District of New Mexico

ALBUQUERQUE – Vincent Edward Romero, 18, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to a felony information charging him with fleeing from a U.S. Border Patrol Checkpoint at a high rate of speed.  The guilty plea was entered without the benefit of a plea agreement.

Romero was arrested on March 3, 2015, during a routine inspection at the U.S. Border Patrol Checkpoint on U.S. Highway 54 in Otero County, N.M.  According to the criminal complaint, after Romero entered the checkpoint, Border Patrol agents directed him to a secondary inspection area.  Romero disregarded agents’ directions and drove away from the checkpoint, leading agents in a high speed pursuit.

At sentencing, Romero faces a statutory maximum penalty of five years in federal prison.  Romero’s sentencing hearing has yet to be scheduled.

This case was investigated by the Alamogordo office of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Patrick Watuema, 55, an enrolled member of the Pima Salt River Tribe in Ariz., pleaded guilty this morning to a felony information charging him with aggravated sexual abuse.  Under the terms of his plea agreement, Watuema will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.  Watuema also will be required to register as a sex offender.

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 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, 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.

Watuema 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 with assistance from Albuquerque Sexual Assault Nurse Examiners (SANE) at the University of New Mexico Hospital, and is being 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 – McQuade Quintana, 28, of Dulce, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to violating the Sex Offender Registration and Notification Act (SORNA).  The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshall 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.

Quintana was arrested on Nov. 25, 2014, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration.  On Dec. 16, 2014, Quintana was indicted for failing to update his registration between Oct. 10, 2014 and Nov. 25, 2014, in Bernalillo County, N.M.

According to court filings, Quintana was convicted of aggravated sexual abuse of a child in Jan. 2006.  On Sept 30, 2010, Quintana registered as a sex offender in Bernalillo County and agreed to notify the sheriff of the county to which he moved if he relocated outside of the county.  Quintana last registered as a sex offender on March 16, 2011, in Rio Arriba County, and subsequently failed to notify the New Mexico Department of Public Safety or the Bernalillo County Sheriff’s Office that he had moved or to update his sex offender registration as required by SORNA.

Today, Quintana pled guilty to a felony information and admitted that between Oct. 10, 2014 and Nov. 25, 2014, he failed to register as a sex offender in Bernalillo County.  Quintana also admitted that on Sept. 5, 2014, he was approved to reside at a residential reentry program in Albuquerque by the U.S. Probation Office and that he left the program without permission on Oct. 10, 2014.

At sentencing, Quintana faces a statutory maximum of ten years in federal prison followed by not less than three years of supervised release.  Quintana will also be required to register as a sex offender following his term of incarceration.

This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback 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 – Tomson Largo, 26, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 90 months in prison followed by a lifetime of supervised release for his sexual abuse conviction.  Largo will be required to register as a sex offender after his term of incarceration

Largo was arrested on Oct. 29, 2014, on a three-count indictment charging him with attempted aggravated sexual abuse, aggravated sexual abuse, and abusive sexual contact.  The indictment alleged that Largo committed the offenses on multiple occasions between July 2011 and March 2014, in McKinley County, N.M., within the Navajo Indian Reservation.

On March 17, 2015, Largo pled guilty to all three counts of the indictment.  In entering his guilty plea, Largo admitted that between July 1, 2011 and Aug. 31, 2011, he attempted to sexually abuse the victim, an Indian woman, while she was sleeping with her two children.  He further admitted that in Dec. 2011, he used force to sexually assault the victim, and in March 2014, he assaulted the victim by shoving his hands down her pants and touching her between the legs.  Largo admitted committing each of the three crimes at a residence in Crownpoint.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorney Kristopher N. Houghton.

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 Vernon Rupert, 44, of Cedar City, Utah, was sentenced this morning in federal court in Las Cruces, N.M., to a year and a day in prison for soliciting gifts and property under false pretenses.  Rupert will be on supervised release for three years after completing his prison sentence.  He also was ordered to pay $6,884.63 in restitution to the victims of his crimes.

Rupert, a former U.S. Army Sergeant was arrested on a criminal complaint in Utah on Oct. 11, 2013, and was transferred to Las Cruces federal court to answer the charges on Nov. 12, 2013.  According to the criminal complaint, Homeland Securities Investigations (HSI) initiated an investigation into Rupert in Nov. 2012, after receiving information that Rupert was soliciting military and law enforcement type clothing and shooting gear from manufacturers by falsely claiming to be a U.S. Army Command Sergeant Major stationed at White Sands Missile Base.  During the solicitations, Rupert claimed the goods would be used for testing and evaluation by the U.S. Army and implied that the Army would purchase large quantities of the manufacturers’ products depending on testing and evaluation, and his recommendation. HSI’s investigation revealed that Rupert solicited merchandise valued at approximately $35,000.00 from 37 manufacturers and distributors between July 2012 and May 2013.  Although Rupert relocated from Hondo, N.M., to Alton, Utah, in Oct. 2012, he unlawfully solicited approximately $32,000.00 of merchandise before moving to Utah.

The criminal complaint further alleges that Rupert continued his unlawful solicitation scheme when he moved to Utah, and that an investigation by Utah state authorities led to the discovery of three more manufacturers and distributors from whom Rupert unlawfully solicited merchandise.  In Oct. 2013, Utah authorities searched a trailer Rupert was towing as he was in the process of moving to Missouri and found merchandise sent to him by a number of the manufacturers who had responded to Rupert’s solicitations.

On Jan. 15, 2014, Rupert was indicted on three counts of unlawful solicitation and use of gifts.  According to the indictment in July 2012, Rupert solicited gifts and property from three companies by falsely claiming that they were for use by the U.S. Army.  At the time of the offenses charged in the indictment, Rupert was residing in Hondo.

On Feb. 21, 2014, Rupert pled guilty to the indictment without the benefit of a plea agreement.

This case was investigated by the Las Cruces office of HSI with assistance from the Kane County (Utah) Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Christopher Mathuren, 38, of Rio Rancho, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to methamphetamine trafficking and firearms charges.  Under the terms of his plea agreement, Mathuren will be sentenced to ten years in federal prison followed by not less than three years of supervised release.

The guilty plea 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.

During today’s proceedings, 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 is prosecuting the case.

ALBUQUERQUE – Lawrence Roybal, 53, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was arraigned today in federal court in Albuquerque, N.M., on an indictment charging him with assaulting a federal officer.  Roybal entered a not guilty plea to the indictment and was ordered detained pending trial which has yet to be scheduled.

Roybal was arrested in May 2015, on a criminal complaint charging him with assaulting an officer with a dangerous weapon.  According to the criminal complaint, Roybal attacked a Jicarilla Apache Tribal Police Officer with a pitchfork on May 11, 2015, in Dulce, N.M., which is within the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.  Roybal was subsequently indicted on June 9, 2015, and charged with assaulting a federal officer who was engaged in the performance of his official duties.  The indictment alleges that the tribal officer was commissioned as a special federal officer by the BIA at the time of the assault.

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

This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department.  Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.

ALBUQUERQUE – Carlos Davenport, 41, of El Paso, Texas, pleaded guilty today in federal court in Albuquerque, N.M., to methamphetamine trafficking and firearms charges.  Under the terms of his plea agreement, Davenport will be sentenced to 15 years in prison followed by a term of supervised release to be determined by the court.

Davenport and his co-defendant Luis Contreras, 20, of Albuquerque, were arrested on Dec. 13, 2014, in Bernalillo County, N.M., after law enforcement officers executed a consensual search on the vehicle in which Davenport and Contreras were traveling and found ten pounds of methamphetamine.  Davenport and Contreras 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 on Dec. 13, 2014, and using and carrying firearms in relation to a drug trafficking crime on Dec. 13, 2014.  All offenses took place in Bernalillo County.

During today’s proceedings, 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.  In entering his guilty plea, Davenport admitted that on Dec. 13, 2014, while traveling eastbound on Interstate 40, a law enforcement officer conducted a traffic stop on his vehicle.  He further admitted giving the officer consent to search the vehicle and that the officer found ten pounds of methamphetamine and two firearms during his search of the vehicle.  Davenport acknowledged that he and his co-defendant intended to distribute the methamphetamine to others and had the firearms in the vehicle for protection related to the methamphetamine.

Davenport has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not been scheduled.

Contreras has entered a not guilty plea to the indictment, and is currently scheduled for trial on Aug. 3, 2015.  Charges in complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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 are prosecuting the case.

ALBUQUERQUE – Marquis Pounds, 27, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with being a felon in possession of a firearm and ammunition.  The federal charges were 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, Chief Naithan Gurule of the Los Lunas Police Department, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.

