District of New Mexico

ALBUQUERQUE – Francisco Balderrama, 27, of El Paso, Texas, pleaded guilty today in federal court in Las Cruces, N.M., to conspiracy to distribute heroin, methamphetamine and cocaine within the Doña Ana County Detention Center (DACDC).  At the time he committed the offense, Balderrama was employed as a corrections officer at the DACDC.

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

Balderrama, Aguirre, Huerta and Morales subsequently were indicted on Jan. 14, 2015, and charged with conspiracy to distribute heroin, methamphetamine and cocaine in June 2013.

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

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

At sentencing, each of the four defendants faces a statutory maximum penalty of 20 years in prison followed by not less than three years of supervised release.  Their sentencing hearings have yet to be scheduled.

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

ALBUQUERQUE – Jean Claud Mills, 31, of Albuquerque, N.M., entered a guilty plea in federal court this morning to methamphetamine trafficking and firearms charges.  Under the terms of his plea agreement, Mills will be sentenced to 11 years in federal prison followed by a term of supervised release to be determined by the court.

Mills was arrested on May 16, 2014, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and using and carrying a firearm in furtherance of a drug trafficking crime.  Mills subsequently was indicted on June 11, 2014, and charged with (1) possession of methamphetamine with intent to distribute, (2) being a felon in possession of firearms and ammunition, and (3) using and carrying a firearm in relation to a drug trafficking crime.  Court records reflect that in May 2014, Mills was prohibited from possessing firearms and ammunition because he previously had been convicted of felony offenses including possession of narcotics with intent to distribute and conspiracy to tamper with evidence.

According to the criminal complaint, on May 15, 2014, Mills attempted to sell a pound of methamphetamine to undercover detectives of the Albuquerque Police Department (APD) for $13,000.00.  The APD detectives recovered a handgun and two magazines of ammunition from an open glove compartment in Mills’ vehicle.

During today’s change of plea hearing, Mills pled guilty to Counts 1 and 2 of the indictment.  Mills admitted that on May 15, 2014, he sold a pound of methamphetamine to two men for $13,000.00, and was arrested by law enforcement officers before he got into his vehicle to leave.  Mills further admitted that on that day he possessed a firearm even though he was a convicted felon and was on probation.

Mills has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Border Enforcement Security Task Force of the Albuquerque office of Homeland Security Investigations (HSI) and APD.  Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.

ALBUQUERQUE – Three brothers, all enrolled members of the Navajo Nation, were arrested last week on a criminal complaint charging them with murder and assault offenses arising out of a homicide and an assault that occurred in Fruitland, N.M., on March 21, 2015.  Also arrested was a Navajo woman who impeded law enforcement efforts to apprehend the three men.  The arrests were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Director John Billison of the Navajo Nation Division of Public Safety.

Elijah Shirley, 30, and Michael Shirley, 31, both of Kirtland, N.M., and Maynard Shirley, 36, who until recently resided in the Phoenix, Ariz., area, are charged in a criminal complaint with the murder of a Navajo man and an assault on the murder victim’s father on March 21, 2015, in Fruitland in San Juan County, N.M.  According to the criminal complaint, Elijah Shirley, Maynard Shirley and Michael Shirley allegedly broke into the victims’ residence in the early hours of March 21, 2015, and assaulted the victims with a machete-like knife and a gun.  One victim allegedly died as a result of a stab wound to the chest and the second victim allegedly suffered serious bodily injuries, including a collapsed lung and multiple stab wounds, during the attack.  

Elijah Shirley was arrested on March 25, 2015, and his brothers Maynard Shirley and Michael Shirley were arrested on March 27, 2015.  Elijah and Maynard Shirley were ordered detained pending trial during federal court proceedings held in Albuquerque, N.M., earlier today.  Michael Shirley remains in custody pending a detention hearing which has yet to be scheduled.

Arnelia Williams, 25, was arrested on March 27, 2015, on a separate criminal complaint charging her with being an accessory after the fact for hindering and preventing the apprehension of Maynard and Michael Shirley.  During today’s court proceedings, Williams was also ordered detained pending a detention hearing which has yet to be scheduled.

If convicted on the charges in the criminal complaint, Elijah Shirley, Maynard Shirley and Michael Shirley each face a statutory maximum penalty of life in prison on the murder charge and a ten-year prison sentence on the assault charge.  Williams faces a statutory maximum penalty of 15 years in prison if convicted for being an accessory after the fact.  Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

These cases were investigated by the Farmington office of the FBI and the Kayenta and Shiprock offices of the Navajo Nation Division of Public Safety, and are being prosecuted by Assistant U.S. Attorney Linda Mott.

ALBUQUERQUE – This morning in federal court, Benson Pete, 74, an enrolled member of the Navajo Nation who resides in Gamerco, N.M., pled guilty to a felony information charging him with making a false statement to a law enforcement agency.  Under the terms of a plea agreement with the U.S. Attorney’s Office, Pete will be sentenced to a range of 12 to 33 months in federal prison followed by a period of supervised release to be determined by the court.

Pete was arrested on June 3, 2014, on an indictment charging him two counts of sexual abuse of a child under the age of 12 between Jan. 1, 2013 and March 31, 2013, in Indian Country in McKinley County, N.M.

During today’s proceedings, Pete pled guilty to an information charging him with making a false statement to a law enforcement agency.  In entering the guilty plea, Pete admitted that on July 30, 2013, he provided false information regarding the aggravated sexual abuse of a victim to the FBI. Pete further admitted that he withdrew any claims that he was coerced by an FBI agent, and that the statements he made on July 30, 2013, were voluntarily made.

This case was investigated by the Gallup office of the FBI and is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Raquel Ruiz-Velez.

ALBUQUERQUE – Arthur L. Garcia, 23, a member and resident of Acoma Pueblo, N.M., pleaded guilty on Friday, March 27, 2015, to a voluntary manslaughter charge.

According to court filings, Garcia killed the victim, a 33-year-old Acoma Pueblo man, in the early morning hours of May 8, 2014, by throwing a weight at the victim and striking him in the head.  The crime occurred during a scuffle between Garcia and the victim on Acoma Pueblo in Cibola County, N.M.

During Friday’s proceedings, Garcia pled guilty to a felony information charging him with voluntary manslaughter.  In entering his guilty plea, Garcia admitted killing the victim by striking the victim with a ten-pound weight with the intention of causing him serious bodily injury.

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

This case was investigated by the Albuquerque office of the FBI, the Acoma/Laguna Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department.  Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.

ALBUQUERQUE – Michael Benally, 31, an enrolled member of the Navajo Nation who resides in Littlewater, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to assault charges.  Benally is the last of three defendants to enter a guilty plea in this case.

Benally and co-defendants Gabriel Largo, 28, and Joshua Largo, 20, both enrolled members of the Navajo Nation who reside in Crownpoint, N.M., were arrested on Sept. 17, 2014, on a criminal complaint charging them with assaulting a Navajo man with a sledgehammer and a rock and causing him serious bodily injury.  The complaint alleges that the assault took place in the Crownpoint Chapter of the Navajo Nation in McKinley County, N.M., on Sept. 5, 2014.

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

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

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

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

At sentencing, Benally and Gabriel Largo face a maximum statutory penalty of ten years imprisonment and Joshua Largo faces a statutory maximum penalty of five years in prison.  Their sentencing hearings have 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 Linda Mott.

ALBUQUERQUE – Efrain Sanchez Jr., 26, of San Bernardino, Calif., made his initial appearance this morning in federal court in Albuquerque, N.M., on a criminal complaint charging him with possession of methamphetamine with intent to distribute.  Sanchez remains in federal custody pending a preliminary hearing and a detention hearing which are scheduled for March 30, 2015.

Sanchez was arrested yesterday after DEA agents allegedly seized approximately 11.22 pounds of methamphetamine from his baggage during a consensual search at the Greyhound Bus Station in Albuquerque.

