FEDERAL DISTRICT ARCHIVE
District of New Mexico
Press releases recorded for this federal judicial district.
Two Men from Crownpoint Plead Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Gabriel Largo, 27, and Joshua Largo, 20, both enrolled members of the Navajo Nation who reside in Crownpoint, N.M., pled guilty this morning in federal court to federal assault charges.
Gabriel Largo, Joshua Largo and their co-defendant Michael Benally, 31, a member of the Navajo Nation who resides in Littlewater, 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, Gabriel Largo pled guilty to a felony information charging him with assault, and 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, Gabriel Largo 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, Gabriel Largo admitted obtaining a sledgehammer from Benally and using it to strike the victim.
Joshua Largo also pled guilty to a felony information 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, Gabriel Largo faces a statutory maximum penalty of ten years in prison and Joshua Largo faces a statutory maximum penalty of five years in prison. Their sentencing hearings have yet to be scheduled.
Benally has entered a plea of not guilty and is pending trial. Charges in criminal complaints and indictments are merely accusations. Defendants are presumed innocent unless found guilty beyond a reasonable doubt.
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.
Las Cruces Man Pleads Guilty to Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Anthony Calderon, 40, of Las Cruces, N.M., pleaded guilty this afternoon in federal court to heroin and methamphetamine trafficking charges. Under the terms of his plea agreement, Calderon will be sentenced to a prison term in the range of 24 to 36 months.
Calderon was arrested on Aug. 8, 2014, in Las Cruces on an indictment charging him with two counts of distributing heroin and one count of distributing methamphetamine in Doña Ana County, N.M. The indictment also charged Calderon’s co-defendant Orlando Roman, 34, also of Las Cruces, with one count of heroin distribution. Roman was arrested on Oct. 9, 2014.
During today’s proceedings, Calderon pled guilty to all three counts of the indictment and admitted that on April 15 and April 16, 2014, he distributed approximately 75.3 grams of heroin to a person working under the supervision of law enforcement. Calderon also admitted that on May 27, 2014, he distributed approximately 101.1 grams of methamphetamine to a person working under the supervision of law enforcement.
Co-defendant Roman has entered a plea of not guilty. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Albuquerque Man Pleads Guilty to Laundering Money for Major Narcotics Trafficking OrganizationRead the Press Release
ALBUQUERQUE – Jerome Eckstein, 39, of Albuquerque, N.M., pled guilty today to a money laundering charge under a plea agreement with the U.S. Attorney’s Office that provides for up to 20 months in federal prison.
Eckstein was one of 19 defendants charged in Dec. 2012, with drug trafficking and money laundering charges in a 60-count indictment. The indictment was superseded twice; first in Feb. 2014, to add a 20th defendant and a witness tampering charge, and again in Sept. 2014, to add another witness tampering charge and a heroin trafficking charge.
The charges filed in the case were the result of a 16-month multi-agency investigation into a drug trafficking organization headed by Christopher Roybal, 35, of Albuquerque, N.M., which was led by the FBI, IRS and Albuquerque Police Department with assistance from the DEA, the HIDTA Region I Narcotic Task Force and the Bernalillo County Sheriff’s Office. The investigation, code-named “Operation Rain Check,” was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
According to the original indictment, Roybal and ten others conspired to distribute large quantities of cocaine in New Mexico between Aug. 2011 and Dec. 2012. It further alleged that Roybal and nine others conspired to distribute marijuana between Oct. 2011 and Dec. 2012. The indictment also included three separate money laundering conspiracies, 22 money laundering offenses, and 18 “telephone counts,” offenses alleging the use of a communications device to facilitate a drug trafficking offense. The indictment was superseded in May 2014, to add a new charge against defendant George Roybal, 53, of Albuquerque, alleging that he threatened an FBI informant to prevent the informant from testifying at the trial of this case which was then scheduled to begin on May 19, 2014. It was superseded again in Sept. 2014, to add two new charges against defendant Kenneth Ulibarri, 36, of Albuquerque. The new charges alleged that Ulibarri attempted to murder an FBI informant to prevent that informant from testifying at the trial of this case which was then scheduled to begin on Nov. 10, 2014, and also charged Ulibarri with distributing heroin in Bernalillo County, N.M., in May 2014.