The criminal complaint alleges that Pounds unlawfully possessed a firearm and ammunition on June 5, 2015, in Bernalillo County, N.M.  According to the criminal complaint, law enforcement officers executed search warrants on Pounds’ residence in northeast Albuquerque and seized a revolver and ammunition.  Subsequent investigation revealed that revolver and ammunition had been reported stolen from a pawn shop in Los Lunas, N.M.  According to court documents, in Pounds was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving or transferring a stolen vehicle, possession of narcotics with intent to distribute, conspiracy to possess narcotics with intent to distribute, and embezzlement.

Pounds was arrested on June 5, 2015, on related state charges and remained in state custody until today when he was transferred to federal custody.  The state charges against Pounds will be dismissed in favor of federal prosecution.

If convicted of the charge in the criminal complaint, Pounds faces a statutory maximum penalty of ten years in federal prison.  If the court determines that Pounds 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 mere accusations.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque office of the Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Los Lunas Police Department with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney Presiliano A. Torrez 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 and Valencia Counties, under this initiative.

ALBUQUERQUE – Eric Chino, 33, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 36 months in federal prison followed by five years of supervised release for his abusive sexual contact conviction. Chino will also be required to register as a sex offender following his incarceration.

Chino was arrested on Nov. 26, 2014, on an indictment alleging that Chino sexually assaulted an Acoma Pueblo woman on June 24, 2012, in Acoma Pueblo within Cibola County, N.M.

On March 12, 2015, Chino pled guilty to a felony information charging him with abusive sexual contact.  In entering the guilty plea Chino admitted engaging in and attempting to engage in sexual contact with the victim by force.  He admitted forcefully touching the victim’s breast and genitals despite the victim’s demands that he stop.

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney David Adams.

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 –Brandon Warford, 32, of Roswell, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 37 months in prison followed by two years of supervised release for being a felon in possession of firearms.

Warford was arrested on federal charges on Aug. 5, 2014, in Roswell, N.M., under a criminal complaint charging him with being a felon in possession of firearms.  According to the complaint, the Roswell Police Department (RPD) was notified by the Roswell Independent School District that Warford was carrying a firearm during a high school graduation ceremony.  In response to questioning by the RPD, Warford admitted that he possessed a firearm during the graduation ceremony.  At the time, Warford was prohibited from possessing firearms or ammunition because he previously had been convicted for being a felon in possession of a firearm in 2008 and burglary in 2002.

Warford was indicted on Oct. 16, 2014, and charged with being a felon in possession of a firearm and ammunition on May 24, 2014, in Chaves County, N.M.  Warford pled guilty to the indictment on Jan. 7, 2015, without the benefit of a plea agreement.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco and Firearms and Explosives, the Roswell Police Department and the Roswell Independent School District.  Assistant U.S. Attorney Maria Y. Armijo of the Las Cruces branch office of the U.S. Attorney’s Office prosecuted this case.

ALBUQUERQUE – Jerrick Blake, 22, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty this morning in Las Cruces, N.M., to a voluntary manslaughter charge.

According to court filings, Blake killed the victim on the afternoon of Nov. 3, 2014, by stabbing him in the chest with a knife.  The crime occurred during an argument between Blake and the victim on the Mescalero Apache Reservation in Otero County, N.M.

During today’s proceedings, Blake pled guilty to a felony information charging him with voluntary manslaughter.  In entering his guilty plea, Blake admitted killing the victim by stabbing him in the chest during a sudden quarrel.

At sentencing, Blake faces a statutory maximum penalty of 15 years in prison followed by at least three years of supervised release.  Blake has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.

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

ALBUQUERQUE – Christopher Jason Kidd, 38, of Clovis, N.M., was sentenced today in Albuquerque, N.M., to 78 months in prison for his methamphetamine trafficking conviction.  Kidd will be supervised release for five years after completing his prison sentence.

Kidd and his three co-defendants, Tina Tafoya, 33, and John Jesse Perez, Jr., 46, both of Clovis, N.M., and Jeannette Driever, 37, 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.

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.

Driever and Perez 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.  Driever admitted that she and Perez obtained quantities of methamphetamine from Kidd and Tafoya and then distributed the methamphetamine to others.  Perez acknowledged participating in a methamphetamine trafficking conspiracy that involved Driever, Kidd, Tafoya and 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’s co-defendants remain in federal custody pending their sentencing hearings, which have not been scheduled.  Under the terms of their plea agreements, they will be sentenced to serve the following prison sentences:  Tafoya will be sentenced to 78 months; Driever will be sentenced to 60 months; and Perez will be sentenced to 36 months.  Each will serve a five year term of supervised release after completing his or her prison sentence.

This case was investigated by the Las Cruces 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.SAttorney Nicholas Jon Ganjei is prosecuting the case.

ALBUQUERQUE – A former corrections officer was sentenced this morning in federal court in Las Cruces, N.M., for conspiring to distribute heroin, methamphetamine and cocaine within the Doña Ana County Detention Center (DACDC).  Francisco Balderrama, 27, of El Paso, Texas, was sentenced to a year and a day in federal prison followed by three years of supervised release.

Balderrama was arrested on Oct. 6, 2014, on a criminal complaint charging him with conspiracy to distribute narcotics and providing contraband in a prison facility.  The criminal complaint alleged that Balderrama conspired with co-defendants Virginia Aguirre, 54, and Delilah Morales, 23, both of Deming, N.M., and Brittany Huerta, 25, of Las Cruces to smuggle drugs and other contraband into the DACDC in June 2013.  An investigation by DACDC officers revealed that Balderrama was conspiring with Aguirre, Morales and Huerta to smuggle drugs and drug paraphernalia into the DACDC for two federal inmates who were being held at the Detention Center.  Balderrama, Aguirre, Huerta and Morales subsequently were indicted on Jan. 14, 2015, and charged with conspiracy to distribute heroin, methamphetamine and cocaine.

Balderrama pled guilty to the indictment on March 31, 2015, and admitted that from June 3, 2013 through June 16, 2013, two inmates arranged for him to meet with Aguirre and Morales for the purpose of receiving a package containing drugs and other contraband together with a smuggling fee of $300.00 that was provided by Huerta.  Balderrama also admitted that on June 16, 2013, Morales delivered the package of drugs and drug paraphernalia to him, and that he delivered the drugs and contraband to two inmates who were being held at the DACDC.

Aguirre, Huerta and Morales also entered guilty pleas in March 2015.  Each admitted that from June 3, 2013 through June 16, 2013, they conspired with each other to provide a package containing heroin, cocaine, methamphetamine and other contraband to Balderrama on the evening of June 16, 2013, with the understanding that he would smuggle the package into the DACDC in exchange for a $300.00 fee.

Huerta was sentenced on June 9, 2015 to time served and a year of supervised release.  Morales is scheduled for sentencing on June 23, 2015;  Aguirre’s sentencing hearing has yet to be scheduled.  At sentencing, Morales and Aguirre each face a statutory maximum penalty of 20 years in prison followed by not less than three years of supervised release.

This case was investigated by the Las Cruces office of the U.S. Marshals Service, the Doña Ana County Detention Center and the New Mexico State Police.  Assistant U.S. Attorney Edwin Garreth Winstead, III, is prosecuting the case.

ALBUQUERQUE—William Arviso, 57, of Carlsbad, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to a two-year term of probation for submitting false and fraudulent claims to the Veteran’s Affairs Medical Center (VAMC) in Albuquerque.  Arviso was also ordered to pay $13,613.66 in restitution to VAMC which represents the money he fraudulently obtained from the VAMC.

Arviso pled guilty on Nov. 7, 2014, to a felony information charging him with ten counts of theft of government property.  In entering the guilty plea, Arviso admitted that from Sept. 27, 2011 through Jan. 25, 2012, he submitted false travel claims to the VAMC and received monetary reimbursement for travel that he was not entitled to.

This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Divisions and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.

ALBUQUERQUE – Tomas Bustamante-Machado, 51, a Mexican national who had been illegally residing in Phoenix, Ariz., was sentenced today in Albuquerque, N.M., to 41 months in federal prison for his heroin trafficking conviction.  He will be deported after he completes his prison sentence. 

Bustamante-Machado was arrested on Jan. 16, 2015, in Bernalillo County, N.M., after the New Mexico State Police found approximately 1286 grams (2.8 pounds) of heroin hidden in his vehicle during a routine traffic stop.  The heroin was concealed in an altered compartment in the back seat of Bustamante-Machado’s vehicle.   According to court documents, at the time of his arrest, Bustamante-Machado was out of prison on an immigration bond pending a deportation hearing.  Bustamante-Machado subsequently was indicted on Feb. 10, 2015, and charged with possession of heroin with intent to distribute.

On March 17, 2015, Bustamante-Machado pled guilty to the indictment and admitted that on Jan. 16, 2015, while traveling from Phoenix, he was stopped by law enforcement and found to be in possession of more than one kilogram of heroin which had been concealed in a secret compartment in the vehicle he was driving.  He further admitted that the heroin was intended for another person.

This case was investigated by the Border Enforcement Security Task Force (the BEST Team) of the Albuquerque office of HSI and the New Mexico State Police.