If convicted on the charge in the criminal complaint, Sanchez faces a statutory maximum penalty of not less than ten years and not more than life in prison.  Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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

ALBUQUERQUE – Jeremy Boucher, 28, of Albuquerque, N.M., pleaded guilty this morning to mail fraud and identity theft charges.  The guilty plea was entered without the benefit of a plea agreement.

Boucher was arrested on Nov. 25, 2014, on a criminal complaint charging him with mail theft and possession of stolen mail from Dec. 2013 through Oct. 2014, in Bernalillo County, N.M.  The complaint alleged that on Nov. 14, 2014, U.S. Postal Inspectors and the Albuquerque Police Department executed a search warrant on Boucher’s residence where they uncovered large amounts of stolen mail, including financial documents, dating back to Dec. 2013.

Boucher was subsequently charged in a four-count indictment on Jan. 8, 2015.  Counts 1 and 2 charged Boucher with mail theft from Nov. 2013 through Oct. 2014.  Count 3 charged Boucher with an attempt to execute a scheme to obtain money by false pretenses through the use of another person’s bank accounts, and Count 4 charged Boucher with identity theft.

During today’s proceedings, Boucher pled guilty to the four-count indictment.  At sentencing, Boucher faces a statutory maximum penalty of five years in federal prison on the mail theft charges and 30 years in prison on the bank fraud charge.  He also will be sentenced to a mandatory two-years in prison on the identity theft charge that must be served consecutive to any sentence imposed on the theft and bank fraud charges.

 This case was investigated by the U.S. Postal Inspection Service and the Albuquerque Police Department.  Assistant U.S. Attorney Paul Mysliwiec is prosecuting this case.

ALBUQUERQUE – Orlando J. Johnson, 23, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with theft occurring in Indian Country.

Johnson was arrested on Oct. 31, 2014, after officers of the Navajo Nation Division of Public Safety were called to a fast food restaurant in Shiprock in response to a report that an elderly Navajo man had been robbed of his wallet and money.  According to the criminal complaint, Johnson followed the victim out of the restaurant and stole the wallet from the victim’s pocket.  The victim chased Johnson for approximately half a mile in his truck until he caught up to Johnson, who returned the wallet.

During today’s proceedings, Johnson pled guilty to a felony information charging him with theft occurring in Indian Country.  In entering the guilty plea, Johnson admitted that on Oct. 23, 2014, in San Juan County, N.M., he stole a wallet and cash from the victim. 

At sentencing, Johnson faces a statutory maximum penalty of five years of imprisonment followed by at least one year of supervised release.  Johnson has been in federal custody since his arrest.  He remains detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting this case.

ALBUQUERQUE – Sarah N. Romero, 35, of Santa Fe, N.M., was sentenced in federal court in Albuquerque, N.M., this morning to 18 months in federal prison followed by three years of supervised release for her 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.

Romero and her co-defendants, Ashraf Nassar, 31, Phillip Anaya, 38, Krystal Holmes, 28, and Daniel Trujillo, 32, 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.

 Romero pled guilty on Oct. 28, 2014, to a conspiracy count and admitted her participation in a conspiracy to distribute Oxycodone in the Santa Fe area between Dec. 2012 and Sept. 2013.  Romero further admitted that she would frequently receive oxycodone from Nassar which she would then redistribute, and would also supply Nassar with oxycodone which he would redistribute.  Romero is responsible for trafficking 6, 240 mg of oxycodone.

Two of Romero’s co-defendants also have entered guilty pleas.  Anaya pled guilty on Nov. 19, 2014, and Trujillo pled guilty on Jan. 30, 2015.  Each admitted participating in the Oxycodone trafficking conspiracy and admitted receiving Oxycodone from Nassar which they redistributed.  Under the terms of their respective plea agreements, Anaya will be sentenced to 46 months in federal prison and Trujillo faces a statutory maximum penalty of 20 years in federal prison.  Both men remain in custody pending sentencing hearings.

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.

ALBUQUERQUE – Carlos Franco, 35, of Roswell, N.M., was sentenced this afternoon in federal court in Las Cruces, N.M., to 27 months in prison followed by three years of supervised release for violating the federal firearms laws.

Franco was arrested on Feb. 26, 2014, on an indictment charging him with being a felon in possession of a firearm and ammunition, on June 5, 2013, in Chaves County, N.M.  At the time, Franco was prohibited from possessing firearms or ammunition because he previously had been convicted of second degree murder and aggravated battery with a deadly weapon.

On Sept. 2, 2014, Franco pled guilty to the indictment, and admitted possessing a pistol and multiple round of ammunition on June 5, 2013.

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

ALBUQUERQUE – Gary Anthony Harris, 50, of Carle Place, N.Y., was sentenced this morning in federal court in Las Cruces, N.M., to 12 months in federal prison followed by two years of supervised release for his conviction on marijuana trafficking charges.

Harris and co-defendant Eric Bernard Harris, 46, of St. Albans, N.Y., were charged by criminal complaint on Aug. 8, 2013, with conspiracy to distribute marijuana.   The criminal complaint stated that on July 27, 2011, Carl Francis Carter, 61, of Deptford, N.J., was arrested in Hidalgo County, N.M., after an officer of the New Mexico Department of Public Safety Motor Transportation Division found 527 kilograms (1163 pounds) of marijuana concealed in Carter’s commercial vehicle during a routine inspection.   Subsequent investigation by Homeland Security Investigations (HSI) linked Gary Harris and Eric Harris to the marijuana seized from Carter.

According to the criminal complaint, Carter had been in communication with Gary Harris on the night of his arrest, and Eric Harris had attempted to contact Carter the morning after his arrest.  Investigations also revealed that Gary Harris and Eric Harris traveled from New York to Phoenix, Ariz., on July 17, 2011, to facilitate the purchase of the marijuana found in Carter’s commercial vehicle and to transport it from Tucson, Ariz., to New York.  Gary Harris and Eric Harris traveled back to New York on July 27, 2011, following Carter’s arrest.  

On Aug. 13, 2013, HSI agents arrested Gary Harris in Carle Place, N.Y., and Eric Harris in New York, N.Y.  The two men subsequently appeared in Las Cruces federal court to face the charges against them.  On Nov. 13, 2013, Gary Harris and Eric Harris were indicted and charged with conspiracy and possession of marijuana with intent to distribute.

On March 4, 2014, Gary Harris pleaded guilty to possession of marijuana with intent to distribute.  In his plea agreement, Gary Harris admitted possession of 300 pounds of the marijuana that was found in Carter’s commercial vehicle.  He also acknowledged that Carter was hauling a total of 527 kilograms (1163 pounds) of marijuana when he was arrested on July 27, 2011.  Gary Harris further admitted traveling from New York to Phoenix to facilitate the purchase and transportation of the marijuana seized from Carter. As part of his plea agreement with the U.S. Attorney’s Office, Gary Harris forfeited $52,882.97 in drug proceeds which were seized from two bank accounts and a safe deposit box by HSI pursuant to seizure warrants.

Carter pled guilty to a marijuana trafficking charge on Jan. 31, 2012, and admitted knowingly possessing 527 kilograms of marijuana on July 27, 2011.  Carter admitted knowing that the marijuana was concealed in his commercial vehicle and that he expected to be paid for delivering the marijuana for further distribution.  Carter’s sentencing hearing has yet to be scheduled.  He faces a penalty of not less than five years and not more than 40 years in prison when he is sentenced.

On March 7, 2014, Eric Harris pleaded guilty to both counts of the Indictment charging him with conspiracy to distribute marijuana and possession of marijuana with intent to distribute, and admitted conspiring with Gary Harris, Carter and others to distribute the 527 kilograms of marijuana found in Carter’s commercial vehicle. At sentencing, Eric Harris faces a sentence of not less than five years and not more than 40 years in prison. A sentencing hearing has yet to be scheduled.

This case was investigated by the Deming office of HSI with assistance from the New Mexico Department of Public Safety Motor Transportation Division, and is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Chris Apachito, 41, an enrolled member of the Navajo Nation who resides in Magdalena, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with sexually abusing four minor females over a twenty-one-year period.  Under the terms of his plea agreement, Apachito will be sentenced to 25 years in federal prison followed by a term of supervised release to be determined by the court.  Apachito will be required to register as a sex offender after completing his prison sentence.