During today’s proceedings, Eckstein pled guilty to a money laundering charge in the second superseding indictment. In entering his guilty plea, Eckstein admitted that between Nov. 2011 and Dec. 2012, he received a large sum of cash from an undercover agent as part of a sting operation. Eckstein further admitted that he should have known that undercover agent was holding himself out to be a drug dealer and that the cash he provided to Eckstein were drug proceeds. Eckstein admitted paying money back to the undercover agent with checks made payable to fictitious companies for work that was never performed.
Two of the defendants charged in this case have entered not guilty pleas and are pending trial. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the FBI, IRS Criminal Investigation and the Albuquerque Police Department, with assistance from the DEA, the HIDTA Region I Narcotics Task Force and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shana B. Long. Assistant U.S. Attorney Stephen R. Kotz is responsible for litigating the related civil asset forfeiture actions.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Lawrence Anthony Martinez, 39, of Albuquerque, N.M., pleaded guilty today in federal court to methamphetamine trafficking charges. Under the terms of his plea agreement, Martinez will be sentenced to 72 months in prison followed by a term of supervised release to be determined by the court.
Martinez was arrested on April 7, 2014, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition in Bernalillo County, N.M., on Jan. 20, 2014. According to the complaint, Martinez was arrested by Albuquerque Police Department (APD) officers on Jan. 20, 2014, after the officers found Martinez in possession of a pistol and methamphetamine during a child welfare check at his residence. Martinez subsequently was indicted on April 9, 2014, and charged with being a felon in possession of a firearm and ammunition, possession of methamphetamine with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime. At the time, Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including possession of a controlled substance, aggravated battery with a deadly weapon causing great bodily harm, burglary, stealing a motor vehicle, receiving or transferring a stolen vehicle, larceny, and aggravated fleeing a law enforcement officer.
During today’s proceedings, Martinez pled guilty to Count 2 of the indictment and admitted possessing methamphetamine with intent to distribute it for monetary gain on Jan. 20, 2014, in Albuquerque.
Martinez has been in custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD. Assistant U.S. Attorney Jon K. Stanford is prosecuting this case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Albuquerque Man Pleads Guilty to Brandishing a Firearm During Robbery of the First Financial Credit Union in February 2014Read the Press Release
ALBUQUERQUE – Devin Jasperse, 31, of Albuquerque, N.M., pled guilty this morning in federal court to the armed robbery of the First Financial Credit Union located on Coors Boulevard in Albuquerque, and to brandishing a semi-automatic pistol during the commissioning of that crime.
Jasperse was arrested on March 27, 2014, on a criminal complaint charging him with the armed robbery of the bank on Feb. 19, 2014, and with brandishing a firearm during a crime of violence. Jasperse subsequently was indicted on the same charges in a two-count indictment on April 23, 2014.
During today’s proceedings, Jasperse pled guilty to both counts of the indictment and admitted that on Feb. 19, 2014, he robbed the First Financial Credit Union at gunpoint. Jasperse admitted climbing over the teller counter, and yelling that he was committing a bank robbery and that he had a gun. After three bank tellers complied with his demands for cash, Jasperse climbed back over the teller counter and ran out of the bank with the cash. In entering his guilty plea, Jasperse also admitted that he disposed of the gun he used in the armed bank robbery and that he had stashed another firearm at an apartment which was later seized by law enforcement.
At sentencing, Jasperse faces a statutory maximum penalty of 25 years in federal prison on the armed bank robbery charge. He also faces a mandatory seven years in prison on the firearms charge that must be served consecutive to any sentence imposed on the armed bank robbery charge. Jasperse remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Lynn Wei-Yu Wang is prosecuting this case.
Acoma Pueblo Man Sentenced to Fifteen Months for Failure to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Mervin Hayah, 47, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court to 15 months in federal prison followed by five years of supervised release for failing to comply with the Sex Offender Registration and Notification Act (SORNA).
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Hayah was arrested on Nov. 20, 2013, in Grants, N.M., on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. On Dec. 17, 2013, Hayah was indicted for failing to update his registration between July 2013 and Oct. 2013 in Cibola County, N.M.