The case was prosecuted by Assistant U.S. Attorney William J. Pflugrath as 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., pleaded guilty this morning in Albuquerque, N.M., to a misdemeanor information charging her with assaulting an Indian woman.

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 alleged 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.

During today’s proceedings, Sarracino entered a guilty plea to a misdemeanor information and admitted assaulting the victim by striking her with her hands on the victims 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.

At sentencing, Sarracino faces a statutory maximum penalty of 12 months in federal prison and up to one year of supervised release.  A sentencing hearing has yet to be scheduled.

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 is prosecuting 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 – On April 29, 2015, federal and local officials announced the filing of four indictments alleging that six defendants robbed retail pharmacies in Albuquerque, N.M., to illegally obtain Oxycodone and other highly addictive opioid painkillers.  At the time, three of the defendants were fugitives.  The last of the three fugitives, Blake Gallardo, 22, of Albuquerque, N.M., was arrested last night.  Gallardo made his initial appearance in federal court this morning on Indictment 15-CR-1504-JB, charging him and a co-defendant.

The four indictments announced on April 29, 2015, charged Gallardo and the following five Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies:  Roy Christopher, 28, Valentin Garcia, 22, Victor Hurtado, 20, and Joseph Montano, 22.  At the time, Duran, Gallardo and Garcia had not been arrested and were considered fugitives.  Since then, Garcia was arrested on May 21, 2015, and Duran was arrested the next day.

The indictments allege violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.  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 creates 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.

Indictment 15-CR-1504 charges Gallardo and Duran 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 robbery involving controlled substance; (4) violating the Safe Doses Act by theft of medical products; and (5) possession of Oxycodone with intent to distribute.  The charges against Gallardo and Duran arise out of the armed robbery of a Walgreens Pharmacy on Jan. 30, 2015.

Hurtado, Montano and Garcia are separately charged in two indictments with the same five crimes as Gallardo and Duran.  Hurtado and Montano are charged in Indictment 15-CR-1506-JB, based on the armed robbery of a Smith’s Pharmacy on Jan. 6, 2015, and Garcia is charged in Indictment 15-CR-1505-JB, based on the armed robbery of a Walgreens Pharmacy on Jan. 6, 2015.

Christopher is charged in Indictment 15-CR-1504-JB, with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) violating the Safe Doses Act by theft of medical products; and (3) possession of Oxycodone with intent to distribute.  The charges against Christopher arise out of the robbery of a CVS Pharmacy on Aug. 14, 2014.

The charges in the indictments carry the following statutory maximum penalties on conviction:  Hobbs Act – 20 years of imprisonment; robbery of controlled substances – 25 years of imprisonment; Safe Doses Act – 30 years of imprisonment; possession of Oxycodone with intent to distribute – 20 years in prison.  The statutory maximum penalty for a conviction for brandishing a firearm during a crime of violence is a mandatory seven years in prison to be served consecutive to any prison sentence on the other sentence imposed on the other charges.

The defendants have entered not guilty pleas to the charges against them.  They remain in federal custody pending trial.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

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.

ALBUQUERQUE – Francisco Mejia, 43, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating federal narcotics trafficking laws.  Under the terms of his plea agreement, Mejia will be sentenced to 46 months in prison followed by a term of supervised release to be determined by the court.

Mejia was arrested on March 17, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm on Feb. 24, 2015, in Chaves County, N.M.  According to the complaint, the New Mexico State Police executed a search warrant on Mejia’s residence and vehicles where they seized approximately 29.53 grams of methamphetamine, $5,240.00 in cash, a pistol, ammunition, and drug paraphernalia.  At the time, Mejia was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance and being a felon in possession of a firearm.

During today’s proceedings, Mejia pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  Mejia admitted that on Feb. 24, 2015, he possessed approximately 29.53 grams of methamphetamine with intent to distribute.  Mejia remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Roswell office of the FBI, the Chaves County Sheriff’s Office and the New Mexico State Police.  Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Crystal Staggs, 53, of Albuquerque, N.M., was sentenced today in federal court to 63 months in federal prison followed by three years of supervised release for her Oxycodone trafficking conviction.

Staggs was arrested on Aug. 28, 2012, on a criminal complaint charging her with distributing and attempting to distribute Oxycodone to an undercover DEA agent on four occasions from June 13, 2012 through Aug. 28, 2012, in Bernalillo County, N.M.  According to the complaint, Staggs sold Oxycodone to the undercover agent as follows:  48 30-mg Oxycodone pills and four 15-mg Oxycodone pills for $1,000.00 on June 13, 2012; 100 30-mg Oxycodone pills for $1,800.00 on June 27, 2012; and 87 30-mg Oxycodone pills and six 15-mg Oxycodone pills for $1,800.00.  Staggs was arrested on Aug. 28, 2012, when she attempted to sell 100 30-mg Oxycodone pills to the undercover agent; the pills were in her possession when she was arrested.

In Sept. 2012, Staggs was indicted and charged with three counts of distribution of Oxycodone and one count of possession of Oxycodone with intent to distribute.

On April 8, 2015, Staggs pled guilty to the four-count indictment and admitted to distributing an aggregate of 10.2 grams of Oxycodone to an undercover DEA agent from June 13, 2012 through Aug. 28, 2012.

This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office and was prosecuted by Assistant U.S. Attorney Shammara Henderson.  DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

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

ALBUQUERQUE – Manuel Chavez, 33, of Albuquerque, N.M., was sentenced this afternoon in federal court to 180 months in prison followed by four years of supervised release for his methamphetamine trafficking and firearms conviction.

The sentence 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, Chief Gorden Eden, Jr., of the Albuquerque Police Department, and Bernalillo County Sheriff Manuel Gonzales III.

U.S. Attorney Martinez said that Chavez 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.

Chavez was arrested on April 29, 2014, on a four-count indictment charging him with two counts of being a felon in possession of a firearm and ammunition, one count of possession of methamphetamine with intent to distribute, and one count of using a firearm in relation to a drug trafficking crime.  The indictment alleged that Chavez committed the crimes on Sept. 30, 2013 and Oct. 24, 2013, in Bernalillo County, N.M.  According to court filings, Chavez was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including conspiracy to possess methamphetamine with intent to distribute, contributing to the delinquency of a minor, aggravated assault against a household member, possession of a controlled substance, attempting to bring contraband into a prison, and aggravated fleeing from a law enforcement officer.

On Dec. 19, 2014, Chavez pled guilty to possession of methamphetamine with intent to distribute and carrying a firearm in furtherance of a drug trafficking crime.  In entering his guilty plea, Chavez admitted that on Oct. 24, 2013, he possessed more than 50 grams of methamphetamine with intent to distribute.  Chavez also admitted that on the same day, he used and carried two semiautomatic pistols and a semiautomatic rifle in furtherance of a drug trafficking crime.

The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office, with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Kimberly A. Brawley and Sarah Jane Mease prosecuted the case.

ALBUQUERQUE – James Barela, 41, of Santa Fe, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to participating in a conspiracy to distribute Buprenorphine, more commonly known as “Suboxone,” in violation of the federal narcotics laws.  Under the terms of his plea agreement, Barela will be sentenced to 12 months and one day in federal prison followed by at least two years of supervised release.

Barela was arrested on March 12, 2015, on an indictment charging him and co-defendant Edward Owens, 20, 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.

During today’s change of plea hearing, 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.

Barela remains in custody pending a sentencing hearing which has yet to be scheduled.  At sentencing, Barela faces a statutory maximum sentence of five years imprisonment.

Owens has entered a plea of not guilty to the indictment.  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.  Assistant U.S. Attorney Shaheen P. Torgoley is prosecuting 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 – A federal grand jury has returned an indictment charging Andrew Steven Romero, 28, of Albuquerque, N.M., with violating the federal firearms laws by unlawfully possessing a firearm and ammunition.  The indictment was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Romero initially was charged with violating the federal firearms laws in a criminal complaint filed on May 29, 2015.  The complaint alleged that Romero unlawfully possessed a firearm and ammunition on May 25 and May 26, 2015, in Bernalillo County, N.M.  At the time, Romero was prohibited from possessing either firearms or ammunition because he previously has been convicted of multiple felony offenses, including voluntary manslaughter, tampering with evidence, aggravated assault with a deadly weapon, contributing to the delinquency of a minor, possession of a destructive device by a felon, heroin trafficking, and receiving or transferring a motor vehicle.

The single count indictment filed by the federal grand jury on June 9, 2015, charges Romero with being a felon in possession of a firearm on May 25, 2015, in Bernalillo County.

Romero was arrested on May 26, 2015, on related State charges and currently is in State custody.  He will be transferred to federal custody to answer to the federal indictment.

If convicted of the charge in the criminal complaint, Romero faces up to ten years in federal prison.  If the court determines that Romero 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 and indictments are merely accusations.  Defendants are presumed innocent unless found guilty in a court of law.

Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the federal case, which was investigated by a multi-jurisdictional team that includes the Albuquerque offices of the FBI and ATF and the Multi-Agency Officer Involved Shooting Task Force, which is comprised of officers from the Albuquerque Police Department, the Bernalillo County Sheriff’s Office, the New Mexico State Police and the Rio Rancho Police Department.  The 13th Judicial District Attorney’s Office assisted in the investigation of the federal case.

Romero 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 – Ernesto Flores, 43, of Hagerman, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating federal drug trafficking laws.

Flores was arrested on March 12, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Feb. 4, 2015, in Eddy County, N.M.  According to the criminal complaint, on that day, the Pecos Valley Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eddy County Sheriff’s Office executed a search warrant on a storage room and garage belonging to Flores.  The officers seized an AK-47, two handguns, a stolen handgun, $4,900.00 in cash, drug paraphernalia and approximately 296.52 grams of methamphetamine.

During today’s proceedings, Flores pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  Flores admitted that he possessed approximately 296.52 grams of methamphetamine on Feb. 4, 2015.

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

This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force, the Chaves County Metro Narcotics Task Force and the Eddy County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.

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

ALBUQUERQUE – Bethzabeth Guadalupe Castro-Gallegos, 32, of Phoenix, Ariz., made her initial appearance this morning in federal court in Albuquerque, N.M., on a criminal complaint charging her with possession of methamphetamine and heroin with intent to distribute.  Castro-Gallegos remains in federal custody pending a preliminary hearing and a detention hearing which are scheduled for tomorrow.

Castro-Gallegos was arrested yesterday after DEA agents allegedly seized approximately 5.28 pounds of methamphetamine and 4.84 pounds of heroin from her baggage during a consensual search at the Amtrak Train Station in Albuquerque.

If convicted on the charges in the criminal complaint, Castro-Gallegos faces a statutory minimum penalty of ten years and a maximum of life in federal prison.  Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles.  Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.

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

ALBUQUERQUE – A previously deported felon from Mexico was sentenced today in federal court in Albuquerque, N.M., to 80 months in federal prison for his conviction for unlawfully reentering the United States.  He will be deported after completing his prison sentence.

Rene Gonzalez-Chavez, 33, of Chihuahua, Mexico, was charged on Sept. 24, 2014, in a criminal complaint with illegally reentering the United States after having been convicted of an aggravated felony.  Gonzalez-Chavez had previously been deported from the United States on April 28, 2010, after he was convicted in April 2006, of multiple aggravated felonies including aggravated assault with a deadly weapon on a peace officer, attempt to commit a felony, aggravated burglary with a deadly weapon, conspiracy to commit an aggravated burglary, and aggravated assault against a household member with a deadly weapon and resisting an officer.

Gonzalez-Chavez was subsequently indicted on Dec. 3, 2014, and charged with unlawful re-entry into the United States.  The offense took place in Bernalillo County, N.M.

On Jan. 22, 2015, Gonzalez-Chavez pled guilty to the indictment without the benefit of a plea agreement.

This case was investigated by the Albuquerque office of Homeland Security Investigations and the Albuquerque Police Department.  Assistant U.S. Attorney Lynn Wei-Yu Wang is prosecuting this case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Christopher J. Cleveland, 35, a resident of Las Cruces, N.M., pled guilty today in federal court to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.

Cleveland and co-defendant Eric G. Acosta, 28, also of Las Cruces, were arrested in July 2014, on a criminal complaint charging them with possession of methamphetamine with intent to distribute, using a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon.  The complaint alleged that during a routine traffic stop on June 23, 2014, officers of the Las Cruces Police Department discovered approximately 889.2 grams of methamphetamine, a firearm and drug paraphernalia inside a vehicle driven by Acosta and in which Cleveland was a passenger.  It further alleged that Cleveland and Acosta had traveled from Arizona, where they obtained the methamphetamine, to Las Cruces in Doña Ana County, N.M., where they intended to distribute the drugs.

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

During today’s proceedings, Cleveland admitted to conspiring with Acosta to possess methamphetamine with intent to distribute and possession of methamphetamine with intent to distribute on June 23, 2014, in Doña Ana County.

On May 14, 2015, Acosta pled guilty to the conspiracy charge, the substantive methamphetamine trafficking charge, and to being a felon in possession of a firearm.  Acosta entered his guilty plea without the benefit of a plea agreement.

At sentencing, Acosta and Cleveland each face a statutory mandatory minimum of ten years in federal prison.  Both men remain in custody pending sentencing hearings, which have yet to be scheduled.

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

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

ALBUQUERQUE –Pawan Kumar Jain, 62, of Las Cruces, N.M., was arraigned this morning in Las Cruces federal court on a 114-count superseding indictment which alleges that, among other crimes, Jain’s over-prescribing of opioid pain medication resulted in the deaths of four patients.  Jain entered a not guilty plea this morning to the superseding indictment; he remains in custody pending trial.  The filing of the superseding indictment was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.

Jain initially was charged in a 111-count indictment filed on April 16, 2014.  The indictment charged Jain with 61 counts of unlawfully dispensing controlled substances and 50 counts of healthcare fraud. The superseding indictment, which was filed on May 20, 2015, adds two new counts of the unlawful dispensing of controlled substances resulting in death and a new count of healthcare fraud resulting in death, for a total of 63 dispensing charges and 51 healthcare fraud charges.   According to the superseding indictment, Jain allegedly committed the offenses charged between April 2009 and June 2010, in Doña Ana County, N.M.  During that period, Jain was a licensed physician with a neurology subspecialty who operated a pain management medical practice in Las Cruces.  Jain’s medical license was suspended in June 2012 and subsequently revoked in Dec. 2012 by the New Mexico Medical Board.

Each of the 63 dispensing charges in the superseding indictment alleges that Jain unlawfully dispensed prescription painkillers, primarily Oxycodone and methadone, to patients outside the usual course of medical practice and without a legitimate medical purpose.  The maximum statutory penalty for a conviction on each of the 63 dispensing charges is 20 years in prison and a $1,000,000.00 fine.

The 51 healthcare fraud charges allege that Jain engaged in a scheme to defraud two health care benefit programs, Medicare and Medicaid, by causing claims to be submitted for payment for prescription medications he dispensed to patients outside the usual course of medical practice and without legitimate medical purpose.  The maximum statutory penalty for a conviction on each of the health care fraud charges is ten years in prison and a $250,000.00 fine.

Seven counts in the superseding indictment, Counts 1 through 7, expose Jain to enhanced sentencing because the criminal conduct charged allegedly resulted in the deaths of four patients.   Those Counts contain the following allegations:

• Counts 1 and 2 – that Jain’s unlawful dispensing of prescription painkillers, 270 tablets of methadone (10 mg), and fraudulent conduct in late Nov. 2009, resulted in the death of a patient identified by the initials “M.E.B” on Dec. 25, 2009.  

• Counts 3 and 4 – that Jain’s unlawful dispensing of prescription painkillers, 120 tablets of oxycodone (30 mg), and fraudulent conduct on July 27, 2010, resulted in the death of a patient identified by the initials “N.D.” on July 29, 2010. 

• Count 5 – that Jain’s unlawful dispensing of prescription painkillers, 90 tablets of morphine sulfate (60 mg), in June 2010, resulted in the death of a patient identified by the initials “R.B.” on Aug. 14, 2010.

• Counts 6 and 7 – that Jain’s unlawful dispensing of prescription painkillers, 180 tablets of oxycodone (30 mg), and fraudulent conduct on June 14, 2010, resulted in the death of a patient identified by the initials “T.B.” on June 18, 2010. 

The enhanced penalty for a conviction on each of Counts 1, 3, 5 and 6, which allege the unlawful dispensing of a controlled substance resulting in death, is a statutory mandatory minimum 20 years in prison and a maximum of life in prison.The enhanced statutory maximum penalty for a conviction on each of Counts 2, 4 and 7, which allege healthcare fraud resulting in death, is life imprisonment.

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

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

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative 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.

Charges in indictments are merely accusations, and defendants are presumed innocent unless proven guilty.

ALBUQUERQUE – Assistant U.S. Attorney David Adams of the U.S. Attorney’s Office (USAO) in the District of New Mexico was one of 160 members of the Department of Justice recognized by Attorney General Loretta Lynch, Deputy Attorney General Sally Quillian Yates, and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 31st Director’s Awards Ceremony today in Washington D.C.

The District of New Mexico was one of 31 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.   U.S. Attorney Damon P. Martinez joined Attorney General Lynch and Deputy Attorney General Yates in recognizing Mr. Adams for his outstanding service as a Tribal Special Assistant U.S. Attorney (Tribal SAUSA) to tribal communities and Native American women in New Mexico.