Apachito was arrested on Nov. 21, 2014, on an indictment alleging the he sexually abused a child under the age of 16 from May 2012 through Jan. 2014.  The indictment alleged that Apachito violated the young victim in locations within the Navajo Indian Reservation in Socorro County, N.M.

During today’s hearing, Apachito entered a guilty plea to a felony information charging him with having unlawful sexual contact with four children between 1991 and 2012.  In entering his guilty plea, Apachito admitted sexually molesting an eight-year-old child and a six-year-old child between Sept. 1991 and Oct. 1991.  He also admitted sexually molesting a 16-year-old child in March 2006, and a 13-year-old child between May 2012 and Sept. 2012.  Apachito admitted that he committed these crimes in Alamo, N.M., which is within the Navajo Indian Reservation.

Apachito has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled.

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

ALBUQUERQUE – Calvin Fuson, 44, an enrolled member of the Navajo Nation who resides in Winslow, Ariz., was sentenced this morning in federal court in Albuquerque, N.M., to 345 days or time served in federal prison for his misdemeanor assault conviction.

Fuson was arrested on April 17, 2014, on a criminal complaint alleging that on Dec. 25, 2013, he assaulted a Navajo man by stabbing him with a knife.  According to the complaint, officers of the Navajo Nation Division of Public Safety responded to a call reporting a stabbing that occurred in Naschitti, N.M., which is located on the Navajo Indian Reservation.  The victim was treated for a stab wound.  Fuson subsequently was indicted and charged with assault resulting in serious bodily injury and assault with a dangerous weapon.

On Feb. 12, 2015, Fuson pled guilty to a misdemeanor information charging him with assault by striking, beating or wounding.  In entering his guilty plea, Fuson admitted that on Dec. 25, 2013, while at his family’s residence in Naschitti, he stabbed the victim, a 50-year-old Navajo man, with a knife during a fight.  Both Fuson and the victim required medical treatment for injuries he sustained during the fight.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Sabre R. Carney, 24, of Hobbs, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to trafficking methamphetamine in Lea County, N.M.

Carney was arrested on Jan. 6, 2015, on a criminal complaint charging him with possession of methamphetamine and cocaine with intent to distribute.  According to the complaint, officers of the Probation and Parole Division of the New Mexico Corrections Department found approximately 7.8 grams of cocaine and 3.1 grams of marijuana in Carney’s pockets and a handgun, 20.9 grams of methamphetamine and 22.7 grams of cocaine in a vehicle  parked in the driveway of Carney’s residence when they conducted a home visit on Nov. 19, 2014.  The Probation and Parole officers then contacted the Lea County Drug Task Force (LCDTF) who obtained a search warrant for Carney’s residence where they found approximately 87.5 gram of methamphetamine, electronic scales and $981.00 in cash.

During today’s proceedings, Carney pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering his guilty plea, Carney admitted that on Nov. 19, 2014, a probation officer searched the vehicle and found methamphetamine and a handgun.  Carney further admitted that LCDTF officers found methamphetamine, which he intended to distribute to others, when they searched his residence later that same day.

At sentencing, Carney faces a mandatory minimum of five years and a maximum of 40 years in federal prison followed by at least four years of supervised release.  He remains detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force, with assistance from the Probation and Parole Division of the New Mexico Corrections Department.  Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.   

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

ALBUQUERQUE – Jaime Juan Alvarado, 36, of Roswell, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.

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

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

Alvarado remains in federal custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Alvarado faces a maximum of 20 years in federal prison followed by a minimum of three years of supervised release.

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

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

ALBUQUERQUE – Ramon Perez, Sr., 33, of Eunice, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to violating federal firearms laws.  Under the terms of his plea agreement, Perez will be sentenced to 72 months in federal prison followed by a term of supervised release to be determined by the court.

Perez 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.

Perez was arrested on Nov. 17, 2014, on an indictment charging him with unlawfully possessing firearms and ammunition on Dec. 31, 2013, in Lea County, N.M.  At the time, Perez was prohibited from possessing firearms and ammunition because he previously had been convicted of numerous felony offenses including possession of cocaine, discharging a firearm, possession of narcotics with intent to distribute, possession of a firearm during the commission of a felony and possession of a controlled substance.

During today’s proceedings, Perez pled guilty to the indictment and admitted possessing three pistols, two of which had obliterated serial numbers, and multiple rounds of ammunition.

Perez has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Randy M. Castellano 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.

ALBUQUERQUE – Scott Thompson, 28, of Farmington, N.M., pled guilty today to a second degree murder charge arising out of the kidnapping and brutal murder of a 28-year old Navajo woman.  Three co-defendants, Justin Benally, 26, of Farmington, N.M., Mariah Benally, 22, and LaSheena Jacquez, 27, both of Kirtland, N.M., entered similar guilty pleas in Oct. and Nov. 2014.

 Thompson, Justin Benally, Mariah Benally and Jacquez are four of five individuals, all of whom are enrolled members of the Navajo Nation, who were indicted in Jan. 2014, on criminal charges arising from the kidnapping and murder of the victim on Oct. 23, 2013.  The five defendants previously had been arrested in Dec. 2013, on a criminal complaint that was filed after law enforcement authorities received information that the victim, who had been reported as missing in Nov. 2013, had been murdered.  The victim’s remains were recovered on Dec. 9, 2013.

In addition to charging Thompson, Justin Benally, Mariah Benally and Jacquez, the four-count indictment also charged Patrick Benally, 26, of Kirtland, N.M., 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 a warrant for an unrelated crime.  The indictment alleges that the crimes charged occurred on the Navajo Indian Reservation within San Juan County, N.M.

This morning, Thompson pled guilty to a felony information charging him with second degree murder.   In entering his guilty plea, Thompson admitted aiding and abetting the victim’s murder by participating in her kidnapping and taking actions that ultimately resulted in the victim’s death.  Under the terms of his plea agreement, Thompson will be sentenced to a term of imprisonment within the range of 252 to 360 months (21 to 30 years).

On Nov. 19, 2014, Justin Benally pled guilty to a felony information charging him with second degree murder.   In entering his guilty plea, Justin Benally admitted aiding and abetting the victim’s murder by participating in her kidnapping and taking actions that ultimately resulted in the victim’s death.  Under the terms of his plea agreement, Justin Benally will be sentenced to a 22-year term of imprisonment.

On Oct. 29, 2014, Mariah Benally also pled guilty to a second degree murder charge.  Mariah Benally admitted causing the victim’s death by throwing rocks at her, and aiding and abetting others who also caused the victim’s death.  She also admitted throwing rocks at the victim after the victim had been repeatedly stabbed by three of her co-defendants and thrown off a cliff by one of the co-defendants.  Mariah Benally also aided her co-defendants in restraining the victim and transporting her to the murder site, and destroying evidence of their crimes.  

Jacquez pled guilty to a second degree murder charge on Oct. 16, 2014, and admitted causing the victim’s death on Oct. 23, 2013, by repeatedly stabbing the victim with a knife, throwing rocks at the victim, and aiding and abetting others who also caused the victim’s death. Jacquez also admitted that she destroyed evidence and aided and abetted others in the destruction of evidence in an effort to evade prosecution.

Thompson, Justin Benally, Mariah Benally and Jacquez 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.

Patrick Benally has entered a not guilty plea to the indictment and is detained pending trial, which is currently scheduled for May 2015.  If convicted of the charges in the indictment, Patrick Benally faces a maximum statutory penalty of life imprisonment.  Charges in indictments are merely accusations and defendants are presumed innocent unless convicted in a court of law.

This case was investigated by the Farmington office of the FBI, the Farmington Police Department and the San Juan County Sheriff’s Office.  Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting the case.

ALBUQUERQUE – Lorin Nelson Dee, 49, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in federal prison followed by five years of supervised release for his federal abusive sexual contact conviction.

