FEDERAL DISTRICT ARCHIVE
District of New Mexico
Press releases recorded for this federal judicial district.
Crownpoint Man Pleads Guilty to Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Ferlin Platero, 49, of Crownpoint, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., for failing to comply with the Sex Offender Registration and Notification Act (SORNA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Platero was arrested on Dec. 17, 2014, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. On Jan. 8, 2015, Platero was indicted for failing to update his registration between July 1, 2014 and Dec. 9, 2014, in McKinley County, N.M.
According to court filings, Platero was convicted of aggravated sexual abuse in Nov. 1993. On Feb. 24, 2004, he registered as a sex offender in the State of Arizona and agreed to notify the sheriff of the county to which he moved if he were ever to move out of the county. Platero last registered as a sex offender on Oct. 26, 2012, in Ariz., and subsequently failed to notify the New Mexico Department of Public Safety or the Navajo Nation Division of Public Safety that he was required to register as a sex offender when he moved to New Mexico
Today Platero pled guilty to a felony information charging him with failing to update his registration in McKinley County, N.M. He entered the guilty plea without the benefit of a plea agreement. At sentencing, Platero faces a maximum of ten years in federal prison. He will 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 Sarah Mease.
Albuquerque Man Pleads Guilty to Federal Synthetic Drug Trafficking ChargeRead the Press Release
ALBUQUERQUE –Sabah Al-Washah, 48, of Albuquerque, N.M., entered a guilty plea in federal court this morning to a “spice” trafficking charge. His plea agreement requires the imposition of a prison sentence in the range of 48 to 60 months. Sabah Al-Washah is one of three men arrested in the District of New Mexico in May 2014, as part of Project Synergy Phase II, a nationwide investigative effort by the DEA, Customs and Border Protection, Homeland Security Investigations, FBI, IRS and other federal, state, and local partners. Project Synergy Phase II targeted every level of the dangerous global synthetic designer drug market. From Jan. 2014 through May 2014, nationwide enforcement operations took place targeting the drug trafficking organizations that have operated in communities across the country.
Sabah Al-Washah and his co-defendants, Iman Al-Washah, 24, and Amjad Al-Washah, 26, also of Albuquerque, were charged with “spice” trafficking charges in criminal complaints. Sabah Al-Washah, the owner of Carlos’ Smoke Shop, was charged with conspiracy and aiding and abetting the distribution of a controlled substance analogue based on a sale of synthetic cannabinoid to an undercover officer at the smoke shop on Jan. 7, 2014. Sabah Al-Washah also was charged with maintaining drug-involved premises. Amjad Al-Washah was charged with distribution of a controlled substance analogue based on his sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop at 806 Old Coors Drive SW in Albuquerque on Dec. 4, 2013. Iman Al-Washah was charged with conspiracy and distribution of a controlled analogue based on his participation in the sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop on Jan. 7, 2014.
The three men subsequently were charged in a four-count indictment filed on May 21, 2014. Count 1 charged the three men with conspiracy to distribute a controlled substance analogue from Dec. 4, 2013 through May 7, 2014. Count 2 charged Sabah Al-Washah and Amjad Al-Washah with distributing a controlled substance analogue on Dec. 4, 2013. Count 3 charged Sabah Al-Washah and Iman Al-Washah with distributing a controlled substance on Jan. 7, 2014, and Count 4 charged Sabah Al-Washah with maintaining a place, Carlos Smoke Shop, for the purpose of manufacturing, distributing, and using a controlled substance analogue. The indictment also called for the forfeiture of multiple vehicles and cash obtained through the drug offenses charged in the indictment.
During today’s proceedings, Sabah Al-Washah pled guilty to Count 3 of the indictment and admitted that Iman Al-Washah and he sold 30 packets of “spice” to an undercover law enforcement officer. Under the terms of his plea agreement, Sabah Al-Washah will be sentenced to a prison term in the range of 48 to 60 months, and will be required to forfeit a 2011 Cadillac, a 2012 Camaro, a 2013 Dodge Viper, a 2008 Lamborghini, a 2004 Dodge Viper, a 2005 Cadillac and a 2011 Camaro. His sentencing date has yet to be scheduled.
Amjad Al-Washah pled guilty on Feb. 11, 2015, to Count 2 of the indictment and admitted that on Dec. 4, 2013, he sold ten packets of “spice” to an undercover law enforcement officer for $200.00 at Carlos’ Smoke Shop. At his sentencing hearing, which has not been scheduled, Amjad Al-Washah faces a statutory maximum penalty of 20 years in federal prison followed by a minimum of three years of supervised release.
Iman Al-Washah pled guilty on April 9, 2015, to Count 3 of the indictment, and admitted that he sold 30 packets of “spice” along with Sabah Al-Washah to an undercover law enforcement officer. At his sentencing hearing, which has not be schedule, Sabah Al-Washah will be sentenced to zero to six months in federal prison followed by a term of supervised release to be determine by the court.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Stephen R. Kotz.
The controlled substance analogues charged in the complaints and indictment are commonly referred to as synthetic marijuana or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Shiprock Man Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Dexter Dez, 29, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning in federal court in Albuquerque, N.M., for his assault conviction. Dez was sentenced to a 37 month term of incarceration followed by three years of supervised release.
Dez was arrested on July 11, 2013, on a criminal complaint charging him with assaulting a non-Indian man on May 17, 2013, at a residence in Two Gray Hills, N.M., which is within the Navajo Indian Reservation. Dez subsequently was indicted and charged with assault with a dangerous weapon and assault resulting in serious bodily injury.
According to court filings, on the night of May 17, 2013, an intoxicated Dez entered the victim’s residence and punched him in the left eye with a box cutter. Dez then fled from the residence. The victim’s eyelids were severed as a result of the assault and the victim required surgery to repair his eyelid.
Dez entered a guilty plea to the indictment on April 17, 2014, without the benefit of a plea agreement.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Navajo Man from Sanostee Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Milton Washburn, 29, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assault charges. Under the terms of his plea agreement Washburn will be sentenced to 46 months in federal prison followed by a term of supervised release to be determined by the court.
Washburn was arrested on Oct. 23, 2014, on a criminal complaint charging him with assaulting another Navajo man on Oct. 19, 2014, by running over the victim with a vehicle. Court filings reflect that officers of the Navajo Nation Division of Public Safety responded to a call reporting that the victim had been deliberately run over by a vehicle and was seriously injured. The victim was taken to the hospital where he received medical treatment for a number of internal injuries, including rib fractures, a collapsed lung, a damaged liver, and a spinal fracture.
On Nov. 5, 2014, Washburn was indicted and charged with assault with a dangerous weapon, a vehicle, and assault resulting in serious bodily injury. According to the indictment, Washburn committed these crimes within the Navajo Indian Reservation in San Juan County, N.M.
During today’s proceedings, Washburn pled guilty to one count of assault resulting in serious bodily injury and admitted that on Oct. 19, 2014, he ran over the victim with a vehicle after he engaged in an altercation with the victim. Washburn acknowledged that the victim suffered multiple injuries as a result of the assault.
Washburn 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 Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI. Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Ramirez are prosecuting this case.
Multi-Agency Investigation Dismantles Marijuana Distribution Ring Operating in Southeastern New Mexico and West TexasRead the Press Release
ALBUQUERQUE – Twelve individuals are facing drug trafficking and money laundering charges as the result of a multi-agency investigation targeting marijuana traffickers and money launderers operating in southeastern New Mexico and west Texas. The investigation culminated this morning when ten of the defendants were arrested during an early morning law enforcement operation led by the DEA. Teams of federal, state, county and local law enforcement officers participated in the operation that included arrests in five cities and towns in New Mexico and Texas. The operation also included the execution of federal search warrants at six residences in Texas and one residence in New Mexico.
The results of the investigation were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
The charges against the defendants, which are contained in three separate federal indictments, are the result of an investigation that began in Oct. 2014, and initially targeted a marijuana trafficking organization allegedly led by Rodolfo Lopez, 31, of El Paso, Texas, that allegedly transported marijuana from El Paso to Chaves County, N.M., and Lubbock, Texas. The investigation expanded to include two smaller drug trafficking organizations that allegedly transported marijuana to Lubbock, Texas, through Chaves County and Eddy County, N.M. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
During the course of the investigation, law enforcement officers seized approximately 75 pounds of marijuana and $22,166.00 in cash. In addition, during today’s arrest operation, law enforcement officers seized approximately 40 pounds of marijuana, approximately $70,000 in cash, 14 vehicles, including a motorcycle and an ATV, and 16 firearms, including one reported stolen.
In announcing the results of the investigation, U.S. Attorney Damon P. Martinez said, “The indictments announced today should serve as a reminder that marijuana is a dangerous drug and the illegal distribution and sale of marijuana is a serious crime. The Justice Department continues to enforce the drug trafficking laws particularly when illegal marijuana trafficking provides a significant source of revenue for drug trafficking organizations.”
“Today’s arrests in El Paso and Lubbock, Texas, as well as Roswell, New Mexico are another excellent example of the ongoing collaboration between DEA and our federal, state and local law enforcement partners,” said Will R. Glaspy, Special Agent in Charge of the El Paso Division of DEA. “Criminal organizations should reconsider whether they can conduct their illegal activities undetected in our southern New Mexico and West Texas communities. The law enforcement community is committed to rooting out and dismantling these organizations so that they are no longer free to spread its poison in our neighborhoods.”
“It takes a lot of hard work, cooperation, and coordination to take down a multi-state drug trafficking organization with each agency contributing its own valuable knowledge and skills to the investigation” said Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of Internal Revenue Service Criminal Investigation.
Ten of the alleged members of the marijuana importation and distribution ring are charged in a 42 count indictment that alleges drug trafficking and money laundering conspiracies and a series of drug and money laundering substantive offenses. Count 1 of the indictment alleges that from Nov. 2014 through April 2015, all ten defendants participated in a marijuana trafficking conspiracy pursuant to which they distributed in excess of 100 kilograms of marijuana in Chaves County and other places. Count 2 charges six defendants with participating in a conspiracy to launder the proceeds of their alleged marijuana trafficking activities. Counts 3 and 4 of the indictment allege that certain defendants maintained premises in Roswell, N.M., for the purpose of storing marijuana. Three defendants are charged with using a communications facility, telephones, to further the commission of drug trafficking crimes. Twenty-six counts charge certain defendants with drug trafficking crimes and two counts charge certain defendants with money laundering.
Five defendants, including two charged in the ten-defendant indictment, are charged in a separate indictment with participating in a separate marijuana trafficking conspiracy. The indictment alleges that between March 1, 2015 and March 24, 2015, the four defendants conspired to commit a marijuana trafficking crime in Chaves County. It also charges the four defendants with possessing marijuana in Eddy County on March 23, 2015, with the intention of distributing it to others.
A third indictment charges three defendants, including one charged in the ten-defendant indictment, with conspiracy to commit a marijuana trafficking crime in Eddy County between Feb. 12, 2015 and Feb. 26, 2015. Two of the defendants are also charged with possession of marijuana in Eddy County on Feb. 26, 2015, with the intention of distributing it to others.
These cases are the result of an investigation by the Las Cruces offices of the DEA and IRS Criminal Investigation, the Hatch Police Department, the Sunland Police Department, the Chaves County Metro Narcotics Task Force, the Pecos Valley Drug Task Force, the Eddy County Sheriff’s Office. The El Paso office of the U.S. Attorney’s Office for the Western District of Texas and the Lubbock office of the U.S. Attorney’s Office for the Northern District of Texas assisted in the investigation. Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office is prosecuting these cases.
The following additional law enforcement agencies participated in today’s law enforcement operation: the El Paso Division of the DEA, the U.S. Border Patrol, the Roswell Police Department, and the Lubbock Police Department.