In her prepared remarks, Attorney General Lynch told the awardees, “Our honorees include career executives and supervisors; Assistant U.S. Attorneys and Special Assistant U.S. Attorneys; appellate attorneys and law enforcement officials; administrators, paralegals, and public affairs officers," said Attorney General Lynch.  "These individuals, and so many others, have faced daunting and sometimes dangerous challenges.  They have dedicated their leadership and their expertise, their time and their energy, to the service of their mission.  And they have remained devoted, at all times, to the high ideals and deeply-held values that animate our country and our cause."

Attorney General Lynch commended Mr. Adams for his significant contributions to enhancing public safety in Indian Country and his commitment to combating violence against Native American women.  In his capacity as the Tribal SAUSA for New Mexico, Mr. Adams was responsible for developing and implementing the USAO’s Tribal SAUSA Pilot Project, one of five pilot projects sponsored and funded by the Justice Department’s Office on Violence Against Women (OVW).  Mr. Adams’ responsibilities as Tribal SAUSA included investigating and prosecuting crimes against Native American women and children.  He also trained tribal prosecutors and tribal, local, state and federal officers in federal law, procedure and investigative techniques to increase the likelihood that every viable crime of domestic violence, dating violence, sexual assault, and stalking offense against Native American women and children is prosecuted in either federal court or tribal court, or both.

“This award is a fitting recognition of David Adams’ extraordinary contributions to tribal communities and Native American women in New Mexico,” said U.S. Attorney Damon P. Martinez.  “Domestic violence and sexual assault are human rights issues, and the violence perpetuated against Native American women is epidemic.  It is the right of every Native American woman to be free of fear, to be free of violence, and to be free of ever having to be a victim.  OVW’s Tribal SAUSA Pilot Project enabled the USAO prioritize the prosecution of violent offenses against Native American women.  David embraced the Project and has become a major player in the Justice Department’s effort to bring justice to Native American women.”

Mr. Adams, a member of the Sault St. Marie Tribe of Chippewa Indians in Michigan, graduated from the University of New Mexico School of Law in 2007.  He was the chief prosecutor for the Pueblo of Laguna, N.M., from 2007 to 2012.  Mr. Adams became the USAO’s Tribal SAUSA in 2012 and served in that role until Oct. 2014, when he was sworn in as an Assistant U.S. Attorney.  Mr. Adams is assigned to the USAO’s Indian Country Crime Section, where he continues to do the important work for which he was recognized today.

 EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.

ALBUQUERQUE – Salvador Murillo Vasquez, 34, of Silver City, N.M., pleaded guilty yesterday in federal court in Las Cruces, N.M., to violating the federal firearms laws.  Under the terms of his plea agreement, Vasquez will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.

The guilty plea was announced by U.S. Attorney Damon P. Martinez, 6th Judicial Attorney Francesca Martinez-Estevez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Marshal Conrad E. Candelaria for the District of New Mexico, and Cabinet Secretary Gregg Marcantel of the New Mexico Corrections Department.

Vasquez was arrested on Nov. 13, 2014, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Feb. 5, 2014, in Grant County, N.M.  According to the complaint, on that day, law enforcement officers searched Vasquez’s residence pursuant to the terms of his probation on a state conviction and seized a firearm and ammunition.  At the time, Vasquez had absconded from his state probation term.  In addition, Vasquez was prohibited from possessing firearms or ammunition because he previously had been convicted of accessory to shooting from a motor vehicle resulting in great bodily injury, burglary of a house and distribution of marijuana.  Vasquez was subsequently indicted on Feb. 18, 2015, and charged with being a felon in possession of a firearm and ammunition.

Vasquez was arrested on the federal charge after the 6th Judicial District Attorney’s Office concluded state judicial proceedings relating to Vasquez’s violation of the terms of his state probationary terms.

During yesterday’s proceedings, Vasquez pled guilty to a felony information charging him with possession of a stolen firearm.  In entering the guilty plea, Vasquez admitted that on Feb. 5, 2014, in Grant County he possessed a firearm which he knew or had reasonable cause to believe was stolen.

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

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service, and the Probation and Parole Division of the New Mexico Corrections Department, with assistance from the 6th Judicial District Attorney’s Office.

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

ALBUQUERQUE – Casey Wayne Stallings, 30, of Kirtland, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., for his conviction on methamphetamine trafficking and firearm charges.  Stallings was sentenced to 15 years in federal prison followed by five years of supervised release.

U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Commander Kyle Dowdy of the Region II HITDA Narcotics Task Force noted that Stallings 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.

Stallings and his co-defendant, Jessica Chance Lucero, 25, of Albuquerque, were arrested on May 22, 2014, on an indictment charging them with methamphetamine trafficking and firearms charges.  Counts 1 and 2 charged Stallings and Lucero with conspiracy and possession of methamphetamine with intent to distribute.  Count 3 charged them with using and carrying a firearm in relation to a drug trafficking crime. Counts 4 and 5 respectively charged Stallings and Lucero with being felons in possession of a firearm.  According to the indictment, the defendants committed the five offenses in San Juan County, N.M., on Jan. 27, 2014.

On Feb. 11, 2015, Stallings pled guilty to Counts 2 and 3 of the indictment.  In his plea agreement, Stallings admitted that he was a drug dealer and that on Jan. 27, 2014, he possessed a large quantity of methamphetamine at his residence that he intended to sell to his drug customers.  Stallings also admitted keeping a firearm in his residence for the purpose of protecting himself from drug customers and other drug dealers who might try to rob him.  He also acknowledged that he was prohibited from possessing firearms or ammunition due to his previous felony convictions for robbery, possession of a controlled substance, possession of marijuana, and aggravated assault with a deadly weapon.

Lucero also pled guilty on Feb. 11, 2015.  Lucero entered a guilty plea to a felony information charging her with misprision of a felony, and admitted that on Jan. 27, 2014, she failed to report to law enforcement that Stallings was committing federal felony offenses at their residence.  More specifically, she admitted knowing that Stallings was selling methamphetamine out of their residence and that he possessed a firearm despite his status as a convicted felon.  Lucero was sentenced to five years of probation.

This case was investigated by the Albuquerque office of Homeland Security Investigations and the Region II HIDTA Narcotics Task Force, and was prosecuted by Assistant U.S. Attorneys Lynn Wei-Yu Wang and Samuel A. Hurtado.

The Region II HIDTA Narcotics Task Force is comprised of officers from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department.  It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which 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 – Jose Rios, 32, of Albuquerque, N.M., pleaded guilty this morning in federal court to federal carjacking and firearms charges.  Under the terms of his plea agreement, Rios will be sentenced to 15 years in prison followed by a term of supervised release to be determined by the court.

The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.

Rios was indicted on Dec. 17, 2013, and charged with three counts of being a felon in possession of firearms and ammunition (May 9, 2013, July 23, 2013, and Aug. 15, 2013); one count of carjacking on Aug. 14, 2013; and one count of brandishing a firearm during a crime of violence on Aug. 14, 2013.  According to the indictment, Rios committed the five crimes in Bernalillo County, N.M.  At the time, Rios was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses, including the unlawful taking of a vehicle, aggravated fleeing from a law enforcement officer, and conspiracy to unlawfully take a vehicle.

Rios was arrested on the federal charges on May 9, 2014, after he was transferred to federal custody from state custody where he was facing related state charges.  The state charges were dismissed in favor of federal prosecution.

During today’s proceedings, Rios pled guilty to Counts 1, 3 and 4 of the indictment which charged him with being a felon in possession of a firearm and ammunition, carjacking and brandishing a firearm during a crime of violence.  In entering the guilty plea, Rios admitted that on May 9, 2013, he unlawfully possessed a revolver and ammunition in Bernalillo County.  Rios further admitted that on Aug. 14, 2013, he committed a carjacking when he brandished a firearm at another person so that he could take the person’s vehicle.

Rios 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 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.  It is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado 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 – A career offender who was prosecuted under the federal “worst of the worst” anti-violence initiative was sentenced this afternoon in federal court for his conviction on bank robbery and firearms charges arising out of the Feb. 19, 2014, armed robbery of the First Financial Credit Union (the bank) located at 2929 Coors Blvd in Albuquerque, N.M.

Devin Jasperse, 31, of Albuquerque, N.M., was sentenced to 188 months in federal prison for the bank robbery conviction and an additional seven years in prison for brandishing a firearm during the robbery.  Because the seven-year sentence on the firearms charge must be served consecutive to the 188 month sentence on the bank robbery charge, Jasperse will serve 272 months in prison followed by five years of supervised release.  Jasperse was also ordered to pay restitution to the bank that was the victim of his crime.

 U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department noted that Jasperse 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.

Jasperse was arrested on March 27, 2014, on a criminal complaint charging him with the armed robbery of the bank on Feb. 19, 2014, and with brandishing a firearm during a crime of violence.  Jasperse subsequently was indicted on the same charges in a two-count indictment on April 23, 2014.