Dee was arrested in April 2014, on a criminal complaint charging him with aggravated sexual abuse and abusive sexual contact.  Dee subsequently was indicted on those two charges on May 7, 2014.  According to court filings, Dee forced a Navajo woman to engage in a sexual act on April 23, 2014, at a location within the Navajo Indian Reservation in San Juan County, N.M.

On Dec. 8, 2014, Dee pled guilty to Count 2 of the indictment, charging him with abusive sexual contact.  In his plea agreement, Dee admitted using force to sexually abuse the victim by intentionally touching and rubbing her breast on April 23, 2014.

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

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

ALBUQUERQUE – Miguel Angel Tinajero-Martinez, 25, a Mexican national illegally in the United States, was sentenced today in federal court in Las Cruces, N.M., to 51 months in federal prison for his methamphetamine and cocaine trafficking convictions.  He will be deported after he completes his prison sentence.

Tinajero-Martinez was indicted on Feb. 19, 2014, under the moniker “4 Runner” and was charged with conspiracy and distribution of methamphetamine.  He was arrested on Feb. 27, 2014, and has been in federal custody since that time.

On July 24, 2014, Tinajero-Martinez entered a guilty plea to a four-count felony information charging him with (1) conspiracy; (2) distribution of methamphetamine in Doña Ana County, N.M., on Jan. 27, 2014; (3) distribution of methamphetamine in Doña Ana County, N.M., on Feb. 27, 2014; and (4) possession of cocaine with intent to distribute in El Paso County, Texas, on Feb. 27, 2014.

According to court records, Tinajero-Martinez conspired with others to distribute three kilograms of methamphetamine in Doña Ana County, N.M., between Dec. 2, 2013 and Feb. 27, 2014.  More specifically, Tinajero-Martinez distributed a kilogram of methamphetamine to an undercover agent on Jan. 27, 2014, and two kilograms of methamphetamine to undercover agents on Feb. 27, 2014.  The drug transactions were negotiated by Tinajero-Martinez’s co-conspirators and Tinajero-Martinez delivered the methamphetamine to the agents.  Tinajero-Martinez also possessed seven kilograms of cocaine at his home in Horizon, Texas; he waived venue to permit him to enter his guilty plea in federal court in New Mexico.

The indictment in this case was the result of a multi-agency investigation that was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program.  OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

This case was investigated by the Las Cruces office of the FBI and Las Cruces/Doña Ana County Metro Narcotics Agency, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Yareli Jasmin Bustamante-Conchas, 28, a Mexican citizen illegally residing in Albuquerque, N.M., pleaded guilty this morning to a federal heroin trafficking charge.

Bustamante-Conchas was arrested on a criminal complaint on Aug. 29, 2014, in Bernalillo County, N.M., after DEA agents seized approximately 745.4 grams of heroin, drug packaging materials and $42,818.47 in U.S. currency from Bustamante-Conchas’ residence during a consensual search.

Bustamante-Conchas was subsequently indicted on Sept. 23, 2014, and charged with possession of heroin with intent to distribute.  The indictment included forfeiture provisions seeking an order requiring Bustamante-Conchas to forfeit $102,000.00 representing drug proceeds in addition to the $42,818.47 seized from her home on Aug. 29, 2014.

During today’s proceedings, Bustamante-Conchas pled guilty to the indictment and admitted that on Aug. 28, 2014, DEA agents seized 745.4 grams of heroin, approximately $42,818.47 in cash and drug packaging materials from her home.  Bustamante-Conchas also admitted that she was illegally present in the United States and had been making approximately $3,000.00 a week by distributing heroin since Dec. 2013.

Bustamante-Conchas has been in federal custody since her arrest and remains detained pending a sentencing hearing which has yet to be scheduled.  At sentencing, Bustamante-Conchas faces a mandatory minimum of five years and a maximum of 40 years in prison.  She will be deported after completing her prison sentence.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.

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

ALBUQUERQUE – Pedro Lucero, 38, of Farmington, N.M., was sentenced this morning in federal court in Albuquerque, N.M., for his methamphetamine trafficking conviction.  Lucero was sentenced to five years in federal prison followed by three years of supervised release.

Lucero was one of 29 individuals charged in Feb. 2014, with drug trafficking charges 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, N.M., 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.

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.

ALBUQUERQUE – Victor Corral, 25, of El Paso, Texas, was sentenced this morning in federal court in Las Cruces, N.M., to 27 months in federal prison followed by three years of supervised release for transporting illegal aliens into Doña Ana County, N.M.

Corral was arrested on July 24, 2014, on a criminal complaint charging him with conspiracy to transport illegal aliens.  According to the complaint, on that day, U.S. Border Patrol Agents encountered Corral along with four other individuals traveling on New Mexico Highway 9. At the time of the encounter, Corral and the driver of the vehicle were transporting three illegal aliens from the United States/Mexico border where the illegal aliens had unlawfully entered the country to a location in El Paso, Texas.  According to the criminal complaint, Corral made a post arrest statement in which he acknowledged that he earned approximately $3,000.00 a week over a nine-month period for smuggling illegal aliens from El Paso to other locations in the United States.

Corral pled guilty on Sept. 5, 2014, to a felony information charging him with conspiracy to transport illegal aliens.  The plea was entered without the benefit of a plea agreement.

This case was investigated by the Santa Teresa Customs and Border Protection/U.S. Border Patrol and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Kevin Cohn, 31, of Rialta, Calif., was sentenced this morning to 33 months followed by three years of supervised release for his conspiracy to commit bank fraud conviction.  Cohn was also ordered to pay $30,514.16 in restitution.

Cohn’s co-defendants, Denny Smith, 51, of Hesperia, Calif., and Michael Anthony Bjornethun, 40, of Riverside, Calif., were charged with bank fraud offenses in a criminal complaint filed on Jan. 13, 2014.  The two subsequently were indicted on Jan. 22, 2014, and charged with conspiracy to commit bank fraud and five counts of bank fraud.

Cohn was added as a defendant to the case in a 12-count superseding indictment filed on March 26, 2014.  Count 1 of the indictment charged Smith and Cohn with conspiracy to commit bank fraud and Count 2 charged Smith and Bjornethun with the same offense.  Counts 3 through 12 charged the three men with individual bank fraud offenses.  According to the superseding indictment and other court filings, Cohn, Smith and Bjornethun perpetuated a scheme in Jan. 2014, to defraud a bank by using counterfeit debit cards to purchase items from U.S. Post Offices in New Mexico, Arizona and Texas.

On Dec. 9, 2014, Cohn pled guilty to Count 1 of the superseding indictment charging him with conspiracy to commit bank fraud.  In entering his guilty plea, Cohn admitted that in Jan. 2014, he traveled with Smith from California to Arizona, New Mexico and Texas, where they visited various post offices and purchased stamps, gift cards and other items with counterfeit debit cards.  Cohn admitted that the purpose of the trip was to commit fraud.   In his plea agreement, Cohn admitted that he and his co-conspirators perpetuated fraud in the amount of $30,505.52 during the life of their bank fraud scheme.

Cohn’s co-defendants previously entered guilty pleas and have been sentenced.  Smith entered a guilty plea on June 24, 2014, to Counts 1 and 2 of the superseding indictment.  He was sentenced on Aug. 25, 2014, to 27 months in federal prison followed by three years of supervised release.  Bjornethun plead guilty to the original indictment without the benefit of a plea agreement on March 19, 2014.  On June 30, 2014, he was sentenced to 172 days of time served followed by two years of supervised release.