The Chaves County Metro Narcotics Task Force is comprised of officers and investigators from the Chaves County Sheriff’s Office and the Roswell Police Department, and the Pecos Valley Drug Task Force is comprised of officers and investigators from the Artesia Police Department, Carlsbad Police Department, Eddy County Sheriff’s Office, FBI, HSI, the Probation and Parole Division of the New Mexico Corrections Department and the 5th Judicial District Attorney’s Office. Both Task Forces are part of the New Mexico 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.
Indictment in United States v. Lopez, et al., 15-CR-1415-RB
Summary of the Charges
Count 1 of the Indictment charges all ten defendants with conspiracy to possess marijuana with intent to distribute. The statutory maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5,000,000.00 fine.
Count 2 charges six defendants with conspiracy to launder money. The statutory maximum penalty for a conviction on this count is imprisonment for not more than 20 years and a $250,000.00 fine.
Counts 3 and 4 charge certain defendants with managing or controlling a residence for the purpose of storing a controlled substance. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than 20 years and a $500,000.00 fine.
Counts 5, 9, 10, 12, 16, 17, 20, 24, 29 and 35 charge certain defendants with using a communications device (telephone) to facilitate a drug trafficking crime. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than four years and a $250,000 fine.
Counts 6, 8, 11, 13, 15, 18, 21, 23, 25, 27, 28, 30, 32-34, 36, 38, 39 and 41 charge certain defendants with possession of marijuana with intent to distribute. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than five years and a $250,000.00 fine.
Counts 7, 14, 22, 26, 31, 37 and 40 charge certain defendants with distribution of marijuana. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than five years and a $250,000.00 fine.
Counts 19 and 42 charge certain defendants with money laundering. The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than 20e years and a $250,000.00 fine.
Charges Against Defendants
Rodolfo Lopez, 31, of El Paso, Texas, is charged in Count 1 of the indictment. Lopez has yet to be arrested and is considered a fugitive.
Mayra Elizabeth Martinez-Giron, 24, of El Paso, Texas, is charged in Count 1 of the indictment. Martinez-Giron was arrested in El Paso.
Christian Hugo Contreras, 32, of El Paso, Texas, is charged in Counts 1, 2, 5, 6, 9, 10, 11, 12, 13, 17, 18, 20, 21, 24, 25, 28, 29, 30, 34, 35, 36, 39 and 42 of the indictment. Contreras was arrested in El Paso. Contreras also is charged in the indictment filed in United States v. Lopez-Tellez, et al., 15-CR-1417-RB.
Jesus Noe Lopez-Tellez, 34, of Wolfforth, Texas, is charged in Counts 1, 2, 3 and 19 of the indictment. Contreras was arrested in El Paso. Lopez-Tellez also is charged in the indictments filed in United States v. Lopez-Tellez, et al., 15-CR-1416-RB and United States v. Lopez-Tellez, et al., 15-CR-1417-RB.
Hugo Alejandro Lopez-Tellez, 27, of Roswell, N.M., Texas, is charged in Counts 1, 2, 3, 5, 7, 9, 10, 12, 14, 16, 17, 20, 22, 24, 26, 29, 31, 35, 37, 40 and 42 of the indictment. Lopez-Tellez was arrested in Roswell.
Andrew Ocanas Garza, 37, of Lubbock, Texas, is charged in Count 1 of the indictment. Garza was arrested in Lubbock. Garza also is charged in the indictment filed in United States v. Lopez-Tellez, et al., 15-CR-1416-RB.
Douglas K. Mayes, 52, of Roswell, N.M., is charged in Counts 1, 4, 8, 15, 16, 23, 27, 32, 38, 41 and 42 of the indictment. Mayes was arrested in Roswell.
Claudia Berenice Hernandez, 33, of El Paso, Texas, is charged in Counts 1, 2, 6, 11, 13, 18, 19, 21, 25, 28, 30, 34, 36, 39 and 42 of the indictment. Hernandez was arrested in El Paso. Hernandez also is charged in the indictment filed in United States v. Lopez-Tellez, et al., 15-CR-1417-RB.
Omar Ortiz, 44, of El Paso, Texas, is charged in Counts 1, 2, 6, 11, 13, 18, 19, 21, 25, 28, 30, 34, 36, 39 and 42 of the indictment. Ortiz was arrested in El Paso. Ortiz also is charged in the indictment filed in United States v. Lopez-Tellez, et al., 15-CR-1417-RB.
Arthur Luna, 46, of Roswell, N.M., Texas, is charged in Counts 1 and 33 of the indictment. Lopez-Tellez was arrested in Roswell.
Indictment in United States v. Lopez-Tellez, et al., 15-CR-1416
Charges and Defendants
Count 1 of the indictment charges all three defendants with conspiracy to possess marijuana with intent to distribute, and Count 2charges two of the defendants with possession of marijuana with intent to distribute. The maximum penalty for a conviction on each of these counts is imprisonment for not more than five years and a $250,000.00 fine.
Jesus Noe Lopez-Tellez, 34, of Wolfforth, Texas, is charged in both counts of the indictment. Lopez-Tellez was arrested in Wolfforth. Lopez-Tellez also is charged in the indictments filed in United States v. Lopez-Tellez, 15-CR-1415-RB, and United States v. Lopez-Tellez et al., 15-CR-1417-RB.
Andrew Ocanas Garza, 37, of Lubbock, Texas, is charged in Count 1of the indictment. Garza was arrested in Lubbock. Garza also is charged in the indictment filed in United States v. Lopez et al., 15-CR-1415-RB.
Antonio Arreola-Herrera, 31, of El Paso, Texas, is charged in both counts of the indictment. Arreola-Herrera was arrested in El Paso.
Indictment in United States v. Lopez-Tellez, et al., 15-CR-1417
Charges and Defendants
Counts 1 and 2 of the indictment charge all four defendants with conspiracy to possess marijuana with intent to distribute and possession of marijuana with intent to distribute. The maximum penalty for a conviction on each of these counts is imprisonment for not more than five years and a $250,000.00 fine.
Emmanuel Lopez-Tellez, 31, a Mexican citizen residing in Ciudad Juarez, Mexico, has yet to be arrested and is considered a fugitive.
Jesus Noe Lopez-Tellez, 34, of Wolfforth, Texas, was arrested in Wolfforth. Lopez-Tellez also is charged in the indictments filed in United States v. Lopez, et al., 15-CR-1415-RB, and United States v. Lopez-Tellez et al., 15-CR-1416-RB.
Christian Hugo Contreras, 32, of El Paso, Texas, was arrested in El Paso. Contreras also is charged in the indictment filed in United States v. Lopez, et al., 15-CR-1415-RB.
Omar Ortiz, 44, of El Paso, Texas, was arrested in El Paso. Ortiz also is charged in the indictment filed in United States v. Lopez, et al., 15-CR-1415.
Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Photographs of the fugitives, Rodolfo Lopez and Emmanuel Lopez-Tellez, are attached to this press release. Anyone with information on the whereabouts of either of the fugitives is asked to call the DEA at 575-526-0700.
indictment_15cr1415.pdf indictment_15cr1416.pdf indictment_15cr1417.pdf photos_of_fugitives.pdf
Albuquerque Man Sentenced to Two Years for Federal Identity Theft ConvictionRead the Press Release
ALBUQUERQUE – David William Welbig, 66, of Albuquerque, N.M., was sentenced today in federal court to two years in prison followed by two years of supervised release for his aggravated identity theft conviction. The conviction arose out of his efforts to evade arrest on interstate transportation of stolen securities charges filed in April 1991 in the U.S. District Court for the District of Colorado.
Welbig was indicted on Nov. 4, 2014, and charged with using a fraudulently obtained passport and aggravated identity theft. The indictment alleged that in July 2014, Welbig concealed his identity and sought to evade arrest by using a passport issued to a person who was deceased. It also alleged that Welbig committed an aggravated identity theft offense by using a passport issued in the name of another person. Welbig was charged with committing these offenses in Bernalillo County, N.M.
On Feb. 19, 2015, Welbig pled guilty to Count 2 of the indictment, charging him with aggravated identity theft. In entering his guilty plea, Welbig admitted using the identification information of a deceased person to obtain a U.S. passport to evade arrest on an outstanding indictment and arrest warrant issued in the District of Colorado in 1991.
The indictment filed against Welbig in the District of Colorado was transferred to the District of New Mexico in Sept. 2014. In Oct. 2014, Welbig entered guilty pleas to all three counts of interstate transportation of stolen securities in the indictment.
This case was investigated U.S. Department of State’s Diplomatic Security Service and was prosecuted by Assistant U.S. Attorney Norman Cairns.
Albuquerque Man Pleads Guilty to Trafficking Methamphetamine in Lea CountyRead the Press Release
ALBUQUERQUE – Michael Boyd, 40, of Albuquerque, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to trafficking methamphetamine in Lea County, N.M.
Boyd was arrested in Hobbs, N.M., on Feb. 20, 2015, after law enforcement officers seized 174 grams of methamphetamine, 110 grams of marijuana, 70 grams of heroin, drug paraphernalia and a handgun from the vehicle Boyd was driving.
During today’s change of plea hearing, Boyd pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering his guilty pleas, Boyd admitted that on Feb. 20, 2015, officers found 174 grams of methamphetamine, 70 grams of heroin and a firearm in the rental car he was driving. Boyd also admitted that he intended to distribute the methamphetamine and heroin in Hobbs.
At sentencing, Boyd faces a mandatory minimum of five years and a maximum of 40 years in federal prison followed by a minimum of four years of supervised release. He remains in federal custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the Lea County Drug Task Force and is being prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Ring Leader of Methamphetamine Trafficking Ring in San Juan County Sentenced to 114 Months in Federal PrisonRead the Press Release
ALBUQUERQUE – Isaac Anaya, 31, of Farmington, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., for trafficking methamphetamine in San Juan County, N.M. Anaya will serve a 114 month prison sentence followed by three years of supervised release.
Anaya is one of 29 individuals charged in Feb. 2014, with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Thirteen of the defendants, including Anaya were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
Anaya was sentenced today based on his guilty plea to Count 1 of the indictment, which charged him and his co-defendants with conspiracy to distribute methamphetamine in San Juan County from May 28, 2013 through Sept 25, 2013.
U.S. Attorney Damon P. Martinez commended HSI and the local law enforcement agencies that comprise the HIDTA Region II Narcotics Task Force Metro Narcotics Task Force on the outstanding results of their investigation and said, “The convictions obtained as a result of this investigation illustrate the success of our District’s federal, state and local law enforcement collaboration in rooting out drug traffickers whether they operate in large communities or in rural counties.”
“Trafficking methamphetamine, as indicative of this sentence, is a serious crime,” said Waldemar Rodriguez, HSI Special Agent in Charge, El Paso, Texas. “HSI and its law enforcement partners will continue to work diligently to get this hideous, addictive drug and the callous criminals who distribute it out of our communities.”
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, the HIDTA Region II Narcotics Task Force, the Bloomfield Police Department, the Farmington Police Department and the Aztec Police Department. Assistant U.S. Attorneys Reeve L. Swainston and Shana B. Long are prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Kirtland Man Sentenced to 108 Months in Federal Prison for Trafficking Methamphetamine in San Juan CountyRead the Press Release
ALBUQUERQUE – Felix Trujillo, 52, of Kirtland, N.M., was sentenced late yesterday afternoon in Albuquerque, N.M., to 108 months in federal prison followed by four years of supervised release for his conviction on methamphetamine trafficking charges.
Trujillo was arrested on Oct. 28, 2014, on an indictment charging him with possession of methamphetamine with intent to distribute it in San Juan County, N.M., on July 28, 2014.