On March 5, 2015, Jasperse pled guilty to both counts of the indictment and admitted robbing the bank at gunpoint.  Jasperse admitted climbing over the teller counter, and yelling that he was committing a bank robbery and that he had a gun.  After three bank tellers complied with his demands for cash, Jasperse climbed back over the teller counter and ran out of the bank with the cash.  In entering his guilty plea, Jasperse also admitted that he disposed of the gun he used in the armed bank robbery and that he had stashed another firearm at an apartment which was later seized by law enforcement.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department.  Assistant U.S. Attorney Lynn Wei-Yu Wang is prosecuting this case.

ALBUQUERQUE – Marcos Anthony Correa, 30, of San Bernardino, Calif., entered a guilty plea today in federal court in Albuquerque, N.M., to methamphetamine trafficking and firearms charges.  Under the terms of his plea agreement, Correa will be sentenced within the range of 180 to 300 months followed by a term of supervised release to be determined by the court.

The guilty plea was announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Pete N. Kassetas of the New Mexico State Police.          

Correa was charged in a four-count indictment filed on Aug. 12, 2014, with (1) possession of methamphetamine with intent to distribute, (2) possession of heroin with intent to distribute, (3) possession of a firearm in relation to a drug trafficking crime, and (4) being a felon in possession of a firearm.  The indictment was subsequently superseded on Sept. 9, 2014, to reflect an increase of the quantity of methamphetamine involved in Count 4.

According to the superseding indictment, Correa committed the offenses on May 30, 2014, in Colfax County, N.M.  At the time, Correa was prohibited from possessing firearms or ammunition because he previously had been convicted of multiple felony offenses, including evading a peace officer, possession of a controlled substance for sale, transporting a controlled substance with a participation in a criminal street gang enhancement and possession of heroin, resisting an officer.

Court records reflect that Correa was arrested on May 30, 2015, on related-state charges filed in the 8th Judicial District Court for the State of New Mexico (Colfax County, N.M.).  The state charges were dismissed after the federal charges were filed.

Today, Correa pled guilty to Counts 1 and 3 of the superseding indictment, which charged him with possession of methamphetamine with intent to distribute and possession of a firearm in relation to a drug trafficking crime.  In entering the guilty plea, Correa admitted that on May 30, 2014, he possessed 87.3 grams of 100% pure methamphetamine that he intended to deliver to another person.  He further admitted possessing a semiautomatic pistol and ammunition in order to protect himself and his drugs in the event someone tried to rob him.

Correa has been in custody since his arrest and will remain detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque offices of the DEA and Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police, with assistance from the 8th Judicial District Attorney’s Office.

Assistant U.S. Attorney Samuel A. Hurtado is prosecuting this case 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.

ALBUQUERQUE – Two brothers, enrolled members of the Navajo Nation who reside in Crownpoint, N.M., were sentenced yesterday in federal court in Albuquerque, N.M., for their convictions on assault charges arising out of the brutal attack on another Navajo man in Sept. 2014.  Gabriel Largo, 28, was sentenced to 37 months in federal prison followed by three years of supervised release.  His brother, Joshua Largo, 21, was sentenced to 24 months followed by a year of supervised release.

The Largo brothers and their co-defendant Michael Benally, 31, a Navajo man who resides in Littlewater, N.M., were arrested on Sept. 17, 2014, on a criminal complaint charging them with assaulting a 43-year-old Navajo man with a sledgehammer and a rock and causing the victim to suffer serious bodily injuries.  According to the complaint, the assault took place in the Crownpoint Chapter of the Navajo Nation in McKinley County, N.M., on Sept. 5, 2014.

The three defendants subsequently were indicted on Oct. 7, 2014, in a four-count indictment. Count 1 charged Benally with assaulting the victim and causing him serious bodily injury on July 30, 2014.  Count 2 charged Benally, Gabriel Largo and Joshua Largo with conspiring to assault the victim by chasing the victim, throwing rocks at him, kicking him, and striking him with a sledgehammer on Sept. 5, 2014.  Counts 3 and 4 charged the three defendants with assault resulting in serious bodily injury and assault with a dangerous weapon.

On March 5, 2015, Gabriel Largo pled guilty to a felony information charging him with assault.  In entering his guilty plea, he admitted that on Sept. 5, 2014, he and his co-defendants assaulted the victim.  When the victim ran away from them, Gabriel Largo and his co-defendants chased the victim, threw rocks at him and knocked him down.  In his plea agreement, Gabriel Largo admitted obtaining a sledgehammer from Benally and using it to strike the victim.

Joshua Largo also pled guilty to a felony information on March 5, 2015, and admitted his participation in a conspiracy to assault the victim.  Joshua Largo admitted joining his co-defendants in chasing the victim, throwing rocks at him and knocking him down, and hitting and kicking the victim.

Benally pled guilty on March 27, 2015, to a felony information charging him with conspiracy to commit assault resulting in bodily injury and assault with a dangerous weapon.  In entering his guilty plea, Benally admitted that on Sept. 5, 2014, he and his co-defendants approached the victim who was selling firewood.  When the victim ran away from them, the three defendants chased the victim, threw rocks at him and knocked him down.  The three men then hit and kicked the victim.  Benally admitted taking a sledgehammer from his truck and striking the victim in the legs with it with the intention of injuring and harming him.  At some point Benally handed the sledgehammer to Gabriel Largo who used it to strike the victim.

Benally remains in federal custody pending his sentencing hearing which is scheduled for on June 29, 2015.   At sentencing, Benally faces a maximum statutory penalty of ten years in federal prison followed by a term of supervised release to be determined by the court.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Linda Mott.

ALBUQUERQUE – Alcario DeLuna, 58, a non-Indian man from Hondo, Texas, pled guilty today in federal court in Albuquerque, N.M., to an indictment charging him with involuntary manslaughter and assault resulting in serious bodily injury.  The victims of DeLuna’s crimes were two Navajo men, one of whom died, and a Navajo woman.

DeLuna was indicted on June 26, 2013, and charged with killing an Indian man and assaulting an Indian man and woman and causing them to suffer serious bodily injuries.  According to the indictment, DeLuna committed these crimes while driving recklessly on May 21, 2011, in the Navajo Indian Reservation in San Juan County, N.M.

During today’s proceedings, DeLuna pled guilty to the indictment under a plea agreement with the U.S. Attorney’s Office.  In entering the guilty plea, DeLuna admitted that on May 21, 2011, he killed a male victim and caused another male victim and a female victim to suffer serious bodily injuries by driving a semi-tractor and trailer in excess of the speed posted for a construction zone and failing to pay attention to the stopped traffic in front of him and causing a collision.

At sentencing, DeLuna faces a statutory maximum penalty of ten years in prison followed by up to three years of supervised release.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Shiprock office of the Navajo Nation Department of Public Safety and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE—Keith E. Lucero, 27, a member and resident of Taos Pueblo, N.M., pled guilty this morning to an indictment charging him with involuntary manslaughter and assault resulting in serious bodily injury.  The guilty plea was entered in federal court in Albuquerque, N.M., without the benefit of a plea agreement.

Lucero was arrested on July 28, 2014, on an indictment charging him with killing an Indian man and assaulting another Indian man, causing him to suffer serious bodily injury on March 2, 2014.  The indictment alleged that Lucero committed these crimes while driving under the influence of alcohol in Indian Country in Taos County, N.M.

According to court filings, Lucero killed a Taos Pueblo man who was in Lucero’s vehicle during a crash in El Prado, N.M., while Lucero was under the influence of alcohol.  Another Taos Pueblo man who was also a passenger in the vehicle sustained serious bodily injuries as a result of the crash.

During today’s change of plea hearing, Lucero pled guilty to the indictment.  At sentencing, Lucero faces a statutory maximum penalty of ten years in federal prison.  Maximum potential sentences are prescribed by Congress and are provided for information purposes only.  The sentence on Lucero will be determined by the court.  Lucero 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 Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Pueblo Department of Public Safety.  Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.

ALBUQUERQUE – Eric Wolf, 32, of Edgewood, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to violating the federal firearms laws.

Wolf was arrested on June 3, 2014, on an indictment charging him with three counts of unlawfully possessing firearms and ammunition on Jan. 8, 2014.  It also charged Wolf with possessing stolen firearms from Dec. 13, 2013 through Jan. 8, 2014.   At the time, Wolf was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including forgery, receiving or transferring a stolen vehicle, possession of a controlled substance, identity theft, conspiracy to commit theft of credit card, conspiracy to commit arson and burglary.

During today’s proceedings, Wolf pled guilty to Count 3 of the indictment charging him with being a felon in possession of firearms on Jan. 8, 2014, in Santa Fe County, N.M.  In his plea agreement, Wolf admitted to directing law enforcement officers to an arroyo in the vicinity of highways NM 344 and NM 14 where he had buried five stolen firearms.