This case was investigated by the U.S. Postal Inspection Service and was prosecuted by Assistants U.S. Attorney Samuel A. Hurtado and C. Paige Messec.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez released the following statement today regarding the fatal shooting of Alex Yazzie, a Police Officer with the Navajo Nation Division of Public Safety who was commissioned as a Special Federal Officer by the BIA’s Office of Justice Services:

 “Officer Alex Yazzie was a dedicated law enforcement officer and a courageous public servant.  Although he was taken from us so suddenly and far too soon, Officer Yazzie leaves behind an indelible legacy that will live on in the lives he touched through the work that the BIA, the Navajo Nation Division of Public Safety and all tribal police officers continue to perform to safeguard and protect our tribal communities.  His loss is a tragic reminder that the work of our law enforcement officers is profoundly heroic and deserving of our most emphatic support.  The thoughts and prayers of the law enforcement community will be with Officer Yazzie’s family and loved ones throughout this difficult time.  And as we go forward, the Department of Justice and the U.S. Attorney’s Office intend to honor his service and his sacrifice by continuing to fight for the values he protected every day, and to protect the tribal communities for whom he gave his life.”

ALBUQUERQUE – Alex R. Alicea pleaded guilty today in federal court to assaulting an Indian man by threatening him with a firearm at a convenience store located in Albuquerque, N.M., on land held in trust by the United States for the 19 Indian Pueblos in New Mexico.

Alicea, 33, a non-Indian man who resides in Albuquerque, was arrested on Oct. 31, 2014, on a criminal complaint alleging that he assaulted an Oglala Sioux Indian man on Oct. 26, 2014, by brandishing a firearm at him.  According to the criminal complaint, the assault occurred at the Four Winds Travel Center, which is next to the Indian Pueblo Cultural Center on land that is deemed as Indian Country in Albuquerque.

 During today’s proceedings, Alicea pled guilty to a felony information charging him with aggravated assault with a deadly weapon.  In entering his guilty plea, Alicea admitted that on Oct. 26, 2014, he assaulted the victim by intentionally and recklessly displaying a firearm in a threatening manner.

At sentencing, Alicea faces a statutory maximum penalty of 18 months in federal prison followed by a term of supervised release to be determined by the court.  A sentencing hearing has not yet been scheduled.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Albuquerque Police Department.  Assistant U.S. Attorney Novaline Wilson is prosecuting this case.

ALBUQUERQUE – Kyle Mendenhall, 21, of Las Cruces, N.M., was sentenced today in Las Cruces federal court to 18 months in prison followed by three years of supervised release for his prescription drug trafficking conviction.

Michael Garret Schavier, 31, Juan Rubalcava, 41, Michael Frye, 26, Shane Smolik, 27, Carlos Teran, 31, and Kristopher Hollingshead, 25, all of Las Cruces, N.M., were charged in a 14-count indictment that was filed by a federal grand jury in Las Cruces on Dec. 13, 2012.  The indictment alleged that between Dec. 2011 and May 2012, the defendants conspired illegally to distribute Oxycodone and Adderall Doña Ana County, N.M.   The indictment also charged members of the conspiracy with possession of Oxycodone and Adderall with intent to distribute.

According to the indictment, the defendants used fraudulent prescriptions to obtain Oxycodone, a painkiller, and Adderall, a stimulant, from pharmacies in Las Cruces and Alamogordo, N.M.  The indictment alleged that, during a six-month period, the defendants fraudulently obtained an aggregate of 2,691 pills of Oxycodone (30 mg), 120 pills of Oxycodone (15 mg), and 390 pills of Adderall (30 mg), with the intention of unlawfully distributing the pills.

Mendenhall pled guilty on Dec. 27, 2013, to one count of conspiracy, one count of distributing Oxycodone and three counts of distributing Oxycodone and Adderall. He admitted that between May 3 and May 17, 2012, he obtained a total of 1,131 tablets of Oxycodone and 210 tablets of Adderall by passing fraudulent prescriptions at various pharmacies, often with the assistance of his codefendants Schavier and Rubalcava.

All eight defendants have entered guilty pleas:

• Rubalcava pled guilty on April 18, 2013, and was sentenced on Feb. 11, 2014, to 120 months in prison.
• Frye pled guilty on Jan. 22, 2014, and was sentenced on Aug. 25, 2014, to 12 months in prison.
• Smolik pled guilty on April 11, 2013, and was sentenced on Oct. 9, 2013, to 15 months in prison.
• Hollingshead pled guilty on April 18, 2013, and was sentenced on Sept. 23, 2013, to eight months in prison.
•  Schavier pled guilty on Feb. 11, 2014, and Teran pled guilty on Feb. 3, 2014.  Both are awaiting sentencing hearings, which have yet to be scheduled.

This case was investigated by the Tactical Diversion Squad of the El Paso Division of the DEA, the U.S. Marshals Service, U.S. Border Patrol, the Doña Ana County Sheriff’s Office and the Alamogordo Department of Public Safety.  Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

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

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.

ALBUQUERQUE – Connie C. Sims, 43, of Eunice, N.M., pled guilty late yesterday afternoon to federal tax evasion charges in federal court in Las Cruces, N.M., for violating the federal tax laws, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Dawn Mertz of the Phoenix Field Office of IRS Criminal Investigation.

Sims was charged with four counts of federal tax evasion in an indictment filed in Sept. 2014.  The indictment charged Sims with evading her federal tax obligations during tax years 2009, 2010, 2011 and 2012 by failing to report her true income.  At the time the offenses were committed, Sims was employed as the office manager of a surveillance equipment company located in Hobbs, N.M.

During yesterday’s proceedings, Sims pled guilty to all four counts of the indictment and admitted that she knowingly evaded approximately $120,366.00 in federal taxes by failing to report an aggregate of $482,890.00 in income during tax years 2009, 2010, 2011 and 2012.  In her plea agreement, Sims admitted that from 2010 through 2013, she wrote checks to herself on the company’s bank accounts and did not report the money as compensation when she filed her federal tax returns.  Sims acknowledged deriving an aggregate amount of $482,890.00 by writing checks to herself, which resulted in a loss of $120,366.00 to the IRS when she failed to report the income in her federal tax returns.

At sentencing, Sims faces a statutory maximum penalty of five years in federal prison on each of the four tax evasion counts.  Under the terms of the plea agreement, Sims will be required to pay $120,336.00 in restitution to the IRS.  Sims remains on conditions of release and under pretrial supervision pending her sentencing hearing, which has yet to be scheduled.

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

ALBUQUERQUE – Zachary Milton Hess, 19, of Las Cruces, N.M., pleaded guilty this afternoon in federal court to a misdemeanor information charging him with being an accessary after the fact to the interstate transmission of an extortionate communication.  Under the terms of his plea agreement, Hess will be sentenced to five years of probation and ordered to pay $77,934.00 in restitution.

Hess was arrested on Aug. 25, 2014, on a criminal complaint charging him with sending in interstate commerce a threat to shoot up his college campus.  According to the criminal complaint, on May 27, 2014, an individual anonymously threatened to “shoot [his] college campus up in 3 days” and identified his college as New Mexico State University (NMSU) while “chatting” on an Internet website.  The threat subsequently was posted on to NMSU’s Facebook page and was passed onto law enforcement, including the FBI.  The FBI’s investigation revealed that the IP Address from which the threat was posted was subscribed to Hess’s residence.  An examination of Hess’s computer revealed that it had been used to visit the website on the same date and time on which the threat was posted.

The criminal complaint states that NMSU expended significant resources in responding to the threat.  Among other things, NMSU officials informed approximately 18,774 students, facility, staff and private citizens about the anonymous threat; advised students, faculty and staff to depart the campus; and shut down its new student registration process.  NMSU lost approximately 1,000 staff hours in responding to the threat.

During today’s proceedings, Hess pled guilty to being an accessory after the fact to the interstate transmission of an extortionate communication.  In his plea agreement, Hess admitted that on May 29, 2014, he knew that communications had been sent over the Internet making threats to shoot up NMSU and that he assisted in hindering the investigation into the threats.

Hess remains on conditions of release pending his sentencing hearing, which has yet to be schedule.  The plea agreement requires that Hess be sentenced to five years of probation and to pay $77,934.00 in restitution to cover the costs of NMSU’s response to the threats.

This case was investigated by the Las Cruces office of the FBI and the NMSU Police Department, and is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Kenneth Durante, 57, of Ramah, N.M., was sentenced today to 120 months in federal prison for his possession of a stolen firearm conviction.  Durante will be on supervised release for three years after completing his term of incarceration.