Court filings reflect that Hayah was convicted of a federal child sexual abuse offense in April 2002. On July 15, 2011, Hayah registered as a sex offender in Cibola County, N.M., and on April 29, 2013, he registered as a sex offender with the Acoma Pueblo Police in Acoma Pueblo. When he registered with Acoma Pueblo, Hayah was informed that he was required to update his registration by July 29, 2013, and Hayah failed to update his registration as required.
Hayah pled guilty to the indictment on Jan. 22, 2014.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and David Adams.
Nurse Practitioner Charged with Unlawfully Dispensing Oxycodone in Curry CountyRead the Press Release
ALBUQUERQUE – David L. Jones, 61, of Portales, N.M., made his initial appearance in federal court in Albuquerque, N.M., on a criminal complaint charging him with unlawfully dispensing of Oxycodone, a pain medication, outside the scope of his professional practice and without legitimate medical purpose. Jones entered a not guilty plea to the charges in the criminal complaint and was released pending trial on conditions of release under pretrial supervision.
According to the criminal complaint, Jones is a licensed nurse practitioner employed by a healthcare center in Clovis, N.M. It alleges that in Oct. 2014, DEA received information from the Curry County Sheriff’s Department that Jones was illegally prescribing prescription controlled substances. Acting on that information, the DEA interviewed one of Jones’ former patients who asserted that Jones allegedly provided him with prescriptions for Oxycodone despite knowing that he was addicted to painkiller. The former patient alleged that Jones provided the prescription with the understanding that he would provide Jones with Oxycodone.
The complaint further alleges that in Feb. 2015, the DEA and Curry County Sheriff’s Office pursued an investigation during which two confidential sources allegedly obtained prescriptions for Oxycodone from Jones with the understanding that they would give some of the Oxycodone to Jones. It further alleges that on Feb. 18 and Feb. 20, 2015, Jones provided three prescriptions for Oxycodone to the confidential sources which they used, under the supervision of DEA agents, to obtain Oxycodone. On Feb. 20, 2015, one of the informants allegedly provided some of the Oxycodone obtained with the prescriptions to Jones. Jones allegedly was in possession of the Oxycodone when DEA agents executed a search warrant on his vehicle.
If convicted of the charges in the criminal complaint, Jones faces a statutory maximum penalty of 20 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 Tactical Diversion Squad of the DEA’s Albuquerque office and the Curry County Sheriff’s Department. The case is being prosecuted by Assistant U.S. Attorney 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.
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 Man Pleads Guilty to Federal Methamphetamine Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Manuel Chavez, 33, 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, Chavez will be sentenced to 15 years in federal prison followed by a term of supervised release to be determined by the court.
Chavez was arrested on April 29, 2014, on a four-count indictment charging him with methamphetamine trafficking and firearms charges. Counts 1 and 2 of the indictment charged Chavez with being a felon in possession of firearms and ammunition in Sept. and Oct. 2013. At the time, Chavez was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses: conspiracy to possess methamphetamine with intent to distribute, contributing to the delinquency of a minor, aggravated assault, possession of a controlled substance, attempt to bring contraband into a prison and aggravated fleeing from law enforcement. Counts 3 and 4 charged Chavez with possession of methamphetamine with intent to distribute and using and carrying a firearm in relation to a drug trafficking crime on Oct. 24, 2013. The indictment alleged that Chavez committed all four offenses in Bernalillo County, N.M.
During today’s change of plea hearing, Chavez pled guilty to Counts 3 and 4 of the indictment. In his plea agreement, Chavez admitted that on Oct. 24, 2013, deputies of the Bernalillo County Sheriff’s Office executed a search warrant at his residence and found Chavez in possession of more than four ounces of methamphetamine and three firearms and ammunition.
Chavez 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 Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. The case is being prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Sarah Mease.
The case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Laguna Pueblo Man Sentenced to Ten Years in Federal Prison for Assaulting Laguna Pueblo Woman and a Federally Commissioned Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Preston Marmolejo, 32, a member and resident of Laguna Pueblo, was sentenced this morning in federal court to 120 months in prison followed by three years of supervised release for assaulting a Laguna Pueblo woman and a federally commissioned tribal police officer. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge William McClure of District IV of BIA’s Office of Justice Services, and Chief Herman D. Silva of the Pueblo of Laguna Tribal Police Department.