On Dec. 10, 2014, Trujillo pled guilty to the indictment and admitted that on July 28, 2014, he possessed more than 50 grams of methamphetamine with the intent to distribute it to other people.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the HIDTA Region II Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Anthony, N.M., Man Sentenced to Federal Prison for Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Fernando Garcia, 30, of Anthony, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 46 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Garcia and his co-conspirator Eddie Velarde-Carmona, 34, of San Luis, Ariz., were arrested on May 8, 2014, after attempting to sell methamphetamine to undercover FBI agents. According to the criminal complaint, Garcia and Velarde-Carmona had previously sold approximately 564 grams of methamphetamine to the undercover agent for $8,000.00 on April 17, 2014. On the date of the arrest, FBI agents uncovered approximately 1019 grams of methamphetamine in Garcia’s vehicle.
The two men were subsequently indicted on Aug. 20, 2014. Garcia and Velarde-Carmona were charged with conspiracy to distribute methamphetamine, distribution of methamphetamine and possession of methamphetamine. Velarde-Carmona also was individually charged with possession of methamphetamine with intent to distribute.
Garcia pled guilty to a felony information on Oct. 28, 2014, and admitted that on April 17, 2014, he and Velarde-Carmona sold approximately 564 grams of methamphetamine to an undercover law enforcement agent, and on May 8, 2014, the two men agreed to sell a kilogram of methamphetamine to the undercover agent but was arrested prior to the transaction. He further admitted that officers found approximately 1019 grams of methamphetamine mixture in his vehicle.
Velarde-Carmona pled guilty on Dec. 19, 2014, to the indictment. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department 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.
Two Arizona Men and a Mexican National Sentenced in New Mexico for Marijuana Trafficking and Firearms ConvictionsRead the Press Release
ALBUQUERQUE – Two Arizona men and a Mexican national illegally in the United States were sentenced today in federal court in Las Cruces, N.M., for violating the federal narcotics and firearms laws.
Jonathan Gordon Marsh, 28, of Gilbert, Ariz., and Jason Daniel Smith, 27, of Apache Junction, Ariz., were sentenced based on their guilty pleas to marijuana trafficking and firearms charges. Marsh was sentenced to 61 months in prison followed by two years of supervised release, and Smith was sentenced to 68 months in prison followed by two years of supervised release. Hector Severiano-Borja, 24, of Cuauhtemoc, Mexico, was sentenced to 57 months in federal prison for his conviction on marijuana trafficking charges and his illegal re-entry into the United States. He will be deported following his prison sentence.
Marsh, Smith, and Severiano-Borja were charged on March 17, 2014, in a criminal complaint with conspiracy to possess marijuana with intent to distribute. Court records reflect that during a routine traffic stop on March 14, 2014, the Lordsburg Police Department and U.S. Border Patrol agents recovered approximately 95 pounds of marijuana and three firearms from the vehicle driven by Marsh and in which Smith and Severiano-Borja were passengers. The complaint alleged that Marsh and Smith had been hired by an individual in Mesa, Ariz., to pick up Severiano-Borja and the marijuana from milepost 33 on Interstate 10 in Hidalgo County, N.M.
Marsh and Severiano-Borja were subsequently charged on June 18, 2014, in a five-count indictment. The two men were charged with conspiracy to distribute marijuana. The indictment also charged Marsh with possession of marijuana with intent to distribute; carrying a firearm in relation to a drug trafficking crime; and transporting an illegal alien, and Severiano-Borja with illegal re-entry into the United States.
Severiano- Borja entered a guilty plea in July 2014, to the conspiracy and the unlawful reentry charges in the indictment without the benefit of a plea agreement. Marsh pled guilty on Sept. 3, 2014, to a felony information charging him with a marijuana trafficking conspiracy and carrying a firearm during and in relation to a drug trafficking crime. In entering the guilty plea, Marsh admitted that on March 14, 2014, Smith and he entered into an agreement with others to transport bundles of marijuana with the help of Severiano-Borja who had carried the marijuana from Mexico into the United States. He also admitted carrying a firearm for protection.
Smith pled guilty in a separate case on June 17, 2014, to a felony information charging him with conspiracy to possess marijuana with intent to distribute and carrying a firearm during and in relation to a drug trafficking crime. He admitted conspiring with Smith on March 14, 2014, to transport marijuana from Mexico to the United States, with the help of Severiano-Borja. Smith also admitted the he carried a firearm for protection.
This case was investigated by the Deming office of Homeland Security Investigations, the U.S. Border Patrol and the Lordsburg Police Department, and was prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.
Santa Fe Man Sentenced to Prison for Violating Federal Tax LawsRead the Press Release
ALBUQUERQUE – Andre Lewis, 34, of Santa Fe, N.M., was sentenced this morning in federal court to 30 months in prison followed by three years of supervised release for his conviction on federal tax offenses. Lewis also was ordered to pay $118,470.76, less any money already repaid by other tax payers, in restitution to the IRS. The sentence was announced by U.S. Attorney Damon P. Martinez and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Lewis was arrested on May 8, 2014, on an eleven-count indictment. Count 1 of the indictment charged Lewis with conspiracy to defraud the IRS, and Count 2 charged him with making a materially false statement to a federal officer. Counts 3 through 11 charged Lewis with preparing and aiding and abetting the preparation and filing of false tax returns. Lewis committed the offenses between Feb. 2009 and Aug. 2009 in Bernalillo, County, N.M.
According to the indictment, from Feb. to July 2009, Lewis conspired with others to defraud the IRS by preparing and filing fraudulent claims for tax refunds. Lewis and his co-conspirators perpetuated the scheme by obtaining the names, identifiers and W-2 Forms for federal taxpayers, and using that information to electronically file federal income tax returns included either false claims for the First Time Home Buyer Credit or false withholding information. Lewis and his conspirators thus obtained tax refunds to which they were not entitled from the IRS.
On Dec. 18, 2014, Lewis entered guilty pleas to Counts 1 and 3 of the indictment charging him with conspiracy and aiding and abetting the preparation of a false and fraudulent tax return. In his plea agreement, Lewis admitted filing a false tax return in Feb. 2009, by which he fraudulently obtained $16,024.14 from the IRS by misrepresenting his tax withholdings. Lewis also admitted that in 2009 he was involved in filing at least ten false tax returns and fraudulently receiving refunds based on those returns. In his plea agreement, Lewis admitted defrauding the IRS of an aggregate of $118,470.76 through this unlawful scheme.
This case was investigated by IRS Criminal Investigation in Albuquerque and was prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Prior Sex Offender Arrested in Ohio on Federal Child Pornography Charges Filed in New MexicoRead the Press Release
ALBUQUERQUE – Michael Glover, 35, of Canton, Ohio, was arrested yesterday in Ohio on an indictment alleging child pornography charges that was filed on April 14, 2015, by a federal grand jury sitting in Albuquerque, N.M. Glover made his initial appearance on the indictment yesterday afternoon in the U.S. District Court in the Northern District of Ohio. During those proceedings, the court ordered the U.S. Marshals Service to transport Glover to the U.S. District Court for the District of New Mexico in Albuquerque, N.M., so he may face the charges against him.
The six-count indictment charges Glover, a former Albuquerque resident, with three counts of distribution of visual depictions of minors engaged in sexually explicit conduct and three counts of possession of visual depictions of minors engaged in sexually explicit conduct. The three distribution counts allege that Glover distributed child pornography in Bernalillo County, N.M., on May 27, 2013, Aug. 11, 2013, and Aug. 12, 2013. The three possession counts allege that Glover possessed child pornography in Bernalillo County during three periods in 2013: from May 24, 2013 to Aug. 19, 2013; from July 18, 2013 to Aug. 19, 2013; and from July 21, 2013 to Aug. 19, 2013. The indictment includes forfeiture provisions that seek forfeiture of Glover’s laptop computer and computer media.
The penalty upon conviction on each of the three distribution counts is a mandatory minimum of 15 years and a maximum of 40 years in federal prison. The penalty upon conviction on each of the three possession counts is a mandatory minimum of ten years and a maximum of 20 years in federal prison. Glover faces these enhanced penalties because of his status as a prior felon convicted on sex-related charges. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of Homeland Security Investigations, the New Mexico Office of the Attorney General, the Bernalillo County Sheriff’s Office and the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant U.S. Attorney Shammara H. Henderson is prosecuting the case.
The case is 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/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Prior Felon from Albuquerque Sentenced to 103 Months in Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Nicholas Richard Blume, 37, of Albuquerque, N.M., was sentenced this afternoon in federal court to 103 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.
Blume 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.
Blume was arrested in Feb. 2014, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on Feb. 10, 2014, in Bernalillo County, N.M. Blume subsequently was indicted on that same charge on March 11, 2014. According to court filings, Blume was prohibited from possessing firearms and ammunition in Feb. 2014, because he previously had been convicted of receiving and transferring a stolen motor vehicle, aggravated battery with a deadly weapon causing great bodily harm, extortion, possession of an imitation controlled substance, possession of a methamphetamine and robbery.
On Sept. 24, 2014, Blume admitted to the possession of a semiautomatic handgun with a high capacity magazine and ammunition on Feb. 12, 2014. Blume acknowledged that he was prohibited from possessing the firearm and ammunition because he was a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Louis E. Valencia prosecuted the case.
Farmington Woman Pleads Guilty to Committing Wire Fraud to Facilitate Scheme to Defraud Insurance CompaniesRead the Press Release
ALBUQUERQUE – Michelle Smith, 33, of Farmington, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to committing wire fraud in furtherance of a scheme to defraud insurance companies. Under the terms of her plea agreement, Smith will be sentenced to a prison term within the range of 18 to 24 months. The plea agreement also provides for the entry of an order requiring Smith to pay restitution to the victims of her criminal conduct as well as the entry of a money judgment against Smith in the amount of $128,371.00, which represents a portion of the profit she derived from her criminal activity.
Smith was charged in Feb. 2014 in an indictment that included 14 counts of wire fraud and four counts of aggravated identity theft. The charges arose out of Smith’s scheme to defraud Allstate Workplace Division and American Heritage Life Insurance (Allstate) of approximately $224,000.00 in advance commissions by submitting fraudulent policy enrollments. At the time of the offenses charged in the indictment, Smith was employed by Wells Insurance Agencies (Wells), exclusive brokers for Allstate with offices in Farmington, as an insurance agent to sell Allstate insurance policies.
According to the indictment, Allstate paid its brokers a commission for each Allstate insurance policy the broker sold. When Allstate received a new policy enrollment, Allstate paid the broker an advance commission amounting to a percentage of six months’ work of premiums on the policy. If the enrollee canceled the policy or fails to pay premiums for six months, the broker was required to return the advance commission to Allstate. When Smith was employed by Wells, Wells paid Smith 70% of the advance commissions she generated by submitting Allstate insurance policy enrollments.
The indictment alleged that from Aug. 2009 through May 2010, Smith devised and engaged in a scheme to defraud Allstate and Wells by submitting fraudulent policy enrollments and obtaining advance commissions to which she was not entitled. During the ten month period, Smith submitted enrollments in the names of approximately 150 different enrollees for a total of approximately 505 Allstate insurance policy enrollments. The enrollment forms transmitted electronically to Allstate by Smith were in the names of individuals who had not purchased insurance from Allstate and had forged signatures. Between Nov. 2009 and April 2010, Smith received approximately $224,000.00 in advance commissions based on the fraudulent enrollments she submitted to Allstate.
Today Smith pled guilty to Count 13, a wire fraud charge, of the Indictment and admitted that between Nov. 2009 and April 2010, she devised a scheme to fraudulently obtain advance commission payments from Allstate and Wells. She further admitted facilitating the scheme by submitting 505 insurance policy enrollments to Allstate, all of which were fraudulent because none of the persons listed on the enrollment forms had agreed to purchase insurance policies from Allstate. Smith acknowledged that as a result of her fraudulent scheme, Allstate issued approximately $324,239.00 in advance commission payments and that she personally received at least $128,371.00 of those payments.