Durante was arrested on Jan. 6, 2014, in Gallup, N.M., on an indictment charging him with being a felon in possession of a firearm.  The indictment alleged that Durante unlawfully possessed a firearm and ammunition on July 6, 2013, in McKinley County, N.M.  At the time, Durante was prohibited from possessing firearms and ammunition because he previously had been convicted of aggravated burglary, aggravated assault, aggravated battery, attempted second degree murder and possession of marijuana.

On Dec. 3, 2014, Durante pled guilty to a felony information charging him with possession of a stolen firearm.  Durante admitted possessing a loaded revolver which had been stolen from a residence when he was encountered by law enforcement on July 6, 2013, in McKinley County, N.M.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the McKinley County Sheriff’s Office.  This case was prosecuted by Assistant U.S. Attorney David M. Walsh.

The 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.

ALBUQUERQUE – Tomas Bustamante-Machado, 51, a Mexican citizen illegally residing in Phoenix, Ariz., pleaded guilty this morning in Albuquerque, N.M., to federal trafficking charges.

Bustamante-Machado was arrested on Jan. 16, 2015, in Bernalillo County, N.M., after the New Mexico State Police found approximately 1286 grams (2.8 pounds) of heroin hidden in his vehicle following a routine traffic stop.  According to the criminal complaint, the heroin was found in an altered compartment in the back seat of Bustamante-Machado’s vehicle after he consented to a search of the vehicle.  Court documents indicate that Bustamante-Machado is a Mexican citizen who was out of prison on an immigration bond pending a deportation hearing at the time of his arrest in this case.  Bustamante-Machado subsequently was indicted on Feb. 10, 2015, and charged with possession of heroin with intent to distribute.

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

Bustamante-Machado has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Bustamante-Machado faces a mandatory minimum of ten years and a maximum of life in federal prison.  He will be deported after completing his prison sentence.

This case was investigated by the Border Enforcement Security Task Force (the BEST Team) of the Albuquerque office of HSI and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Joel R. Meyers and the Organized Crime Section of the U.S. Attorney’s Office.

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

ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., found Juan De Dios Ramos-Ruiz, 50, a Mexican national residing in Socorro, N.M., guilty on an indictment charging him with conspiracy to transport illegal aliens.  The guilty plea was announced by U.S. Attorney Damon P. Martinez and El Paso Sector Chief Border Agent Jeffrey D. Self of the U.S. Border Patrol.

Ramos-Ruiz was arrested on Nov. 18, 2014, on a criminal complaint charging him with conspiracy to transport illegal aliens.  He subsequently was indicted on Jan. 14, 2015, and charged with the same crime.  Trial against Ramos-Ruiz commenced on March 16, 2015, and concluded late this morning when the jury returned a guilty verdict on the sole count of the indictment.

The evidence at trial established that on July 17, 2014, Border Patrol agents executed a traffic stop of a car driven by a woman (the driver) in the vicinity of Hachita, N.M., in Luna County, N.M.  As an agent approached the car, he observed two passengers in the back seat who were crouched down in an effort to conceal themselves.  The agents arrested the three individuals after determining that the driver was a U.S. citizen and the two passengers were Mexican nationals illegally in the United States.  The driver testified at trial that she was recruited by Ramos-Ruiz to transport the two illegal aliens from Socorro to Deming, N.M., on July 17, 2014, with the understanding that someone else would transport them from there to another destination.  The driver described how Ramos-Ruiz drove ahead of her as a “look out” for the Border Patrol while she followed in her vehicle with the two illegal aliens.  The driver also admitted that Ramos-Ruiz paid her $200.00 at the beginning of the drive and expected to be paid another $200.00 when she successfully delivered the two illegal aliens to Deming.

The two illegal aliens also testified and admitted paying $3,500.00 each to be smuggled into the United States.  They testified that after being transported to the United States-Mexico border near El Paso, Texas, on July 15, 2014, they were picked up by Ramos-Ruiz who took them to a mobile home were they remained until July 17, 2014.  In the early morning of July 17, 2014, the illegal aliens were picked up by the driver who instructed them to stay low in the vehicle to avoid detection by law enforcement.

The jury deliberated approximately 25 minutes before returning its guilty verdict.

Ramos-Ruiz has been in federal custody since his arrest and remains in federal custody pending his sentencing hearing which has yet to be scheduled.  Ramos-Ruiz faces a statutory maximum penalty of ten years in prison and will be deported after completing his prison sentence.

This case was investigated by the Las Cruces Border Patrol Station of the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorneys Luis A. Martinez and E. Garreth Winstead, III.

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ALBUQUERQUE – Tomson Largo, 26, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to sexual abuse charges.  Under the terms of his plea agreement, Largo will be sentenced to 90 months in federal prison followed by a lifetime of supervised release.  He also will be required to register as a sex offender.

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

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

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

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

ALBUQUERQUE – Jerry Ernest Lopez, 33, of Albuquerque, N.M., was sentenced today in federal court to 84 months in federal prison for his methamphetamine trafficking conviction.  He will be on supervised release for four years after he completes his prison sentence.

Lopez 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.

Lopez was arrested in May 2014, on a criminal complaint alleging that he unlawfully possessed methamphetamine, firearms and ammunition on May 27, 2014, in Bernalillo County, N.M.  According to the criminal complaint, officers of the Albuquerque Police Department apprehended Lopez at his residence following the execution of a felony warrant on his residence.  The complaint alleges that detective located approximately three ounces of methamphetamine, dozens of prescription pills, more than $10,000.00 in cash, five firearms and significant amounts of ammunition inside safes that were located inside Lopez’s bedroom. At the time, Lopez was prohibited from possessing firearms or ammunition because he previously had been convicted of three counts of possession of a controlled substance and forgery in the 2nd Judicial District Court for the State of New Mexico.

Lopez was indicted on June 24, 2014, in a three-count indictment, charging him with being a felon in possession of firearms and ammunition, possession with intent to distribute methamphetamine, and possession of firearms in furtherance of a drug trafficking crime.  On Nov. 5, 2014, Lopez pled guilty to one count of possession with intent to distribute.  In entering his guilty plea, Lopez admitted that on May 27, 2014, he possessed more than 50 grams of methamphetamine that was seized by law enforcement from his home in northeast Albuquerque along with $10,335.00 in cash during the execution of a search warrant.  Lopez further admitted to being a drug dealer.

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

ALBUQUERQUE – Crystal Torres, 29, was sentenced yesterday in federal court in Santa Fe, N.M., to 20 months in prison followed by three years of supervised release for her assault with a dangerous weapon conviction.

Torres, a member and resident of Ohkay Owingeh Pueblo, was arrested on Feb. 14, 2013, on an indictment charging her with assaulting a woman with a hammer, and assaulting a man with a knife.  According to the indictment, both offenses occurred on Jan. 22, 2012, on Ohkay Owingeh Pueblo lands.  Court filings reflect that the victim of the second assault was an officer of the Ohkay Owingeh Tribal Police Department. 

On Nov. 19, 2013, Torres pled guilty to the second count of the indictment charging her with assault with a dangerous weapon, a knife.  According to Torres’s plea agreement, on Jan. 22, 2012, tribal officers were dispatched to Torres’s residence on Ohkay Owingeh Pueblo.  When the officers arrived, they observed Torres running towards a road and into traffic.  When the victim attempted to catch Torres to get her out of the lane of traffic after three vehicles nearly struck her, Torres pulled out a hunting knife and advanced toward the victim, ignoring the victim’s commands that she drop the knife.  

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Pete N. Kassetas of the New Mexico State Police (NMSP) announced today that Vidal Sandoval, 45, a Deputy of the Colfax County Sheriff’s Office who resides in Cimarron, N.M., has been indicted for aiding and abetting a drug trafficking crime.  Sandoval made his initial appearance on the indictment in federal court in Albuquerque, N.M., this afternoon, and was remanded into federal custody pending an arraignment and detention hearing which is scheduled for Monday, March 16, 2015.