Marmolejo was arrested on Dec. 2, 2013, on a criminal complaint charging him with assault with a dangerous weapon and assault on a federal officer. He subsequently was charged in a four-count indictment with assault with a dangerous weapon, assault resulting in serious bodily injury, assaulting a federal officer, and using a firearm in furtherance of a crime of violence.
According to court filings, on Nov. 29, 2013, officers of the Pueblo of Laguna Police Department responded to a domestic violence call reporting that Marmolejo was assaulting his girlfriend, a Laguna Pueblo woman, with a knife. When the tribal officers arrived at Marmalejo’s residence, Marmolejo was holding a shotgun. Marmolejo disregarded the tribal officers’ commands that he put the weapon down and instead fired towards the officers and injured an officer who is federally commissioned by the BIA.
On Aug. 19, 2014, Marmolejo entered guilty pleas to Counts 1 and 3 of the indictment charging him with assault with a dangerous weapon and assaulting a federal officer, respectively. In his plea agreement, Marmolejo admitted assaulting the female victim with a knife and the federal commissioned tribal police officer with a shotgun.
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. The case was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
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.
Gallup Man Sentenced for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Calvin Frank Joe, 41, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced this morning to 42 months in federal prison followed by three years of supervised release for his involuntary manslaughter conviction.
Joe was arrested on Feb. 19, 2014, on an indictment charging him with second degree murder. The indictment alleged that Joe killed another Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on April 18, 2013.
Joe pled guilty on Nov. 4, 2014, to a felony information charging him with involuntary manslaughter. In his plea agreement, Joe admitted assaulting the victim by striking, beating and wounding him, and acknowledged that the assault resulted in the victim’s death.
The case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.
El Paso Man Sentenced to 46 Months for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBQUERQUE – Alejandro Carrillo, 38, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by two years of supervised release for his methamphetamine trafficking conviction.
Carrillo was arrested on April 23, 2014, after a search by U.S. Border Patrol agents revealed that Carrillo had concealed bundles of methamphetamine in his tractor-trailer during a routine traffic stop on Interstate 25 near mile marker 14 in Doña Ana County, N.M. Carrillo was subsequently indicted on July 16, 2014, and charged with possession of methamphetamine with intent to distribute.
Carrillo entered a guilty plea to the indictment on Sept. 18, 2014, and admitted that on April 23, 2014, he possessed approximately 4.28 kilograms of methamphetamine which he picked up from an individual in El Paso, Texas, and was transporting to another individual in Denver, Colo. Carrillo also admitted that he was to be paid $4,000.00 for a successful delivery of the methamphetamine.
This case was investigated by the Las Cruces Homeland Security Investigations, the U.S. Border Patrol and the New Mexico Department of Public Safety. Assistant U.S. Attorney Edwin Garreth Winstead prosecuted the case.
Deming Man Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Matthew Peña, 29, of Deming, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to ten years in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Peña was arrested on Jan. 27, 2014, in Deming, N.M., on a two-count indictment charging him and co-defendants Rebecca Torres, 41, Anthony Perez, 40, both of Deming, N.M., and Robert Snow, now deceased, with distributing methamphetamine. Count 1 of the indictment charged Peña and Torres with distributing methamphetamine in Doña Ana County, N.M., on June 18, 2013, and Count 2 charged Peña, Snow and Perez with distribution of methamphetamine in Luna County, N.M., on July 3, 2013.
Peña and Perez both pled guilty to the indictment on May 14, 2014, without the benefit of plea agreements. Torres entered a guilty plea on April 18, 2014, and was sentenced on Aug. 28, 2014, to 10 months in federal prison. Perez remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Albuquerque Man Sentenced to Prison for Robbing New Mexico Educators Federal Credit Union in April 2014Read the Press Release
ALBUQUERQUE – James Patrick Verdream, 48, of Albuquerque, N.M., was sentenced this morning to 46 months in federal prison followed by three years of supervised release for his bank robbery conviction. He was also ordered to pay restitution to the New Mexico Educators Federal Credit Union, the victim of his crime.