A sentencing hearing for Smith has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.
Chinese Nationals Sentenced in New Mexico for Conspiring to Violate Arms Export Control ActRead the Press Release
ALBUQUERQUE – This afternoon, a federal judge in the District of New Mexico sentenced two Chinese nationals for conspiring to violate the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR) by scheming to illegally export defense articles with military application to the People’s Republic of China, announced Assistant Attorney General for National Security John P. Carlin and U.S. Attorney Damon P. Martinez of the District of New Mexico.
Bo Cai, 29, of Nanjing, China, was sentenced to 24 months in prison and his cousin Wentong Cai, 30, of Chifeng, China, was sentenced to 18 months in federal prison. Both will be deported after completing their prison sentences. The two men were charged in three-count superseding indictment with a scheme to illegally export sensors primarily manufactured for sale to the U.S. Department of Defense for use in high-level applications, such as line-of-sight stabilization and precision motion control systems. The Arms Export Control Act and the ITAR prohibit the export of defense-related materials from the United States without obtaining a license or written approval from the U.S. Department of State.
Bo Cai entered a guilty plea to all three counts of the superseding indictment in July 2014, and Wentong Cai pleaded guilty to Count 3 of the superseding indictment in December 2014. In entering the guilty pleas, each admitted that from March 2012 to December 2013, they conspired with each other to illegally export sensors from the United States to China without first obtaining the required export license. Bo Cai admitted that in March 2012, while he was employed by a technology company in China, he embarked on an illegal scheme to smuggle sensors out of the United States to China for one of his customers despite knowledge that the sensors could not be exported without a license and that the United States did not issue licenses to export the sensors to China. Wentong Cai admitted that while he was in the United States on a student visa, Bo Cai enlisted him to acquire the sensors under the ruse that he planned to use the sensors at Iowa State University where he was a graduate microbiology student.
Court filings indicate that the investigation of this case began in October 2013, when an undercover U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI) agent responded to Wentong Cai’s overtures. After negotiations by telephone and email, in December 2013, Bo Cai and Wentong Cai traveled to New Mexico, where they obtained a sensor from undercover HSI agents and developed a plan for smuggling the sensor out of the United States to China. On Dec. 11, 2013, Bo Cai was arrested at an airport in Los Angeles, as he was preparing to board a flight to China, after the sensor was discovered concealed in a computer speaker in his luggage. Wentong Cai subsequently was arrested on Jan. 22, 2014, in Ames, Iowa.
The HSI Albuquerque, New Mexico, office led the investigation of this case with assistance from the U.S. Air Force Office of Special Investigations, the Defense Security Service, HSI in Iowa and Los Angeles, the FBI and the U.S. Department of State. Iowa State University cooperated throughout with HSI’s investigation. Assistant U.S. Attorneys Dean S. Tuckman and Fred J. Federici of the District of New Mexico prosecuted the case with assistance from Deputy Chief Deborah Curtis and Trial Attorneys David Recker and Brian Fleming of the Justice Department’s National Security Division. The U.S. Attorney’s Office of the Central District of California and the U.S. Attorney’s Office of the Southern District of Iowa also assisted in the prosecution.
Acoma Pueblo Man Sentenced to Federal Prison for Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Brian J. Juanico, 37, a member and resident of the Acoma Pueblo, N.M., was sentenced today in Albuquerque, N.M., to 18 months in federal prison followed by three years of supervised release for assaulting his intimate partner. He also was ordered to pay a fine in the amount of $53,424.00.
Juanico was arrested on Aug. 15, 2014, on a criminal complaint alleging that on April 6, 2014, he assaulted his intimate partner, an Acoma Pueblo woman, by strangulation. According to the complaint, Juanico committed the crime on the Acoma Indian Reservation in Cibola County, N.M. Court records reflect that Juanico was arrested on related tribal charges on May 1, 2014.
Juanico was indicted in Sept. 2014, in an indictment charging him with assaulting his intimate partner on April 6, 2014. The indictment alleged that Juanico strangled and attempted to suffocate the victim three separate and distinct times on that day.
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. Attorneys Novaline D. Wilson and 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.
Laguna Pueblo Man Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Lawrence Lockwood, 32, a member and resident of Laguna Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a misdemeanor assault charge.
Lockwood was arrested on Feb. 11, 2015, on a criminal complaint alleging that Lockwood assaulted his intimate partner on Jan. 5, 2015, during a domestic dispute by shoving her onto a bed and restricting her movement.
During today’s proceedings, Lockwood pled guilty to a misdemeanor information charging him with simple assault. In entering his guilty plea, Lockwood admitted that on Jan. 5, 2015, he forcefully pushed the victim at a location within the Pueblo of Laguna in Cibola County, N.M.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department and is being prosecuted by Assistant U.S. Attorneys Novaline Wilson and David Adams.
It 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.
Jicarilla Apache Man Sentenced for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Terrance Julian, 30, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 months in federal prison followed by three years of supervised release for his federal assault conviction.
Julian was arrested on Aug. 21, 2014, on an indictment alleging that on Oct. 14, 2012, he assaulted a woman with a dangerous weapon, and brandished a firearm in relation to a crime of violence. The indictment alleged that Julian committed the crimes on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
On Nov. 26, 2014, Julian pled guilty to Count 1 of the indictment charging him with assault with a dangerous weapon. In entering his guilty plea, Julian admitted assaulting his intimate partner, a Jicarilla Apache woman, by striking her with a rifle.
This case was investigated by the Jicarilla Apache 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.
Former U.S. Border Patrol Agent Sentenced to Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Abel Michael Quiroz, 27, a former U.S. Border Patrol Agent who resides in Las Cruces, N.M., Quiroz was sentenced yesterday afternoon in federal court to 30 months in prison for his child pornography conviction. Quiroz will be on supervised release for five years after completing his prison sentence. He also will be required to register as a sex offender.
Quiroz was arrested on April 29, 2014, on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, Homeland Security Investigations (HSI) initiated an investigation into Quiroz after receiving information that an adult male, later confirmed to be Quiroz, was having inappropriate communications with a 15-year-old child (victim).
The complaint asserted that execution of a search warrant for the contents of an email address belonging to Quiroz revealed numerous sexually explicit communications between Quiroz and the victim as well as nude and sexually explicit photographs of the victim. On April 29, 2014, HSI special agents executed a federal search warrant at Quiroz’s residence where they seized digital media and arrested Quiroz. There was no evidence suggesting that Quiroz’s criminal activities were conducted with government-owned equipment or technology.
On Sept. 3, 2014, Quiroz entered a guilty plea to a felony information charging him with possession of child pornography. In entering his guilty plea, Quiroz admitted that from Feb. 2013 through Oct. 2013, he communicated with the victim, whom he knew to be a minor residing in a state other than New Mexico, through online chats, mail, email, telephone conversations and text messages. Quiroz also admitted receiving sexually explicit photographs of the victim via email and unlawfully possessing the photographs in his email account.
This case was investigated by the Child Exploitation Unit of HSI’s office in Las Cruces pursuant to Project iGuardian, an HSI initiative designed to reach children, parents and teachers and share information about the dangers of online environments, how to stay safe online and how to report abuse and suspicious activity. The Las Cruces Police Department assisted in the investigation of this case.
The case is being prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Colfax County Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Tommy Acevedo, 37, of Raton, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 55 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.
The sentence was announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald A. Gallegos, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief John Garcia of the Raton Police Department.
Acevedo was arrested on Dec. 17, 2013, on an indictment charging him with violating the federal firearms laws by unlawfully possessing a firearm and ammunition and unlawfully possessing an unregistered short-barreled shotgun in Colfax County, N.M., on June 19, 2013. At the time, Acevedo was prohibited from possessing firearms or ammunition because he previously had been convicted of two counts of forgery in the 8th Judicial District Court for the State of New Mexico and of robbery in the 5th Judicial District Court for the State of New Mexico.
On Aug. 13, 2014, pled guilty to Count 1 of the indictment and admitted possessing a 20 gauge sawed-off shotgun with obliterated serial number and eight rounds of ammunition on June 29, 2013, in Raton. Acevedo also admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Raton Police Department, with assistance from the 8th Judicial District Attorney’s Office. Assistant U.S. Attorney Louis E. Valencia prosecuted the case.
This case 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.
Navajo Man from Gallup Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Manuel Tsosie, 37, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a child sexual abuse charge. Under the terms of his plea agreement, Tsosie will be sentenced a term of incarceration not to exceed 33 months followed by a term of supervised release to be determined by the court. Tsosie will be required to register as a sex offender after completing his prison sentence.
Tsosie was arrested on June 3, 2014, on an indictment alleging the he sexually abused a child under the age of 12 years on a date between April 1, 2013 and Sept. 30, 2013. The indictment alleged that Tsosie violated the young victim in a location within the Navajo Indian Reservation in McKinley County, N.M.
During today’s hearing, Tsosie entered a guilty plea to a felony information charging him abusive sexual contact. In entering his guilty plea, Tsosie admitted that he intentionally touched the victim’s genitals at a residence located within Navajo Indian Reservation.
This case was investigated by the Gallup office of the FBI. The case is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez 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/.
Navajo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Almundo Cruz Singer, 27, an enrolled member of the Navajo Nation who resides in Tseyatoh, N.M., pled guilty this morning to an indictment charging him with involuntary manslaughter.
Singer was arrested on Dec. 16, 2014, on a criminal complaint charging him with involuntary manslaughter. He subsequently was indicted on Jan. 8, 2015, and charged with killing a man on Dec. 9, 2014, while driving under the influence of alcohol on the Navajo Indian Reservation in McKinley County.
According to court filings, Singer killed a 36-year-old Navajo man who was walking across State Road 118 in Church Rock, N.M., by hitting him with his vehicle while driving under the influence of alcohol. Singer fled from the scene of the crash, but was arrested shortly thereafter in Gallup, N.M.
During today’s hearing, Singer pled guilty to the indictment and admitted to killing the victim by driving recklessly while under the influence of alcohol. Singer admitted that because of his intoxication, he was incapable of exercising clear judgment and a steady hand in operating a vehicle, and that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
At sentencing, Singer faces a statutory maximum penalty of eight years in federal prison. Maximum potential sentences are prescribed by Congress and are provided for informational purposes only. The sentence imposed on Singer will be determined by the court. Singer 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 Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Sarah Jane Mease.
Kirtland Man Pleads Guilty to Second Degree Murder Charge Arising from Kidnapping and Murder of A Navajo Woman and an Assault Charge in A Separate CaseRead the Press Release
ALBUQUERQUE – A Navajo man who resides in Kirtand, N.M., entered guilty pleas today in federal court in Albuquerque, N.M., in two cases. Patrick Benally, 26, pled guilty to a second degree murder charge arising out of the kidnapping and murder of a Navajo woman. He also entered a guilty plea to an assault charge in a separate, unrelated case.
Patrick Benally and his four co-defendants, Justin Benally, 26, of Farmington, N.M., LaSheena Jacquez, 27, of Kirtland, Scott Thompson, 28 of Farmington, and Mariah Benally, 22, of Kirtland, all enrolled members of the Navajo Nation, were indicted in Jan. 2014, on criminal charges arising from the kidnapping and murder of a 28-year-old Navajo woman on Oct. 23, 2013. The indictment charged all five defendants with first degree murder, kidnapping, and conspiracy to kidnap. It also charged Justin Benally, Mariah Benally, Jacquez and Thompson with harboring Patrick Benally to prevent his arrest on charges arising out of an assault that was unrelated to the kidnapping and murder case. The crimes charged in the indictment occurred on the Navajo Indian Reservation within San Juan County, N.M. All five defendants previously had been arrested in Dec. 2013, on a criminal complaint filed after law enforcement authorities received information that the victim, who was missing in Nov. 2013, had been murdered. The victim’s remains were recovered on Dec. 9, 2013.