At sentencing, Wolf faces a statutory maximum penalty of ten years in federal prison to be followed by a maximum of three years of supervised release.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Santa Fe County Sheriff’s Department and the Edgewood Police Department.  Assistant U.S. Attorney David M. Walsh is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Joshua Almaguer, 33, of Las Cruces, N.M., pled guilty this morning in Las Cruces federal court to methamphetamine trafficking charges.  Under the terms of his plea agreement, Almaguer will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.

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, 24, previously had been arrested in July 2014.  The indictment charged the trio with trafficking methamphetamine in Doña Ana County, N.M., in May 2014.

During today’s proceedings, Almaguer pled guilty to two counts of distributing methamphetamine in May 2014.  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.

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.

At sentencing, Enriquez faces a statutory maximum penalty of 20 years in prison, and Serna faces a minimum of five years and a maximum of 40 years in prison.  All three defendants remain in federal custody pending their sentencing hearings which have yet to be scheduled.

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 is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department 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 – Maria L. Ceniceros, 42, of Las Cruces, N.M., made her initial appearance in federal court this morning on a criminal complaint charging her and a co-defendant with theft of government property and aggravated identity theft charges.  Ceniceros remains in federal custody pending a preliminary hearing and detention hearing which are scheduled for June 5, 2015.

The criminal complaint charges Ceniceros and Armando Gutierrez-Torres, 50, a Mexican national who resides in Delicias, Mexico, with conspiracy to commit theft of government property and aggravated identity theft.  The charges in the complaint allegedly arise out of a scheme to steal money from the United States by using the identities of individuals without their knowledge or consent to generate and cash fraudulent federal income tax refund checks.  It alleges that Ceniceros and Gutierrez-Torres conspired with each other and others to perpetuate the scheme, and that Ceniceros abused her position as a Document Technician at the Doña Ana County Clerk’s Office to facilitate the scheme.

The criminal complaint alleges that the law enforcement authorities learned of the scheme in mid-May 2015, when Ceniceros allegedly approached a co-worker in the Doña Ana County Clerk’s Office and attempted to solicit his participation in the scheme.  The co-worker reported the alleged solicitation to law enforcement authorities and agreed to assist officers in conducting an undercover investigation into Ceniceros and Gutierrez-Torres.  During the investigation, Ceniceros allegedly provided three fraudulent federal income tax refund checks to the co-worker so that he could cash the checks with the understanding that the proceeds would be divided between Ceniceros, Gutierrez-Torres and the co-worker.  Ceniceros and Gutierrez-Torres were arrested on related state charges on May 29, 2015.

Ceniceros was arrested on the federal charges in the criminal complaint on June 1, 2015.  Gutierrez-Torres remains in state custody and will be transferred to federal custody to face the charges in the criminal complaint.

If convicted on the theft of government property charge, Ceniceros and Gutierrez-Torres each face a statutory maximum sentence of ten years in prison.  If convicted on the aggravated identity theft charge, each faces a mandatory two-year prison sentence that must be served consecutive to any sentence imposed on the theft of government property charge.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by IRS Criminal Investigation and the Doña Ana County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ceniceros_complaint.pdf (232.2 KB)

ALBUQUERQUE – Jacob J. Loredo, 29, of Carlsbad, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to violating federal firearms and drug trafficking laws.

Loredo was arrested on Feb. 19, 2015, and charged in a criminal complaint with conspiracy to possess methamphetamine with intent to distribute in Eddy County, N.M.  According to the criminal complaint, on that day, agents with the Pecos Valley Drug Task Force executed a search warrant on Loredo’s residence and vehicle where they seized ammunition, two firearms, $4,955.00 in cash, approximately an ounce of methamphetamine, scales and other drug paraphernalia.  According to court documents, at the time, Loredo was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of cocaine, a felony offense.

During yesterday’s proceedings, Loredo pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm.  Loredo admitted that on Feb. 19, 2015, law enforcement officers recovered methamphetamine and two firearms from his residence in Carlsbad.

At sentencing, Loredo faces a statutory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release.  Under the terms of his plea agreement, Loredo also is required to forfeit the $4,995.00 seized from this residence as well as the firearms and ammunition.  Loredo 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 Pecos Valley Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office.

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

ALBUQUERQUE – George Roybal, 53, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 97 months in prison followed by three years of supervised release for his conviction on witness tampering and cocaine trafficking charges.

George Roybal was one of 19 defendants charged with drug trafficking and money laundering charges in a 60-count indictment that was filed in Dec. 2012.  The indictment was superseded twice; first in Feb. 2014, to add a 20th defendant and a witness tampering charge, and again in Sept. 2014, to add another witness tampering charge and a heroin trafficking charge.

The charges filed in the case were the result of a 16-month multi-agency investigation into a drug trafficking organization headed by Christopher Roybal, 35, of Albuquerque, N.M., which was led by the FBI, IRS and Albuquerque Police Department with assistance from the DEA, the HIDTA Region I Narcotic Task Force and the Bernalillo County Sheriff’s Office.  The investigation, code-named “Operation Rain Check,” was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program.  OCDETF is 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.

The original indictment charged Christopher Roybal and ten others, including George Roybal, with conspiracy to distribute large quantities of cocaine in New Mexico between Aug. 2011 and Dec. 2012.  It also charged Christopher Roybal and nine others with conspiracy to distribute marijuana between Oct. 2011 and Dec. 2012.  Additionally, the indictment included three separate money laundering conspiracies, 22 money laundering offenses, and 18 “telephone counts,” offenses alleging the use of a communications device to facilitate a drug trafficking offense.  The indictment was superseded in Feb. 2014, to add a new charge against George Roybal, alleging that he threatened an FBI informant to prevent the informant from testifying at the trial of this case which was then scheduled to begin on May 19, 2014.  It was superseded again in Sept. 2014, to add two new charges against defendant Kenneth Ulibarri, 36, of Albuquerque.  The new charges alleged that Ulibarri attempted to murder an FBI informant to prevent that informant from testifying at the trial of this case which was then scheduled to begin on Nov. 10, 2014, and with distributing heroin in Bernalillo County, N.M., in May 2014.

On Jan. 14, 2015, George Roybal pled guilty to witness tampering and conspiracy to distribute cocaine.  In entering his guilty plea, George Roybal admitted that from Aug. 2011 through Dec. 2012, he conspired with Christopher Roybal and others to distribute cocaine in the Albuquerque area.  George Roybal further admitted that on Nov. 13, 2013, he threatened to harm a person who was working with law enforcement.

This case was investigated by the FBI, IRS Criminal Investigation and the Albuquerque Police Department, with assistance from the DEA, the HIDTA Region I Narcotics Task Force and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shana B. Long.  Assistant U.S. Attorney Stephen R. Kotz is responsible for litigating the related civil asset forfeiture actions.

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

ALBUQUERQUE – Ashraf Nassar, 31, of Santa Fe, N.M., pled guilty today in federal court in Albuquerque, N.M., to participation in conspiracies to distribute Oxycodone and marijuana.

Nassar and co-defendants Phillip Anaya, 38, Daniel Trujillo, 32, Krystal Holmes, 29, and Sarah Romero, 36, are five Santa Fe residents charged in Sept. 2013, with participating in an Oxycodone trafficking ring in a 16-count indictment.  The indictment subsequently was superseded in Oct. 2013, to include two additional defendants, Clarence Lee Cline, II, 66, and Mary Ann DeStefano, 53, both also of Santa Fe, and adding five new charges including conspiracy to distribute marijuana, manufacturing marijuana and maintaining a place for the purpose of manufacturing marijuana.

Nassar, Anaya, Trujillo, Holmes and Romero were arrested in Sept. 2013 as part of a multi-agency law enforcement operation that included the execution of search warrants at three residences and a business in Santa Fe.  The investigation, “Operation High Desert Bash,” was initiated in Jan. 2013 by the DEA’s Tactical Diversion Squad in Albuquerque, N.M., the Santa Fe Police Department and HIDTA Region III Narcotics Task Force in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults.

Operation Desert Bash 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.  The investigation primarily targeted a drug trafficking organization unlawfully distributing quantities of Oxycodone in Santa Fe County.  Oxycodone is an opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming.  Officers seized approximately 7300 mg of Oxycodone during the investigation.

Count 1 of the 21-count superseding indictment charged the Nassar, Anaya, Trujillo, Holmes and Romero with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013.  Counts 2 through 4 charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, Nassar, Anaya, Trujillo, Holmes and Romero were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 17.  Count 18 charged Nassar, Cline and DeStefano with conspiracy to distribute marijuana.  Counts 19 through 21 charged Cline and DeStefano with conspiracy to distribute marijuana, conspiracy to maintain a place for the purpose of manufacturing marijuana and maintaining a place for the purpose of manufacturing marijuana.