Verdream was arrested on May 5, 2014, in Arizona on a criminal complaint charging him with robbing the New Mexico Educators Federal Credit Union located on Indian School Road in Albuquerque, N.M., on April 22, 2014. He was subsequently indicted on that same charge on May 21, 2014.
According to court filings, the bank was robbed on the afternoon of April 22, 2014, by a man who slid a hand written note demanding money to a bank teller. After the teller complied with the demand, the bank robber left the bank with the cash. Court filings indicate that the bank robber took a taxi cab to the bank and then left the bank a short time later in the same taxi cab. Verdream was identified as the bank robber with the aid of video surveillance from the bank as was as well as by the positive identification from the taxi driver and Verdream’s New Mexico Department of Corrections Probation and Parole officer.
Verdream entered a guilty plea to the indictment on Nov. 13, 2014.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Acoma Pueblo Man Pleads Guilty to Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Hugh H. Poncho, 27, a member and resident of Acoma Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assaulting his intimate partner. Under the terms of his plea agreement Poncho will be sentenced to eight months in federal prison followed by a term of supervised release to be determined by the court.
Poncho was arrested on Sept. 15, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation. According to the complaint, on Sept. 11, 2014, officers of the Acoma Pueblo Tribal Police Department responded to a report of assault occurring in Acoma Pueblo in Cibola County, N.M. The complaint alleged that Poncho assaulted the victim, an Acoma Pueblo woman, by punching, kicking, head-butting and strangling her.
During today’s proceedings, Poncho entered a guilty plea to a felony information and admitted assaulting the victim by pushing her and causing her to fall. Poncho also admitted kicking the victim on her legs, punching her in the face, and head-butting her in the forehead. Poncha acknowledged that the victim sustained temporary but substantial injuries as a result of the assault.
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 Shammara H. Henderson.
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.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Dominic A. Sedillo, 23, of Roswell, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Sedillo was arrested on Jan. 24, 2014, in Roswell on a two-count indictment charging him with distributing methamphetamine in Eddy County, N.M., on April 25, 2013 and June 5, 2013.
During today’s proceedings, Sedillo pled guilty to both counts of the indictment. In entering his guilty plea, Sedillo admitted selling 24 grams of methamphetamine in exchange for $1,200.00 in April, and selling 58.8 grams of methamphetamine in change for $3,000.00 in June 2013. Both transactions occurred in Artesia, N.M.
Sedillo remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing Sedillo faces a prison sentence of not less than five years and not more than 40 years followed by at least four years of supervised release.
This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
Prior Felon from Carlsbad Sentenced to Ten Years for Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher O. Reza, 33, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to ten years in federal prison followed by four years of supervised release for his methamphetamine trafficking and firearms conviction.
Reza 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.
Reza was arrested on May 19, 2014, on a criminal complaint charging him with unlawfully possessing firearms and ammunition and using a firearm in relation to a drug trafficking crime. According to the criminal complaint, officers seized numerous weapons and ammunition as well as methamphetamine, heroin and marijuana when they executed a search warrant at Reza’s residence in Carlsbad on Jan. 28, 2014. At the time, Reza was prohibited from possessing firearms and ammunition because he previously had been convicted of numerous felony offenses including shooting at an inhabited dwelling, shooting from a motor vehicle, aggravated battery on a peace officer, being a felon in possession of a firearm, possession of methamphetamine with intent to distribute, breaking and entering, forgery and identity theft.
On Dec. 20, 2014, Reza pled guilty to a three-count felony information charging him with two counts of being a felon in possession of a firearm and one count of possession of methamphetamine with intent to distribute. In his plea agreement, Reza admitted possessing ammunition on Sept. 8, 2013, in Bernalillo County, N.M., and possessing 24 firearms and ammunition on Jan. 29, 2014, in Eddy County, N.M. He also admitted possessing 5.92 grams of pure methamphetamine on Jan. 29, 2014.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosive, the Pecos Valley Drug Task Force, the Carlsbad Police Department, the Artesia Police Department and the Eddy County Sheriff’s Office with assistance from the 5th Judicial District Attorney’s Office. Assistant U.S. Attorney Amanda Gould prosecuted the case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Last of Twenty-One Defendants Arrested in November 2013 as a Result of a Mult-Agency Investigation into Heroin Trafficking in Doña Ana County Pleads GuiltyRead the Press Release
ALBUQUERQUE – Patrick Gonzalez, 39, of Las Cruces, N.M., pleaded guilty today in federal court to heroin trafficking and firearms charges under a plea agreement that requires him to serve an 18-year federal prison sentence followed by a term of supervised release to be determined by the court.