All four of Benally’s co-defendants have entered guilty pleas to second degree murder charges. Justin Benally, Mariah Benally and Jacquez pled guilty in Oct. and Nov. 2014, and Thompson entered a guilty plea in March 2015. All four have been in federal custody since they were arrested and remain detained pending their sentencing hearings, which have yet to be scheduled. Each faces a maximum statutory penalty of life imprisonment.
During today’s plea hearing, Patrick Benally pleaded guilty to a felony information charging him with second degree murder. In his plea agreement, Benally admitted that he caused the death of the victim by aiding and abetting others in the death of Jane Doe by preventing a witness from the leaving the scene of the murder, preventing the same witness from providing aid to Jane Doe, and preventing the same witness from reporting the crime by intimidating her at the scene.
Patrick Benally also pled guilty to an assault with a dangerous weapon charge in a separate case. In Oct. 2013, Patrick Benally was charged by criminal complaint with assault and firearms charges arising out of an Oct. 10, 2015 incident during which he shot a different Navajo woman in the face. Patrick Benally subsequently was indicted in this case in Jan. 2014, and was charged with assault with a dangerous weapon, assault resulting in serious bodily injury, and discharging a firearm during a crime of violence. According to court filings, Patrick Benally shot the victim in the face during an argument in the victim’s home in Fruitland, N.M.
Under the terms of his plea agreement, Patrick Benally will be sentenced to a federal prison term within the range of 18 to 21 years followed by a period of supervised release to be determined by the court. He remains detained pending a sentencing hearing, which has yet to be scheduled.
The kidnapping and murder case was investigated by the Farmington office of the FBI, the Farmington Police Department and the San Juan County Sheriff’s Office. The assault case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting both cases.
These cases were 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.
California Man Pleads Guilty to Fleeing from A Border Patrol Checkpoint in New MexicoRead the Press Release
ALBUQUERQUE – Carlos Torres, 39, of Huntington Park, Calif., pleaded guilty today in federal court in Las Cruces, N.M., to 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.
Torres was arrested on Jan. 28, 2015, during a routine inspection at the U.S. Border Patrol checkpoint on Interstate 10 in Doña Ana County, N.M. According to the criminal complaint, after Torres entered the checkpoint, Border Patrol agents directed him to a secondary inspection area. As agents were walking towards Torres’ vehicle, Torres drove away from the checkpoint and led agents in a high speed pursuit. When he was arrested, the agents found approximately 25 grams of methamphetamine in Torres’ vehicle.
During today’s plea hearing, Torres pled guilty to a felony information charging him with high speed flight from a immigration checkpoint and fleeing from federal law enforcement agents.
At sentencing, Torres faces a statutory maximum penalty of five years in federal prison. Torres’ sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Edwin Garreth Winstead, III of the U.S. Attorney’s Las Cruces Branch Office.
Acoma Pueblo Man Sentenced for Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Eric J. Louis, Jr., 35, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to a two-year term of probation for his misdemeanor assault conviction.
Louis was arrested in Aug. 2013, on a criminal complaint alleging that he assaulted an officer of the Acoma Pueblo Tribal Police Department who responded to a domestic violence call at a residence within Acoma Pueblo. When the officer attempted to arrest Louis for disorderly conduct and intoxication, Louis assaulted the officer by wrestling with the officer and attempting to get the officer’s taser.
Louis was subsequently indicted on Sept. 10, 2013, and charged with committing an assault with a dangerous weapon on Aug. 14, 2013, in Cibola County, N.M.
On Aug. 8, 2014, Louis entered a guilty plea to a misdemeanor information charging him with assault by striking, beating or wounding, and admitted that he assaulted a tribal officer by striking him.
The case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Artesia Man Pleads Guilty to Violating the Federal Drug and Firearm LawsRead the Press Release
ALBUQUERQUE – Martin O. Madrid, 25, of Artesia, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges.
Madrid and a co-defendant, Lillian Crosby, 21, of Hope, N.M., were federally charged in Jan. 2015, in a criminal complaint with possession of methamphetamine with intent to distribute. According to the criminal complaint, the two were arrested on related state charges on July 12, 2014, by the Eddy County Sheriff’s Office after deputies found approximately 125 grams of methamphetamine, several scales and pipes, and other drug paraphernalia in a vehicle driven by Madrid with Crosby as his passenger. Madrid was arrested on the federal complaint in Jan. 2015, and Crosby was arrested in Feb. 2015.
During today’s plea hearing, Madrid entered a guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm. Madrid admitted that on July 12, 2014, he and his co-defendant were in a vehicle that contained approximately 125 grams of methamphetamine that he intended to distribute to others. He also admitted possessing a .40 caliber pistol which he was not permitted to possess because he previously had been convicted of a felony.
At sentencing, Madrid faces a statutory minimum sentence of five years and a maximum of 40 years in federal prison followed by a minimum of four years of supervised release. He remains detained pending a sentencing hearing, which has yet to be scheduled.
Crosby has entered a plea of not guilty to the criminal complaint. Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt. A trial date has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force and the Eddy County Sheriff’s Office. Assistant U.S. Edwin Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch office is prosecuting this case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, the Artesia Police Department and the Carlsbad 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.
Previously Deported Mexican National Pleads Guilty to Immigration and Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – A previously deported felon from Mexico pled guilty today in federal court in Las Cruces, N.M., to conspiracy to transport illegal aliens and unlawful re-entry into the United States.
Ricardo Rogelio Paez, 26, of Ciudad Juarez, Mexico, was charged on June 3, 2014, in a criminal complaint with attempting to bring illegal aliens into the United States. At the time, Paez himself was an illegal alien who previously had been deported from the United States after being convicted of aggravated felonies. Immigration records reflect that Paez had been deported to Mexico on July 3, 2013, based on two felony convictions for assault with a deadly weapon in Oct. 2007, and for being a felon in possession of a firearm in May 2012.
Paez subsequently was indicted on Dec. 3, 2014, and charged with conspiracy to transport illegal aliens from May 13 through May 16, 2014, two counts of attempting to move and transport illegal aliens within the United States, possession of more than 100 kilograms of marijuana with intent to distribute and unlawful re-entry into the United States. All offenses occurred in Doña Ana County, N.M., in May 2014.
During today’s plea hearing, Paez pled guilty to conspiracy to transport illegal aliens, possession of marijuana with intent to distribute, and unlawful re-entry of a removed alien. In entering his guilty plea, Paez admitted that on May 16, 2014, he conspired with others to drive a vehicle on New Mexico State Road 9 while transporting 14 illegal aliens. He also admitted possessing approximately 264 kilograms of marijuana in the vehicle he was driving on May 16, 2014, which he intended to distribute to others. Finally, Paez admitted that he unlawfully re-entered the United States after previously being deported and without obtaining the consent of the United States.
At sentencing, Paez faces a statutory minimum penalty of five years and a maximum penalty of 40 years in federal prison. Paez will be deported to Mexico after completing his prison sentence.
This case was investigated by the Santa Teresa, N.M., Station U.S. Border Patrol, U.S. Customs and Border Protection, and the Las Cruces office of Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and Selesia Winston of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Woman from Arizona Pleads Guilty to Federal Assault and Child Abuse Charges in New MexicoRead the Press Release
ALBUQUERQUE – Bridget Wilson, 22, an enrolled member of the Navajo Nation who resides in Sawmill, Ariz., pleaded guilty this morning in federal court in Albuquerque, N.M., to assault and child abuse charges.
Wilson was arrested on Feb. 10, 2015, on an indictment charging her with assault resulting in serious bodily injury and abuse of a child. According to the indictment, Wilson committed the offenses on April 4, 2014, within the Navajo Indian Reservation in San Juan County, N.M.
During today’s plea hearing, Wilson pled guilty the indictment and admitted that on April 4, 2014, she assaulted the victim, causing the victim to suffer serious bodily injury. She also acknowledged putting the victim, who was under the age of 18 years, in a situation that endangered the victim’s life or health.
According to the plea agreement, the parties will recommend that Wilson be sentenced to a term of probation to be determined by the court. Wilson’s sentencing hearing has yet to be scheduled.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Federal Grand Jury Returns Superseding Indictment Against Former Colfax County Sheriff’s DeputyRead the Press Release
ALBUQUERQUE – Yesterday a federal grand jury sitting in Albuquerque, N.M., returned a superseding indictment that adds new charges against a former Deputy of the Colfax County Sheriff’s Office previously charged with a drug trafficking offense. In addition to the original drug trafficking offense, the superseding indictment charges Vidal Sandoval, 45, of Cimarron, N.M., with two theft of government property offenses.
Sandoval was arrested by the FBI and the New Mexico State Police on March 13, 2015, on an indictment alleging that on Feb. 28, 2015, Sandoval aided and abetted an attempt to possess cocaine with intent to distribute in Colfax County, N.M. The indictment included forfeiture provisions seeking a money judgment in the amount of at least $19,500.00, the proceeds Sandoval allegedly obtained as a result of his unlawful conduct.
The two new theft of government charges in the superseding indictment allege that Sandoval stole money belonging to the FBI on Dec. 15, 2014 and Jan. 25, 2015. According to affidavits submitted in support of court-approved search warrants that were executed following Sandoval’s arrest, on those two dates, Sandoval allegedly stole money from undercover FBI agents who were posing as drug dealers during two traffic stops. During the Dec. 15, 2014 traffic stop, Sandoval allegedly stole $7,500.00 from the undercover agents, and during the Jan. 25, 2015 traffic stop, he allegedly stole $2,000.00 from them.
At the time of the offenses charged in the superseding indictment, Sandoval was a deputy of the Colfax County Sheriff’s Office. Sandoval resigned following his arrest. Sandoval was released from custody on conditions of release, including pretrial supervision, pending trial which currently is scheduled for June 15, 2015.
If convicted on the drug trafficking charge in the superseding indictment, Sandoval faces a mandatory minimum five years and a maximum of 40 years in federal prison. If convicted on the theft of government property charges, Sandoval faces a statutory maximum penalty of ten years in federal prison on each of the two charges. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Santa Fe and Albuquerque offices of the FBI and the New Mexico State Police with assistance from the Colfax County Sheriff’s Office. Assistant U.S. Attorney Sean J. Sullivan is prosecuting the case.
Zuni Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Christopher T. Tsalate, 27, pleaded guilty this morning to a domestic assault by a habitual offender charge. Under the terms of his plea agreement, Tsalate will be sentenced to 14 months and 17 days in federal prison followed by a term of supervised release to be determined by the court.
Tsalate, a member and resident of Zuni Pueblo, N.M., was arrested on Jan. 11, 2015, on an indictment charging him with domestic assault of an intimate partner by a habitual offender based on his two prior domestic violence convictions in the Pueblo of Zuni Tribal Court.
This morning, Tsalate pled guilty to the indictment and admitted assaulting the victim, his spouse, on May 7, 2014, in McKinley County, N.M.
Court records reflect that Tsalate previously was convicted on domestic violence charges before the Zuni Tribal Court in May 2010 and Oct. 2012. The victim in this case was also the victim in both of the prior tribal court cases.
Tsalate remains on conditions of release at a half-way house pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Zuni Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Novaline Wilson. It 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.
Hobbs Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Antonio Acosta, 31, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Acosta was arrested on June 20, 2014, on a three-count indictment charging him with possession of methamphetamine with intent to distribute on April 5 and April 27, 2014, and being a felon in possession of a firearm on March 5, 2014. According to the indictment, Acosta committed the three offenses in Lea County, N.M.
On Sept. 16, 2014, Acosta pled guilty to Counts 1 and 2 of the indictment and admitted that he possessed approximately 21.4 grams of methamphetamine on April 5, 2014 and approximately 8.8 grams of methamphetamine on April 27, 2014. He further admitted that he intended to distribute the methamphetamine to others.