During today’s proceedings, Nassar pled guilty to two counts of the superseding indictment; conspiracy to traffic Oxycodone and marijuana.  In entering the guilty plea, Nassar admitted that from Dec. 8, 2012 through Sept. 26, 2013, in Santa Fe he received Oxycodone from multiple sources of supply and would in turn provide that Oxycodone to re-distributers and users.  Nassar also admitted that from Jan. 2, 2013 through Sept. 23, 2013, he was supplied “high grade” marijuana which he would then redistribute to other lower-level redistributors.

All but one of Nassar’s  co-defendants have entered guilty pleas.  Anaya pled guilty on Nov. 19, 2014, and was sentenced on April 9, 2015, to 46 months in prison followed by three years of supervised release.  Trujillo pled guilty on Jan. 30, 2015, and was sentenced on April 2, 2015, to 18 months in prison followed by three years of supervised release.  Romero pled guilty on Oct. 28, 2014, and was sentenced on March 26, 2015, to 18 months in prison followed by three years of supervised release.  Holmes pled guilty on May 26, 2015, and DeStefano pled guilty on March 27, 2015, sentencing hearings have yet to be scheduled.

Cline has entered a plea of not guilty and is awaiting trial.  Charges in indictments are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Santa Fe Police Department and the HIDTA Region III Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Joel R. Meyers.

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

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

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

ALBUQUERQUE – Leondro Urioste, 31, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to five years in prison followed by five years of supervised release for his possession of a firearm in furtherance of a drug trafficking crime conviction.

Urioste was arrested on Dec. 8, 2014, and charged in a criminal complaint with being a felon in possession of a firearm on Oct. 16, 2014, in Bernalillo County, N.M.  According to the complaint, deputies of the Bernalillo County Sheriff’s Office recovered approximately 14 grams of methamphetamine, drug paraphernalia, and multiple firearms and rounds of ammunition from Urioste’s vehicle following a routine traffic stop.  According to court documents, Urioste was prohibited from possessing firearms or ammunition because he previously had been convicted of attempted forgery.

Urioste was subsequently indicted on Dec. 16, 2014, and charged with being a felon in possession of firearms and ammunition, possession of methamphetamine with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime.  The indictment alleges that the crimes took place on Oct. 16, 2014, in Bernalillo County.

On March 2, 2015, Urioste pled guilty to possessing a firearm in furtherance of a drug trafficking crime.  In entering the guilty plea, Urioste admitted that on Oct. 16, 2014, he was stopped by deputies of the Bernalillo County Sheriff’s Office and was found to be in possession of methamphetamine and a handgun.  Urioste further admitted that the handgun was hidden in his dashboard, and that he possessed the firearm as a tool and in relation to his illegal drug trafficking.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case.

ALBUQUERQUE – Berland Thomas, 44, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 24 months in prison followed by three years of supervised release for his involuntary manslaughter conviction.

Thomas was arrested on June 9, 2014, on a criminal complaint charging him with murder.  According to the complaint, Thomas allegedly killed a Navajo man by beating him with his fists during an alcohol-fueled fight.  The fight occurred on June 6, 2014, on the Navajo Indian Reservation in McKinley County, N.M. Thomas was subsequently indicted on June 24, 2014, and charged with second degree murder.

On Feb. 20, 2015, Thomas pled guilty to an involuntary manslaughter charge and admitted assaulting the victim by striking, beating and wounding him.  Thomas acknowledged that the victim died as a result of injuries suffered during the assault.

This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.

ALBUQUERQUE – Sonny Roy Valdez, 20, a member and resident of the Mescalero Apache Nation, was sentenced today in federal court in Las Cruces, N.M., to 30 months in federal prison followed by three years of supervised release for his federal assault conviction.  Valdez was also ordered to pay $3,028.00 in restitution to the victim of his crime.

Valdez was arrested on June 5, 2014, on a criminal complaint charging him with assault resulting in serious bodily injury.  According to the criminal complaint, Valdez assaulted his intimate partner, a Mescalero Apache woman, on May 27, 2014, by biting off part of her lip.  The victim’s injuries required medical treatment and hospitalization. The offense occurred within the Mescalero Apache Reservation in Otero County, N.M.

On Nov. 12, 2014, Valdez pled guilty to a felony information charging him with assault resulting in serious bodily injury and admitted assaulting the victim.  His guilty plea was entered without the benefit of a plea agreement.

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

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

ALBUQUERQUE – Albert Johnny Mondragon, 38, of Roswell, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 84 months in prison followed by four years of supervised release for trafficking methamphetamine in Lea County, N.M.

Mondragon was arrested on federal charges in Roswell on May 27, 2014, based on a criminal complaint charging him with possession of methamphetamine with intent to distribute.  According to the complaint, Mondragon committed the offense on March 7, 2014, in Hobbs, N.M.

Mondragon subsequently was charged on Oct. 7, 2014, in a two-count indictment with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm and ammunition.

On Jan. 14, 2015, Mondragon pled guilty to possession of methamphetamine with intent to distribute.  In entering the guilty plea, Mondragon admitted that he was stopped by officers in Hobbs on March 7, 2014, and the officers found approximately 222.98 grams of methamphetamine in the back of his vehicle.

 This case was investigated by the Las Cruces offices of the DEA and the Bureau of Alcohol, Tobacco and Firearms and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office.  Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted this 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 and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Clay Samson Geronimo, 27, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 30 months in federal prison followed by three years of supervised release for his federal assault conviction.  Geronimo was also ordered to pay $1,216.00 in restitution to cover medical expenses for the victim of his crime.

Geronimo was arrested on Feb. 21, 2014, on a criminal complaint alleging that he assaulted a Mescalero Apache woman on Jan. 12, 2014, on the Mescalero Apache Reservation in Otero County, N.M., and caused her to suffer serious bodily injuries.  Geronimo was indicted on May 14, 2014, and charged with assault resulting in serious bodily injury.

Court filings reflect that on Jan. 12, 2014, Geronimo assaulted the victim by striking her in the face with his fists.  As a result of the assault, the victim sustained a fractured eye socket and fractured nasal bones, which required surgical treatment.  Geronimo was arrested on tribal charges on Jan. 12, 2014, and entered a no contest plea in Mescalero Tribal Court.

Geronimo pled guilty to the indictment on Oct. 10, 2014, without the benefit of a plea agreement.

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

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

ALBUQUERQUE – Yesterday afternoon, a federal jury sitting in Las Cruces, N.M., found Jose Efrain Cavazos, 67, of Deming, N.M., guilty of conspiracy to transport illegal aliens.  The guilty verdict was announced by U.S. Attorney Damon P. Martinez and El Paso Sector Chief Border Agent Jeffrey D. Self of the U.S. Border Patrol.

Cavazos was arrested on Nov. 20, 2014, and charged in a criminal complaint with conspiracy to transport illegal aliens.  He subsequently was indicted on Feb. 18, 2015, and charged with the same crime.  Trial against Cavazos commenced on May 27, 2015, and concluded yesterday afternoon when the jury returned a guilty verdict on the sole count of the indictment.

The evidence at trial established that on Nov. 19, 2014, Border Patrol Agents came upon six individuals lying on the ground north of Mile Marker 69 on New Mexico State Road 9 in Luna County, N.M.  Questioning by the agents revealed that the individuals were unlawfully in the United States.  The agents recovered a cellular phone from one of the undocumented aliens.  The agents then used the cellular phone number and arranged to be picked up on Interstate 10 in New Mexico by the person who answered the phone.  The following day Cavazos was arrested when he arrived to pick up an individual he believed to be an undocumented alien, but were in fact Border Patrol Agents.

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

Cavazos faces a statutory maximum penalty of ten years in federal prison followed by up to three years of supervised release.

This case was investigated by the Deming Border Patrol Station of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Andrew Steven Romero, 28, of Albuquerque, N.M., has been charged with violating the federal firearms laws in a criminal complaint filed by the FBI earlier today.  The federal charges were announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

The criminal complaint charges Romero with being a felon in possession of firearms and ammunition.  It alleges that Romero unlawfully possessed a firearm and ammunition on May 25 and May 26, 2015, in Bernalillo County, N.M.  According to the criminal complaint, Romero was prohibited from possessing either firearms or ammunition because he previously has been convicted of multiple felony offenses, including voluntary manslaughter, tampering with evidence and aggravated assault.

Romero was arrested on May 26, 2015, on related state charges and currently is in state custody.  He will be transferred to federal custody to answer to the federal charge in the criminal complaint.

If convicted of the charge in the criminal complaint, Romero faces up to ten years in federal prison.  If the court determines that Romero 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 mere accusations.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by a multi-jurisdictional team that includes the Albuquerque offices of the FBI and ATF and the Multi-Agency Officer Involved Shooting Task Force, which is comprised of officers from the Albuquerque Police Department, the Bernalillo County Sheriff’s Office, the New Mexico State Police and the Rio Rancho Police Department.  Assistant U.S. Attorney Kimberly A. Brawley 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.

andrew_steven_romero_criminal_complaint.pdf (2.32 MB)