Sandoval is charged in an indictment that was filed under seal on March 10, 2015, and was unsealed earlier today after he was arrested by the FBI and NMSP.  The indictment alleges 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 includes 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.       

According to affidavits submitted in support of court-approved search warrants that were executed following Sandoval’s arrest, the investigation into Sandoval began in summer 2014, after two men reported to the NMSP that a law enforcement officer allegedly seized marijuana and cash from them during a traffic stop without giving them a receipt for the marijuana or money.  Investigation by the NMSP identified Sandoval as the officer allegedly involved in the traffic stop.

The affidavits allege that from Dec. 2014 through Feb. 2015, the FBI and NMSP deployed undercover agents into areas of Colfax County that Sandoval was known to patrol.  During that time, Sandoval allegedly conducted traffic stops on the undercover agents’ vehicles on three occasions during which he allegedly offered to escort the undercover agents through Colfax County with drugs and currency in exchange for a portion of their drug profits.  In Feb. 2015, Sandoval allegedly agreed to escort an undercover agent with a load of drugs through Colfax County.  On Feb. 28, 2015, Sandoval allegedly accepted cash for escorting the undercover agent, who was driving a vehicle containing cocaine, from Colfax County to the New Mexico/Colorado border.

If convicted of the offense charged in the indictment, Sandoval faces a mandatory minimum five years and a maximum of 40 years in federal prison.  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, and the Colfax County Sheriff’s Office is cooperating in the ongoing investigation.  Assistant U.S. Attorney Sean J. Sullivan is prosecuting the case.

ALBUQUERQUE – Vidal Sandoval, 45, a Deputy of the Colfax County Sheriff’s Office who resides in Cimarron, N.M., was arrested earlier today by the FBI and the New Mexico State Police.  Additional information will be available when Sandoval makes his initial appearance in federal court in Albuquerque, N.M., later today.

ALBUQUERQUE – David V. Munoz, 39, of Carlsbad, N.M., entered a guilty plea in federal court in Las Cruces, N.M., this morning to narcotics trafficking and firearms charges.

Munoz was charged by criminal complaint on Nov. 10, 2014, with methamphetamine trafficking charges, and was arrested on Dec. 15, 2014, after being transferred from state custody to federal custody.  According to the complaint, on Oct. 20, 2014, the Pecos Valley Drug Task Force (PVDTF) executed a search warrant on Munoz’s residence and vehicle where they located ammunition and several firearms, approximately 784 grams of methamphetamine, approximately 9.42 grams of heroin, and approximately $1,391.00 in cash.

During today’s change of plea hearing, Munoz pled guilty to a three-count felony information charging him with possession of methamphetamine with intent to distribute methamphetamine; being a felon in possession of firearms and ammunition; and possession of heroin with intent to distribute.  In his plea agreement, Munoz admitted that during an Oct. 20, 2014 search of his residence and vehicle, PVDTF officers seized approximately 81.81 grams of methamphetamine and 11.88 grams of heroin from his bedroom and several firearms and ammunition from throughout his residence.  He also admitted that the officers seized approximately 613.58 grams of methamphetamine from his vehicle.  Munoz admitted that in Oct. 2014, he was prohibited from possessing firearms or ammunition because he previously had been convicted of conspiracy to traffic illegal drugs in Oklahoma.

At sentencing, Munoz faces not less than five years and not more than 40 years in prison on the methamphetamine charge; a maximum of ten years in prison on the firearms charge; and not more than 20 years in prison on the heroin charge.  Munoz remains in federal custody pending sentencing, which has yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and is being prosecuted by Special Assistant U.S. Attorney Selesia Lee Winston of the U.S. Attorney’s Las Cruces Branch Office.

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

ALBUQUERQUE – Orlando Sanchez, Jr., 39, of Montclaire, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.

Sanchez was arrested on a criminal complaint on Jan. 31, 2014, after a Bernalillo County Sheriff’s Deputy executed a traffic stop on his vehicle for a careless driving violation.  A consensual search of Sanchez’s vehicle revealed that Sanchez was transporting approximately one pound of methamphetamine concealed in the engine compartment of his vehicle.  Sanchez subsequently was indicted on Feb. 26, 2014, and charged with possession of methamphetamine with intent to distribute on Jan. 30, 2014, in Bernalillo County, N.M.

Today, Sanchez entered a guilty plea to a felony information charging him with possession with intent to distribute methamphetamine.  In entering the guilty plea, Sanchez admitted that on Jan. 30, 2014, he unlawfully possessed approximately 431.8 grams of methamphetamine with the intention of transporting it east to be sold in other states.

Sanchez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Sanchez faces a statutory maximum penalty of 20 years in prison followed by at least three years of supervised release.

This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting this case.

ALBUQUERQUE – Mark Anthony Miller, 48, of Albuquerque, N.M., was sentenced this morning in federal court to 120 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.

Miller was arrested on Feb. 24, 2013, at the Amtrak train station in Albuquerque after a consensual search by DEA agents revealed that Miller had concealed bundles containing approximately .95 kilograms of methamphetamine in a backpack. Miller subsequently was indicted on March 5, 2013, and charged with possession of methamphetamine with intent to distribute.

Miller entered a guilty plea to the indictment on May 19, 2014. The guilty plea was entered without the benefit of a plea agreement.

This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office, which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles.  Assistant U.S. Attorneys Holland S. Kastrin and Jon K. Stanford prosecuted the case.

ALBUQUERQUE – Eric Chino, 32, a member and resident of Acoma Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to an abusive sexual contact charge.  Under the terms of his plea agreement, Chino will be sentenced to a range of 24 to 36 months in federal prison followed by a term of supervised release to be determined by court.

Chino was arrested on Nov. 26, 2014, on an indictment charging him with aggravated sexual abuse.  The indictment alleged that Chino sexually assaulted an Acoma Pueblo woman on June 24, 2012, in Acoma Pueblo within Cibola County, N.M.

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

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

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

ALBUQUERQUE – Staffred Kai Begay, 42, of Durango, Colo., was sentenced today to time served, 216 days in federal prison, followed by a year of supervised release for his federal child abuse conviction.  He also was ordered to pay $256.11 in restitution to cover medical expenses for the victim.

Begay was arrested on Aug. 12, 2014, on a criminal complaint charging him with child abuse.  According to the criminal complaint, on Aug. 7, 2014, a Navajo Indian juvenile (victim) called the authorities to report that Begay was assaulting his mother at a residence located on the Navajo Nation Indian Reservation in San Juan County, N.M.  Officers of the Navajo Nation Division of Public Safety responded to the call, but found no one at the residence.  The officers responded to a second call in the early morning hours of Aug. 8, 2014, and learned that Begay struck the victim with an axe and broke the victim’s arm.

 On Dec. 15, 2014, Begay pled guilty to an indictment charging him with abuse of a child resulting in serious bodily injury.  In entering the guilty plea, Begay admitted that on Aug. 7, 2014, he put a child in a situation that endangered the child’s life and resulted in serious bodily injury to the child.

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 Kyle T. Nayback.

ALBUQUERQUE – Duane Day, 25, a member and resident of Laguna Pueblo, N.M., pleaded guilty in federal court in Albuquerque, N.M., this morning to an assault and attempted manslaughter charges arising out of the strangulation of his intimate partner.

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

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

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

At sentencing Day faces a statutory maximum penalty of ten years in federal prison on the assault by strangulation charge and seven years in prison on the attempted manslaughter charge.  Day remains detained pending a sentencing hearing which has yet to be scheduled.

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

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

ALBUQUERQUE – Curtis Wallace Pack, Jr., 31, of San Diego, Calif., was sentenced this morning in federal court in Santa Fe, N.M., to 60 months in prison followed by four years of supervised release for his heroin trafficking conviction.

Pack was arrested on Sept. 12, 2013, at the Greyhound Bus Station in Albuquerque, N.M., after a consensual search by DEA agents revealed that Pack had concealed bundles containing approximately .95 kilograms of heroin inside a gift-wrapped package.  Pack subsequently was indicted on Oct. 9, 2013, and charged with possession of heroin with intent to distribute.