This case was investigated by the Roswell office of the FBI, the Las Cruces offices of the DEA and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force, and the Hobbs Police Department, and was prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Shaheen P. Torgoley of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department, the Tatum Police Department and the Jal Police Department, 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.
Mexican National Sentenced to Five Years for Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Ernesto Felix, 52, of Sinaloa, Mexico, was sentenced today in federal court in Albuquerque, N.M., to 60 months in federal prison for his methamphetamine trafficking conviction. He will be deported following his prison sentence.
Felix is one of 29 individuals charged in Feb. 2014, with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Thirteen of the defendants, including ringleader Isaac Anaya, 31, of Farmington, were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
On Jan. 12, 2015, Felix pled guilty to Count 4 of the indictment and admitted that on July 31, 2013, in San Juan County, N.M., he and co-defendant Wesley Contreras, 20, of Farmington, N.M., were transporting approximately 891 grams of methamphetamine from Arizona to New Mexico when they were apprehended by law enforcement. Felix admitted that he and Contreras were paid to transport the drugs.
Contreras has entered a not guilty plea to the indictment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorneys Reeve L. Swainston and Shana B. Long are prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Former Texas State Judge Pleads Guilty in Federal Judicial Corruption CaseRead the Press Release
ALBUQUERQUE – Angus Kelly McGinty, 51, a former Texas state district court judge in Bexar County, Texas, pleaded guilty today to an honest services wire fraud charge and admitted depriving the State of Texas and citizens of Bexar County of his honest services by soliciting and accepting bribes intended to influence his judicial decisions. McGinty’s guilty plea was announced by Damon P. Martinez, U.S. Attorney for the District of New Mexico, and Christopher H. Combs, Special Agent in Charge of the FBI’s San Antonio Division.
In announcing the guilty plea, U.S. Attorney Damon P. Martinez said, “Independent and impartial judges are essential to the proper administration of justice. The Department of Justice is committed to rooting out corruption and maintaining confidence in public institutions. This case should serve as a reminder to those who occupy positions of public trust that they must act with integrity and in conformity with the highest ethical standards. Individuals who abuse positions of public trust for private gain will be held accountable.”
“Despite Judge McGinty’s obligation to fairly and impartially carry out his duties as an elected judge, he engaged in serious criminal activity,” said FBI Special Agent in Charge Christopher H. Combs. “Regardless of whether someone is a judge or any other public official, the FBI is committed to investigating and exposing public corruption.”
McGinty initially was charged with conspiracy to commit federal programs bribery, federal programs bribery, extortion under color of official right, and honest services wire fraud in an indictment filed in the U.S. District Court for the Western District of Texas in June 2014. In Feb. 2015, a five-count superseding indictment was filed charging McGinty with conspiracy to commit honest service wire fraud, three counts of honest services wire fraud, and extortion under color of official right. At the time of the events underlying the charges in the indictments, McGinty was a state district court judge in the criminal division of the 144th Judicial District Court in Bexar County, Texas. According to the superseding indictment, between Jan. 2013 and Sept. 2013, McGinty solicited and accepted bribes from an attorney who appeared before him in exchange for favorable rulings for the attorney’s clients. McGinty resigned from the bench on Feb. 14, 2014.
According to court documents, from Jan. 2013 through Sept. 2013, McGinty solicited and accepted bribes from Alberto Acevedo, Jr., an attorney in San Antonio, in exchange for favorable judicial rulings that benefited Acevedo and his clients. Acevedo’s bribes to McGinty included cash, car repairs, arranging the sale of McGinty’s vehicle, and registering a vehicle purchased by McGinty. In exchange, McGinty provided the favorable judicial rulings requested by Acevedo, including lenient sentences and less restrictive conditions of release for Acevedo’s clients. According to the indictments, McGinty received gifts, payments and other things of value totaling more than $6,655.00 from Acevedo.
Today McGinty entered a guilty plea to Count 3 of the superseding indictment. In his plea agreement, McGinty proffered the following statements in support of his guilty plea:
“On or about January 1, 2011, I assumed office as judge of the 144th Judicial District Court, located in Bexar County, Texas. During my term of service as judge of the 144th Judicial District Court, I knowingly participated in a scheme to defraud the State of Texas and citizens of Bexar County, Texas of their right to my honest services inasmuch as I solicited and accepted things of value from Alberto Acevedo, Jr., including vehicle repairs to my two Mercedes Benz, my 1992 Mercedes Benz 300CE and my 2001 Mercedes Benz S430. I accepted these benefits knowing that the purpose behind them was to influence me to exercise my official discretion as judge of the 144th Judicial District Court in favor of Mr. Acevedo and his clients. From at least January 2013 to September 2013, Mr. Acevedo paid for repairs and services to my two Mercedes. I took steps to cover up my dealing with Mr. Acevedo by failing to report the benefits I had received from him on my Personnel Statement for 2013. On May 20, 2013 at 7:02 p.m., I sent Mr. Acevedo a text message to make arrangements to drop off my 2011 Mercedes Benz S430 at his law firm so that he could take it to his mechanic for repairs. That text message traveled in interstate commerce. “
Under the terms of the plea agreement, McGinty will be sentenced to 24 months in federal prison followed by a term of supervised release to be determined by the court. McGinty’s sentencing hearing is scheduled for July 15, 2015.
Acevedo pled guilty on March 17, 2014, to a felony information charging him with bribery involving a program receiving federal funds. In entering his guilty plea, Acevedo admitted that he corruptly influenced a state court judge by giving him things of value. In his plea agreement, Acevedo admitted giving gifts, payments and other things of value totaling more than $6,655.00 to the state court judge in exchange for favorable judicial rulings that benefitted him and his clients. At sentencing, Acevedo faces a maximum statutory penalty of ten years in prison and a $250,000.00 fine. Acevedo is released on bond pending his sentencing hearing, which has yet to be scheduled.
U.S. Attorney Damon P. Martinez praised the investigative work of the San Antonio Division of the FBI. The prosecution of this case in federal court in San Antonio, Texas, is being handled by Special Attorneys Mark A. Saltman and Brock E. Taylor of the U.S. Attorney’s Office for the District of New Mexico. The U.S. Attorney’s Office for the Western District of Texas is recused.
Christopher Blattner Pleads Guilty to Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher Blattner, 35, of Albuquerque, N.M., pleaded guilty earlier today to violating the federal firearms laws. Under the terms of the plea agreement, Blattner will be sentenced to 30 years in federal prison to be followed by up to five years of supervised release. The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
U.S. Attorney Damon P. Martinez said that Blattner 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.
Noting that Blattner’s prior criminal history includes four prior narcotics trafficking convictions in the 2nd and 13th Judicial District Courts for the State of New Mexico, U.S. Attorney Martinez said, “Blattner is the precisely the type of offender targeted by this federal initiative. Our families, friends and neighbors are safer when career criminals like Blattner are removed from our communities.”
“The streets are safer and people can sleep a little easier knowing that there is one less armed drug dealer poisoning our neighborhoods,” said ATF Special Agent in Charge Thomas G. Atteberry. “ATF and the Albuquerque Police Department are committed to reducing violent crime and arresting those who seek to reduce the quality of life in our community. The sentence to be imposed on Christopher Blattner sends the strong message that we will not tolerate the criminal use of firearms.”
“Today’s guilty plea sends a clear message to habitual criminals that the Albuquerque Police Department is working closely with ATF and federal prosecutors to hold them accountable for their crimes in our community,” said APD Police Chief Gorden Eden, Jr. “This case is a great example of how the Department’s cooperative enforcement efforts with our federal partners enhance public safety in Albuquerque.”
Blattner was charged in Feb. 2013, with violating the federal narcotics and firearms laws in a five-count indictment. Counts 1 and 5 of the indictment charged Blattner with distributing methamphetamine in Bernalillo County, N.M., on Aug. 6, 2012 and Aug. 17, 2012, respectively. Count 2 charged Blattner with possessing a firearm during and in relation to a drug trafficking crime on Aug. 6, 2012. Counts 3 and 4 charged Blattner with being a felon in possession of firearms and ammunition on Aug. 6, 2012 and Aug. 17, 2012.
In Aug. 2014, a federal grand jury filed an eight-count superseding indictment in the case which added Blattner’s wife, Brittany Blattner, 27, as a co-defendant. The superseding indictment charged Chris Blattner with two counts of methamphetamine distribution; two counts of using and carrying a firearm in relation to a drug trafficking crime; and three counts of being a felon in possession of firearms and ammunition. It also charged Blattner and Brittany Blattner with one count of jointly distributing methamphetamine. According to the indictment, Blattner and his wife committed the crimes charged in Bernalillo County, N.M., in Aug. 2012.
During today’s proceedings, Blattner entered a guilty plea to Counts 2 and 5 of the superseding indictment, each of which charged him with possessing a firearm in furtherance of a drug trafficking crime. In his plea agreement, Blattner admitted possessing two Glock semi-automatic pistols on Aug. 6, 2012, in furtherance of a methamphetamine trafficking crime. Blattner also admitted possessing two different Glock semi-automatic pistols on Aug. 17, 2012, in furtherance of another methamphetamine trafficking crime. Blattner remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
On March 24, 2015, Brittany Blattner entered a guilty plea to a felony information charging her with simple possession of methamphetamine. In entering the guilty plea, she admitted possessing methamphetamine on Aug. 17, 2012, in Bernalillo County. Brittany Blattner remains on conditions of release pending her sentencing hearing, which has yet to be scheduled. At sentencing she faces a maximum of two years in federal prison followed by at least one year of supervised release.
This case was investigated by ATF’s Albuquerque office and APD, and is being prosecuted by Assistant U.S. Attorneys Louis E. Valencia and Presiliano A. Torrez.
Arkansas Woman Sentenced in New Mexico to 60 Months in Federal Prison for Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Shelia Villegas, 47, of Manila, Ark., was sentenced late yesterday afternoon in federal court to 60 months in federal prison followed by three years of supervised release for her conviction on methamphetamine and cocaine trafficking charges.
Villegas was arrested on April 29, 2014, on a criminal complaint alleging methamphetamine and cocaine trafficking charges. She subsequently was indicted in a two-count indictment charging her with possession of methamphetamine with intent to distribute and possession of cocaine with intent to distribute.
On Jan. 7, 2015, a jury returned a guilty verdict on both counts of the indictment after a two- day trial. The evidence at trial established that on April 29, 2014, an officer of the Albuquerque Police Department (APD) conducted a routine traffic stop on Villegas for failure to maintain a single lane. After issuing a citation to Villegas, the officer asked and received Villegas’ consent to a search of her vehicle. The officer then deployed a narcotics canine on the vehicle. After the canine alerted and thus indicated the presence of drugs, the officer and HSI agents searched Villegas’ vehicle and found 19 bundles, 18 of which contained an aggregate of 20 pounds of methamphetamine and one which contained more than 700 grams of cocaine.
The evidence at trial included the APD officer’s recording of his encounter with Villegas. In addition, an agent with Homeland Security Investigations (HSI) testified that Villegas made a post-arrest statement in which she acknowledge that she was transporting drugs from Calif. to Ark. in exchange for $10,000.00 plus $500.00 in travel expenses.
This case was investigated by the Albuquerque office of HSI and APD and was prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Nicholas Jon Ganjei.
Santa Fe Man Sentenced to Forty-Six Months in Federal Prison for Oxycodone Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Phillip Anaya, 38, of Santa Fe, N.M., was sentenced today in federal court in Santa Fe, N.M., to 46 months in federal prison followed by three years of supervised release for his Oxycodone trafficking conviction. Anaya is one of five Santa Fe residents charged in Sept. 2013, with participating in an Oxycodone trafficking ring in a 16-count indictment.
