaska Native villages, tribal consortia and tribal designees.  The announcement was made in Washington, D.C., at the 2015 Tribal Leader Briefing, sponsored by the National Congress of American Indians, and included Tribal leaders, Members of Congress and Administration officials.

The following eight tribes in New Mexico received grant awards totaling $8,053,088.00:

 

• The Pueblo of Kewa received a $449,805.00 award from the Violence Against Women Tribal Program of the Office on Violence Against Women (OVW).

 

• The Pueblo of Acoma received two awards totaling $1,167,655.00; one from the Public Safety and Community Policing Program of the Office of Community Oriented Policing Services (COPS), and the second from Justice Systems and Alcohol and Substance Abuse Program of the Bureau of Justice Assistance (BJA).

 

• The Pueblo of Isleta received a $402,704.00 award from the Comprehensive Tribal Victim Assistance Program of the Office of Victims of Crime (OVC).

 

• The Pueblo of Jemez received five awards totaling $2,667,177.00 from:  (1) COPS’ Public Safety and Community Policing Program; (2) BJA’s Justice Systems and Alcohol and Substance Abuse Program; (3) OVW’s Violence Against Women’s Tribal Program; (4) OVC’s Children’s Justice Act Partnerships for Indian Communities; and (5) the Office of Juvenile Justice and Delinquency Prevention’s Juvenile Healing to Wellness Courts Program.

 

• The Pueblo of Nambe received a $440,775.00 award from OVW’s Violence Against Women’s Tribal Program.

 

• The Pueblo of Pojoaque received a $375,735.00 award from OVW’s Violence Against Women’s Tribal Program.

 

• The Pueblo of Sandia received two awards totaling $1,649,337.00; one from COPS’ Public Safety and Community Policing Program, and the second from BJA’s Justice Systems and Alcohol and Substance Abuse Program.

 

• The Pueblo of Zuni received a $900,000.00 award from OVW’s Violence Against Women’s Tribal Program.

“This money will help tribal leaders in New Mexico make their communities safer places for families to live.  With these resources, our tribal communities can develop comprehensive services for victims of crime, address violence against Native American women and children, and tackle other public safety priorities,” said U.S. Attorney Damon P. Martinez.  “The U.S. Attorney’s Office congratulates the tribes receiving these public safety grant awards, and reiterates its commitment to working with all tribes in New Mexico to enhance public safety in their communities.”

“For the past five years, the CTAS program has helped tribes develop their own comprehensive approaches to making their communities safer and healthier,” said Acting Associate Attorney General Stuart F. Delery. “CTAS grants have funded hundreds of programs to better serve crime victims, promote community policing, and strengthen justice systems.  This year’s awards also support efforts to reduce domestic and dating violence, and promote wellness and healing for tribal youth, among many other programs.”

The awards are made through the Justice Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs.  The Department developed CTAS through COPS and OVW, and administered the first round of consolidated grants in September 2010.

Since then, more than 1,400 grants totaling more than $620 million have been provided to enhance law enforcement practices, victim services, and sustain crime prevention and intervention efforts in nine purpose areas; public safety and community policing; justice systems planning: alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.

American Indians and Alaska Natives experience disproportionate rates of violence and victimization and often encounter significant obstacles to identifying and accessing culturally relevant services.  CTAS funding helps tribes to develop and strengthen tribal justice systems’ response to crime, while significantly increasing programs and services available to them.

A listing of today’s awards is available at www.justice.gov/tribal/.

Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.