Pack entered a guilty plea to the indictment on March 14, 2014, and admitted possessing the heroin with the intent to distribute in Bernalillo County, N.M.

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

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

ALBUQUERQUE – Terrence Fred Cachini, 28, a member and resident of Zuni Pueblo, N.M., made his initial appearance in federal court in Albuquerque, N.M., on a criminal complaint charging him with assault resulting in serious bodily injury.  Cachini entered a not guilty plea to the charge in the criminal complaint and was released to a half-way house pending trial.

 The criminal complaint alleges that Cachini assaulted a three-year-old Indian child and caused the victim to suffer serious bodily injury on Feb. 24, 2015, at a residence in Zuni Pueblo within McKinley County, N.M.  According to the criminal complaint, the FBI initiated an investigation into Cachini on Feb. 25, 2015, after receiving a report from medical staff at the University of New Mexico Hospital where the victim was being treated for injuries, including soft tissue injuries to all planes of the victim’s body, allegedly caused by physical abuse.

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

This case was investigated by the Albuquerque and Gallup offices of the FBI.  Assistant U.S. Attorney Sarah Mease is prosecuting the case.

ALBUQUERQUE – Dario Olivas, 24, of Veguita, N.M., was sentenced today in federal court in Santa Fe, N.M., to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.

Olivas was arrested on Aug. 9, 2013, on an indictment charging him with two counts of distributing methamphetamine in Valencia County, N.M., on May 14, 2013 and July 8, 2013.

Olivas pled guilty on March 11, 2014, to one count of methamphetamine distribution.   In entering his guilty plea, Olivas admitted that on May 14, 2013, he sold approximately 30.5 gross grams of methamphetamine to an undercover DEA task force officer for $1,100.00 at a restaurant in Belen, N.M.  Olivas further admitted that on July 8, 2013, he sold approximately 88.8 gross grams of methamphetamine to the same undercover DEA task force officer for $3,300.00 at a restaurant in Belen.

This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Stephen R. Kotz.

ALBUQUERQUE – Reynaldo Griego, 38, of Albuquerque, N.M., was sentenced this morning in federal court to 120 months in prison followed by four years of supervised release for his conviction on methamphetamine trafficking charges.

Griego was arrested on Feb. 28, 2014, on a three-count indictment charging him and co-defendant Danielle Lemos, 33, also of Albuquerque, with conspiracy and distribution of methamphetamine.  The indictment alleged that the two codefendants conspired to distribute methamphetamine in Bernalillo County, N.M., in Jan. 2014 and Feb. 2014.

The indictment was superseded on Mar. 26, 2014, to include Lori Salgado, 27, of Rio Rancho, N.M., as a defendant and two additional methamphetamine distribution charges.  The two new charges alleged that Griego, Lemos and Salgado distributed methamphetamine on Feb. 11, 2014, and that Salgado possessed methamphetamine with intent to distribute on Feb. 27, 2014.

Griego pled guilty on Sept. 10, 2014, to Count 1 of the indictment which charged him with conspiracy to distribute methamphetamine.  In entering the guilty plea, Griego admitted that he agreed to sell methamphetamine with his co-defendants from Jan. 30, 2014 through Feb. 27, 2014, in Bernalillo County, N.M. H

Lemos entered a guilty plea on Sept. 10, 2014, to a felony information charging her with conspiracy to distribute methamphetamine, and was sentenced on March 3, 2015, to 33 months in federal prison followed by three years of supervised release.

Salgado pled guilty on Nov. 5, 2014, to a felony information charging her with conspiracy to distribute methamphetamine. Salgado remains in custody pending her sentencing hearing which is currently scheduled for March 24, 2015.

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

ALBUQUERQUE – Adrian Lopez, 25, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced this morning in federal court to 15 months in prison followed by two years of supervised release for assaulting a federal law enforcement officer.

Lopez was arrested Sept. 12, 2014, on a criminal complaint charging him with assault on a federal officer.   According to the complaint, Lopez assaulted a tribal officer who was commissioned as a special federal officer by the BIA on the Navajo Indian Reservation in San Juan County, N.M., on July 28, 2014, following a high speed vehicle pursuit.  Lopez subsequently was indicted and charged with assaulting a federal officer.

On Dec. 10, 2014, Lopez pled guilty to the indictment.  In his plea agreement, Lopez admitted being in a vehicle that was fleeing from tribal officers.  Lopez admitted that he and another person fled from the vehicle after it crashed, and that they ignored commands from the officers.  As officers attempted to arrest the couple, Lopez grabbed an officer’s belt and pulled him to the ground.  Lopez then struck the officer in the head several times and pushed his head into the ground with his hands.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Linda Mott.

ALBUQUERQUE – Patsy Vega-Montoya, 25, a Mexican national from Sonora, Mexico, was sentenced this morning in federal court in Albuquerque, N.M., to 41 months in federal prison.  Vega-Montoya will be deported after completing her term of imprisonment.

Vega-Montoya was arrested on Sept. 10, 2014, near Grants, N.M., after the New Mexico State Police found packages containing approximately 5.95 kilograms of heroin in her vehicle following a routine traffic stop.  Vega-Montoya subsequently was indicted on Sept. 23, 2014, and charged with possession of heroin with intent to distribute.

On Dec. 8, 2014, Vega-Montoya pled guilty to a felony information charging her with possession of heroin with intent to distribute.  In entering her guilty plea, Vega-Montoya admitted that on Sept. 10, 2014, when she was stopped by New Mexico State Police, she gave the officers permission to search her vehicle.  During the search, the officers found 11 packages containing approximately 5.95 kilograms of heroin which Vega-Montoya was being paid to transport to Colorado.

This case was investigated by the Albuquerque office of the DEA and New Mexico State Police and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

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

ALBUQUERQUE – Joshua Moya, 33, of Albuquerque, N.M., entered a guilty plea this morning to defrauding the Supplemental Nutrition Assistance Program, more commonly known as the Food Stamp Program.  Under the terms of his plea agreement, Moya will be sentenced to six months of imprisonment followed by a term of supervised release to be determined by the court.  Moya also will be required to pay $2444.00 in restitution.

Moya is one of six Albuquerque residents charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014.  The indictment alleged that between Dec. 2006 and Feb. 2010, Joseph Martin Padilla, 33, conspired with Moya, Sergio Escobedo, 36, Veronica Hernandez, 44, Justin Quintana, 28, and Wilfredo Lopez, 46, conspired to defraud the United States through the unauthorized use of Food Stamp benefits, which are currently called Supplemental Nutrition Assistance Program (SNAP) benefits.  During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department where he allegedly was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.

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

Count 1 of the indictment alleges that Padilla abused his position as a Family Assistance Analyst to conspire with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits.  It alleges that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value.  Count 2 alleges that Padilla established a fraudulent SNAP account and used the account to fraudulently obtain approximately $1,468.00 in SNAP benefits for himself.  Counts 3 through 27 of the indictment allege that Padilla fraudulently established 25 separate SNAP accounts through which the United States was defrauded of approximately $45,263.00 in SNAP benefits.  Counts 28 through 32 allege that Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain an aggregate of $12,705.00 in SNAP benefits.

During today’s change of plea hearing, Moya entered a guilty plea to Count 31 of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled.  In his plea agreement, Moya admitted that in early Dec. 2009, Padilla approached him while he was working in an Albuquerque barber shop and provided him with an application to obtain food stamps.  Moya admitted knowing that Padilla worked for the State of New Mexico and had the ability to register him for SNAP benefits.  Moya completed the application and returned it to Padilla for processing even though he knew that he was not entitled to SNAP benefits.  Moya admitted unlawfully receiving $866.00 in SNAP benefits.  Moya also admitted providing another application for SNAP benefits to a family member and that his relative unlawfully received $1578.00 in SNAP benefits.

Padilla and his four remaining co-defendants have entered not guilty pleas to the charges in the indictment.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

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