Anaya and his co-defendants, Ashraf Nassar, 31, Daniel Trujillo, 32, Krystal Holmes, 28, and Sarah Romero, 35, were arrested 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 16-count indictment charged the five defendants with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013. Counts 2 through 4 of the indictment charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, and all five defendants were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 16.
Anaya pled guilty on Nov. 19, 2014, to Count 1 of the superseding indictment. Anaya admitted that from Dec. 8, 2012 through Sept. 26, 2013, in Santa Fe, N.M., he would frequently receive Oxycodone from Nassar which Anaya would then redistribute.
Two of Anaya’s co-defendants also have been sentenced after entering guilty pleas to charges in this case. Trujillo pled guilty on Jan. 30, 2015, and Romero pled guilty on Oct. 28, 2014; each admitted participating in the Oxycodone trafficking conspiracy charged in the indictment. Trujillo was sentenced on April 2, 2015, to 18 months in prison followed by three years of supervised release. Romero was sentenced on March 26, 2015, to 18 months in federal prison followed by three years of supervised release.
Nassar and Holmes have entered pleas of not guilty and are 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.
Former Corrections Supervisor at Gallup-McKinley Adult Detention Center Sentenced for Sexually Assaulting Female Inmates in His CustodyRead the Press Release
ALBUQUERQUE – John Greene, 70, a former captain at the Gallup-McKinley Adult Detention Center (GMADC), was sentenced today on charges related to sexual assaults of female inmates in his custody.In Nov. 2014, Greene pled guilty to three counts of violating each of three victims’ rights to bodily integrity by engaging in sexual contact against their will.Greene also pled guilty to two counts of making material false statements to the FBI when he denied touching the breasts of one female inmate and having personal contact with another female inmate.Greene was sentenced to five years of federal probation.
According to court documents, Greene admitted that in his capacity as a captain at GMADC, he had regular access to female inmates when he accompanied them to court hearings, transported them to other facilities, and had them brought to his office.This regular access gave him the opportunity to engage in unwanted sexual contact with three different women in Dec. 2008 and Jan. 2009.Greene committed these acts, knowing it was wrong, against the law, and without the victims’ consent, but he did so anyway for his own gratification.
Greene also admitted that he lied to the FBI both when he denied touching the breasts of one of the woman in his custody for whom he was charged with touching in count one.He also lied when he denied having personal contact with yet another woman in his custody, not already listed in the indictment.
This case was investigated by the Gallup Resident Agency of the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Holland S. Kastrin for the District of New Mexico and Fara Gold of the Civil Rights Division of the U.S. Department of Justice.
Colorado Man Pleads Guilty to Federal Sex Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – A Colorado man pleaded guilty in federal court in Albuquerque, N.M., this morning to sex trafficking charges, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
David Justin Lynch, 39, of Colorado Springs, Colo., entered a guilty plea to a two-count indictment charging him with coercing a woman to travel in interstate commerce for prostitution, and traveling in interstate commerce for the purpose of promoting prostitution. Under the terms of his plea agreement, Lynch will be sentenced to six years in federal prison to be served consecutive to the four years he already has served in state custody based on related-state charges.
On March 24, 2011, a federal criminal complaint was filed charging Lynch with coercing a woman to travel in interstate commerce to engage in prostitution. Thereafter, on July 27, 2011, an indictment was filed charging Lynch with coercing the victim to travel in interstate commerce for prostitution and traveling in interstate commerce for the purpose of promoting prostitution. The criminal complaint and indictment remained under seal until Oct. 2014, while state prosecutors proceeded with the prosecution of related-state charges against Lynch. On April 7, 2015, Lynch was arrested on the federal charges after he was transferred from state custody to federal custody.
According to court documents, the FBI and APD initiated a federal human trafficking investigation into Lynch on March 22, 2011, the day after Lynch was arrested by APD on state charges. The investigation revealed that between Dec. 2010 and March 2011, Lynch coerced the victim to travel to Colorado, Idaho, Kansas, Missouri and New Mexico for the purpose of engaging in prostitution. Lynch and the victim remained in each location for a week or two, staying in different hotels, where the victim performed sexual acts with customers who responded to advertisements placed by Lynch on a website commonly used to post ads for prostitution.
Court documents reflect that initially, the victim was required to pay fifty percent of her earnings to Lynch but beginning in Jan. 2011, Lynch took all of the victim’s earnings, giving her only enough money to pay for the hotel room, food and basic necessities. Also in Jan. 2011, Lynch verbally threatened the victim, who felt that she could not stop working as a prostitute for Lynch. In Feb. 2011, Lynch allegedly held a knife to the victim’s throat and threatened her because she was not making enough money and “wasn’t nice enough” to the customers.
Lynch and the victim were arrested by APD on March 21, 2011, after APD responded to an ad placed by Lynch on a website commonly used to post ads for prostitution. After her arrest, the victim told officers that she wanted to leave Lynch and stop working as a prostitute but was afraid that Lynch would “track her down and kill her” if she left. The victim said she felt coerced to engage in prostitution for Lynch because of his threats against her and his control of her earnings.
During today’s change of plea hearing, Lynch entered guilty pleas to both counts of the indictment. In his plea agreement, Lynch admitted that from Nov. 1, 2011 through March 21, 2011, he coerced the victim to travel in interstate commerce from Colorado to New Mexico and other places to engage in prostitution. Lynch also acknowledged that he traveled in interstate commerce to promote and facilitate prostitution.
Lynch remains in federal custody pending his sentencing hearing which has yet to be scheduled.
“Human trafficking causes unimaginable pain, desperation and despair, and the fear of violence and other reprisals all too often keep victims from reporting this heinous crime,” said U.S. Attorney Damon P. Martinez. “This prosecution sends a clear message that the United States will not tolerate modern-day slavery and will work tirelessly to restore the rights and dignity of the victims of human trafficking crimes.”
“Unfortunately, human trafficking continues to occur in our society, and the FBI is committed to combating this reprehensible crime wherever we find it,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “I am proud of the work of the FBI Special Agents and Professional Support staff on this case, and I thank the U.S. Attorney's Office and the Albuquerque Police Department for their invaluable assistance. If you are the victim of human trafficking or have information about such a crime, I urge you to call the National Human Trafficking Resource Center at 1-888-373-7888.”
“The Albuquerque Police Department works closely with our law enforcement partners to proactively target predators involved in human trafficking,” said Chief Gorden Eden, Jr., of the Albuquerque Police Department. “Like the victim in this case, victims of human trafficking are exploited as a reusable commodity by those who force them to participate in the sex trafficking industry. APD is proud to work with the FBI and the U.S. Attorney’s Office to protect and rescue victims who are unable to defend themselves.”
This case was investigated by the Albuquerque office of the FBI and APD, and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Kimberly A. Brawley.
Armed Career Criminal from Albuquerque Sentenced to Fifteen Years for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Paul Anthony Turrieta, 36, of Albuquerque, N.M., was sentenced today in federal court to 15 years in federal prison for being a felon in possession of a firearm and ammunition. Turrieta received an enhanced sentence due to his status as an armed career criminal. He will be on supervised release for three years after completing his prison sentence.
Turrieta was being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Turrieta was arrested in Feb. 2014, on an indictment charging him with unlawfully possessing a firearm and ammunition on Oct. 24, 2013, in Bernalillo County, N.M. According to court filings, Turrieta was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including three residential burglaries.
On Oct. 27, 2014, Turrieta pled guilty to the indictment and admitted possessing a revolver and ammunition which were discovered in the vehicle he was driving when an officer pulled him over on a traffic stop on Oct. 24, 2013. Turrieta acknowledged that he was prohibited from possessing the firearm or ammunition because he was a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Presiliano A. Torrez prosecuted the case.
Albuquerque Man Pleads Guilty to Federal Synthetic Drug Trafficking ChargeRead the Press Release
ALBUQUERQUE – Iman Al-Washah, 24, of Albuquerque, N.M., entered a guilty plea in federal court this morning to a “spice” trafficking charge. Iman Al-Washah is one of three men arrested in the District of New Mexico in May 2014, as part of Project Synergy Phase II, a nationwide investigative effort by the DEA, Customs and Border Protection, Homeland Security Investigations, FBI, IRS and other federal, state, and local partners. Project Synergy Phase II targeted every level of the dangerous global synthetic designer drug market. From Jan. 2014 through May 2014, nationwide enforcement operations took place targeting the drug trafficking organizations that have operated in communities across the country.
Iman Al-Washah and his co-defendants, Sabah Al-Washah, 48, and Amjad Al-Washah, 26, both Albuquerque residents were charged with “spice” trafficking charges in criminal complaints. Amjad Al-Washah was charged with distribution of a controlled substance analogue based on his sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop at 806 Old Coors Drive SW in Albuquerque on Dec. 4, 2013. Iman Al-Washah was charged with conspiracy and distribution of a controlled analogue based on his participation in the sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop on Jan. 7, 2014. Sabah Al-Washah, the owner of Carlos’ Smoke Shop, was charged with conspiracy and aiding and abetting the distribution of a controlled substance analogue based on a sale of synthetic cannabinoid to an undercover officer at the smoke shop on Jan. 7, 2014. Sabah Al-Washah also was charged with maintaining drug-involved premises.
The three men subsequently were charged in a four-count indictment filed on May 21, 2014. Count 1 charged the three men with conspiracy to distribute a controlled substance analogue from Dec. 4, 2013 through May 7, 2014. Count 2 charged Sabah Al-Washah and Amjad Al-Washah with distributing a controlled substance analogue on Dec. 4, 2013. Count 3 charged Sabah Al-Washah and Iman Al-Washah with distributing a controlled substance on Jan. 7, 2014, and Count 4 charged Sabah Al-Washah with maintaining a place, Carlos Smoke Shop, for the purpose of manufacturing, distributing, and using a controlled substance analogue. The indictment also called for the forfeiture of multiple vehicles and cash obtained through the drug offenses charged in the indictment.
During today’s proceedings, Iman Al-Washah pled guilty to Count 3 of the indictment and admitted that Sabah Al-Washah and he sold 30 packets of “spice” to an undercover law enforcement officer. Under the terms of his plea agreement, Iman Al-Washah will be sentenced to a prison term not to exceed six months and will be required to forfeit a 2011 Cadillac, a 2006 BMW and a 2011 Chevrolet Camaro. His sentencing date has yet to be scheduled.
Amjad Al-Washah pled guilty on Feb. 11, 2015, to Count 2 of the indictment and admitted that on Dec. 4, 2013, he sold ten packets of “spice” to an undercover law enforcement officer for $200.00 at Carlos’ Smoke Shop. At his sentencing hearing, which has not been scheduled, Amjad Al-Washah faces a statutory maximum penalty of 20 years in federal prison followed by a minimum of three years of supervised release.
Sabah Al-Washah has entered a not guilty plea and is pending trial, which is currently scheduled for May 11, 2015. Charges in criminal 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 office of the DEA and is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Stephen R. Kotz.
The controlled substance analogues charged in the complaints and indictment are commonly referred to as synthetic marijuana or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Albuquerque Woman Pleads Guilty to Federal Oxycodone Trafficking ChargesRead the Press Release
ALBUQUERQUE – Crystal Staggs, 53, of Albuquerque, N.M., pleaded guilty today in federal court to Oxycodone trafficking charges. Under the terms of her plea agreement, Staggs will be sentenced to 63 months in federal prison followed by a term of supervised release to be determined by the court.
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.
During today’s change of plea hearing, 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 is being 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 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.
Northern Arapaho Woman Sentenced in New Mexico for Federal Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Tarasina Wallowingbull, 28, a member of the Northern Arapaho Tribe of Fort Washakie, Wyo., who currently resides in Albuquerque, N.M., was sentenced this morning to two years of probation for her child abuse conviction.
Wallowingbull was arrested on July 29, 2014, on a criminal complaint charging her with assault resulting in serious bodily injury. According to the criminal complaint, on June 11, 2014, Wallowingbull crashed her vehicle in San Felipe Pueblo in Sandoval County, N.M., while driving under the influence of alcohol. A young child was ejected from Wallowingbull’s vehicle during the single-vehicle crash and sustained serious injuries.
On Oct. 20, 2014, Wallowingbull pled guilty to a felony information charging her with abuse of a child in Indian County. In entering her guilty plea, Wallowingbull admitted placing a child under the age of 18 years in a situation that endangered the child’s life or health.
This case was investigated by the Southern Pueblos and Laguna Agencies of the BIA’s Office of Justice Services, and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Alamo Man Sentenced to Federal Prison for Convenience Store RobberyRead the Press Release
ALBUQUERQUE – Ronnie Ganadonegro, 38, a member of the Navajo Nation who resides in Alamo, N.M., was sentenced to 24 months in federal prison followed by three years of supervised release for his robbery conviction.
Ganadonegro was arrested on Jan. 23, 2014, on a criminal complaint charging him with the Dec. 30, 2014 robbery of the Tiis’ Tsoh Mini Mart in Alamo, which is located in the Navajo Indian Reservation. Ganadonegro subsequently was indicted and charged with one count of robbery.
On July 30, 2014, Ganadonegro entered a guilty plea to the indictment and admitted robbing the Tiis’ Tsoh Mini Mart on Dec. 30, 2013. Ganadonegro admitted approaching the counter in the convenience store, pointing an air pistol at the cashier, and demanding the money in the cash register. When the cashier opened the cash register, Ganadonegro grabbed the cash out of the register and fled on foot from the convenience store.
This case was investigated by the Albuquerque office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Marisa A. Lizarraga.
Albuquerque Man Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – David Godfrey, Jr., 28, of Albuquerque, N.M., pleaded guilty this morning in federal court to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Godfrey was arrested on Sept. 8, 2014, on a two-count indictment charging him with distribution of more than 100 grams of heroin and using and carrying a firearm in relation to a drug trafficking crime. According to the indictment, Godfrey committed the crime on Feb. 13, 2013, in Bernalillo County, N.M.
During today’s proceedings, Godfrey pled guilty to Count 1 of the indictment charging him with distribution of heroin. In entering the guilty plea, Godfrey admitted that on Feb. 13, 2013, he handed a bag containing more than 100 grams of heroin to another person in northeast Albuquerque. Godfrey also admitted that at the time he had a .45 caliber pistol in his waistband for protection.
At sentencing, Godfrey faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison. He remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Paul Mysliwiec is prosecuting this case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaboration 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.
Santa Fe Man Sentenced to Prison for Federal Oxycodone Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Daniel Trujillo, 32, of Santa Fe, N.M., was sentenced today in federal court in Santa Fe, N.M., to 18 months in federal prison followed by three years of supervised release for his Oxycodone trafficking conviction. Romero is one of five Santa Fe residents charged in Sept. 2013, with participating in an Oxycodone trafficking ring in a 16-count indictment.
Trujillo and his co-defendants, Ashraf Nassar, 31, Phillip Anaya, 38, Krystal Holmes, 28, and Sarah Romero, 35, were arrested 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 16-count indictment charged the five defendants with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013. Counts 2 through 4 of the indictment charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, and all five defendants were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 16.
Trujillo pled guilty on Jan. 30, 2015, to a conspiracy count and admitted his participation in a conspiracy to distribute Oxycodone in the Santa Fe area between Dec. 2012 and Sept. 2013. Trujillo also admitted that he would frequently receive oxycodone from a co-defendant which he would then redistribute.
Two of Trujillo’s co-defendants also have entered guilty pleas. Anaya pled guilty on Nov. 19, 2014, and Romero pled guilty on Oct. 28, 2014; each admitted participating in the Oxycodone trafficking conspiracy charged in the indictment. Under the terms of his plea agreement, Anaya will be sentenced to 46 months in federal prison. His sentencing hearing has yet to be scheduled. Romero was sentenced on March 26, 2015, to 18 months in federal prison followed by three years of supervised release.
Nassar and Holmes have entered pleas of not guilty and are 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.
Federal Jury Finds Albuquerque Man Guilty of Violating the Hobbs Act by Robbing Businesses Engaged in Interstate CommerceRead the Press Release
ALBUQUERQUE – Last night a federal jury sitting in Santa Fe, N.M., returned a verdict finding David Savoy Thomas guilty of four counts of violating the Hobbs Act by robbing and attempting to rob commercial businesses involved in interstate commerce after a three-day trial. The guilty verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Albuquerque Police Chief Gorden Eden, Jr.
Thomas, 55, of Albuquerque, N.M., was charged with four counts of violating the Hobbs Act by robbing and attempting to rob commercial businesses located in Bernalillo County, N.M., that were involved in interstate commerce, and one count of brandishing a firearm during and in relation to a crime of violence in a five-count indictment filed on Dec. 4, 2013. Thomas was arrested on Dec. 30, 2013, after he was transferred from state custody to federal custody to face the charges in the federal indictment. Trial of the case began on March 30, 2015, and concluded last night when the jury returned a verdict of guilty on the four Hobbs Act charges and was unable to reach a unanimous verdict on the firearms charge.
The evidence at trial established that Thomas robbed one business in May 2010 and three businesses in 2013. A store clerk employed by a McDonald’s Restaurant located on San Pedro NE in Albuquerque testified about being robbed on May 1, 2010, by a man who ran behind the counter, shoved him away from the register, and took money from his cash register. As the robber ran out of the restaurant, he placed his hands on the restaurant’s glass door, leaving his fingerprints behind.
A second store clerk, employed at a Family Dollar Store on Lomas NE in Albuquerque, testified that three years later, on Aug. 10, 2013, he was robbed by a man who held a large knife against his back, ordered him to open the cash register, and took cash from the cash register. Six days later, on Aug. 16, 2013, a man attempted unsuccessfully to rob the same Family Dollar Store. A third store clerk testified that the man threatened her with a knife before fleeing the store empty-handed after she resisted his efforts to rob the store.
A fourth store clerk at a Check and Go Store located on Lomas NE in Albuquerque testified that she was robbed by a man brandishing a firearm on Oct. 19, 2013. The clerk testified that she opened the store’s safe after the robber threatened her with a gun, and that the robber made off with a large amount of money.
APD officers testified that they responded to the scene of each of the four incidents and processed all available evidence, including fingerprints and surveillance videotape. After the fourth incident in Oct. 2013, an APD officer learned that a fingerprint expert had identified Thomas’s fingerprints on the glass door of the restaurant that was robbed in May 2010, and started an investigation into Thomas. After obtaining a photograph of Thomas and determining that Thomas matched the description of the man who robbed the Family Dollar and the Check and Go, the APD officer included Thomas’s photograph in a photo array of six men. The clerks from the two stores positively identified Thomas as the man who attempted to rob the Family Dollar on Aug. 16, 2013 and the Check and Go on Oct. 19, 2013.
The defense called two witnesses during its case. The first, a professor who testified as an expert, tried to call into question the reliability of eye witness testimony. The second, a former law enforcement officer, testified that he could not tell from surveillance videotape if the robber had brandished a real firearm during the Oct. 19, 2013, robbery.
Thomas has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Thomas faces a statutory maximum penalty of 20 years in prison on each of the four Hobbs Act charges. If deemed to be a career criminal, Thomas faces a penalty of 30 years to life imprisonment on these charges.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the Second Judicial District Attorney’s Office. Assistant U.S. Attorneys Norman Cairns and Kimberly A. Brawley are 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.
Portales Man Pleads Guilty to Federal Narcotics Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Brandon William Wood, 35, of Portales, N.M., entered a guilty plea today in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges. Under the terms of his plea agreement, Wood will be sentenced to a range of eight to ten years in prison followed by a term of supervised release to be determined by the court.
Wood and co-defendant, Justin Thomas Shipley, 30, also of Portales, N.M., were arrested on April 24, 2014, in Otero County, N.M., on a criminal complaint charging them with methamphetamine trafficking charges. They subsequently were indicted on methamphetamine trafficking and firearms charges in a six-count indictment filed on July 16, 2014.
The indictment alleged that in April 2014, Shipley and Wood participated in a conspiracy to distribute large quantities of methamphetamine, and also charged the two men with possession of methamphetamine with intent to distribute. The indictment further charged Wood and Shipley with using and carrying firearms in relation to a drug trafficking crime and Wood with being a felon in possession of firearms and ammunition.
In July 2014, Wood was prohibited from possessing firearms and ammunition because he had been convicted of several felony offenses, including conspiracy to sell controlled substances, manufacturing, sale and possession of controlled substances, conspiracy to cultivate marijuana, and driving while intoxicated.
During today’s plea hearing, Wood pled guilty to a four-count felony information charging him with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, using a carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm and ammunition. In entering his guilty plea, Wood admitted that beginning on April 18, 2014, he conspired with his co-defendant to acquire 80 grams of methamphetamine which was to be distributed in Portales, N.M. Wood admitted that they completed their transaction on April 22, 2014. Wood and his co-conspirator were transporting the drugs from Arizona to Portales on April 24, 2014, when they were arrested at the U.S. Border Patrol checkpoint near Alamogordo, N.M., after Border Patrol agents found 80 grams of methamphetamine, a hand gun, a shotgun and ammunition in their vehicle during a routine vehicle inspection. Wood admitted to having a gun and ammunition because he was transporting methamphetamine even though he knew that he not allowed to possess the firearms and ammunition because he had been convicted of at least four felonies.
On Dec. 12, 2014, Shipley also pled guilty to a felony information charging him with participation in a methamphetamine trafficking conspiracy, distribution of methamphetamine; and using and carrying a firearm in relation to a drug trafficking crime. Shipley has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Alamogordo Station of the U.S. Border Patrol. Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Hobbs Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Luis Carlos Bujanda, 47, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 70 months in federal prison followed by two years of supervised release for his methamphetamine trafficking conviction.
Bujanda was arrested on Dec. 12, 2013, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Lea County, N.M., on Nov. 14, 2013. He subsequently was indicted in March 2014, on that same charge.
Court filings reflect that Bujanda was arrested by officers of the Lea County Drug Task Force on Nov. 14, 2013, when officers executed a search warrant at Bujanda’s residence in Hobbs and seized more than 500 grams of substances that tested positive for methamphetamine and $3,366.00 in cash.
On July 24, 2014, Bujanda entered a guilty plea to the indictment. In his plea agreement, Bujanda admitted possessing more than 431 grams of pure methamphetamine and $3,366.00 which were seized by officers when they executed a search warrant at his residence on Nov. 14, 2013. Under the terms of his plea agreement, Bujanda also was ordered to forfeit the currency seized from his residence and a Dodge Ram truck purchased with drug proceeds.
This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department, the Tatum Police Department and the Jal Police Department, 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.
Navajo Man from Beclabito Pleads Guilty to Federal Arson ChargeRead the Press Release
ALBUQUERQUE – Benjamin Joe Begay, Jr., 45, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a federal arson charge.
Begay was arrested on Aug. 19, 2014, on a criminal complaint charging him with arson, and was indicted on that same charge on Aug. 26, 2014. According to court filings, Begay set fire to the residence he shared with his wife and children on July 31, 2014, following an argument with his family. The residence, its contents and a grey truck were a total loss to the fire.
During today’s proceedings, Begay admitted willfully and maliciously setting fire to the home he shared with his wife and family on July 31, 2014, on the Navajo Indian Reservation in San Juan County, N.M. At sentencing, Begay faces a statutory maximum penalty of life in prison and up to five years of supervised release. His sentencing hearing has yet to be scheduled.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI. This case is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native 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.