Lead defendant Jovita Belmonte-Gonzalez, 43, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, Gonzalez, and 19 other Las Cruces residents were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted Belmonte-Gonzalez’ heroin trafficking activities of in Doña Ana County, N.M. Belmonte-Gonzales was named as the lead defendant in four of five indictments which charged her with supplying heroin to drug trafficking organizations that distributed heroin in Doña Ana County.
Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
During today’s proceedings, Gonzalez pled guilty to participating in a heroin trafficking conspiracy and to being a felon in possession of a firearm. In entering his guilty plea, Gonzalez admitted that from Sept. 2013 through Oct. 2013, he facilitated at least a dozen drug transactions involving an aggregate of 2.4 kilograms of heroin between Belmonte-Gonzalez and other co-conspirators. Gonzalez also admitted that he arranged for individuals to travel to Belmonte-Gonzalez in Juarez, Mexico, to purchase heroin on his behalf and then bring the heroin back to him in Doña Ana County, N.M., where he distributed the heroin to others. He further admitted that on Nov. 15, 2013, he possessed four firearms and that he kept them because of the dangers associated with dealing illegal drugs though he knew he was prohibited from possessing firearms because of his status as a convicted felon.
Gonzalez is the last of the 21 defendants charged as a result of the investigation to enter a guilty plea.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
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.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Las Cruces Resident Sentenced to Twenty Years in Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Clemente Eduardo Vasquez-De La Cruz, 27, a naturalized citizen from Ciudad Juarez, Mexico, who resides in Las Cruces, N.M., was sentenced this afternoon in federal court to 20 years in prison followed by three years of supervised release for violating the federal firearms laws.
Vasquez-De La Cruz was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this anti-violence 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.
Vasquez-De La Cruz was arrested in Dec. 2013, on a two-count indictment charging him with being a felon in possession of firearm and ammunition and possession of an unregistered short-barreled firearm. Vasquez-De La Cruz was charged with committing both crimes on April 5, 2013, in Doña Ana County, N.M. At the time, Vasquez-De La Cruz was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated assault, tampering with evidence, shooting at an occupied building and being a felon in possession of a firearm or destructive device.
Vasquez-De La Cruz pled guilty to the two-count indictment on April 9, 2014, without the benefit of a plea agreement. According to evidence presented during the prosecution of the case, Vasquez-De La Cruz was charged based on an incident on April 5, 2013, when he fired a shotgun at a Deputy of the Doña Ana County Sheriff’s Office.
Vasquez-De La Cruz also was convicted on related state charges by the 3rd Judicial District Attorney’s Office. His federal sentence will run concurrent with his state sentence.
This case was investigated by the Las Cruces office of Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Anna Wright of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Federal Jury Finds Deming Residents Guilty on Kidnapping and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a guilty verdict earlier today finding Jessie Hopper, Sr., 54, and Polly Hopper, 61, of Deming, N.M., guilty on kidnapping and firearms charges after a five-day trial. The verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New Mexico State Police Chief Pete Kassetas and Luna County Sheriff Jonathon Mooradian.
Hopper, Sr., Polly Hopper, and their co-defendant Jessie A. Hopper, Jr., 30, also of Deming, were arrested in June 2014, on a federal criminal complaint charging them with kidnapping and firearms charges. The three defendants subsequently were charged with conspiracy and kidnapping in a six-count indictment filed in May. 2014. The indictment also charged Hopper, Sr., and Hopper Jr., with brandishing a firearm in relation to a crime of violence, being felons in possession of firearms, and unlawfully possessing a sawed-off shotgun.
On Nov. 21, 2014, Hopper, Jr., entered a guilty plea to the five charges against him. Hopper, Sr., and Polly Hopper elected to proceed to trial, which commenced on Feb. 23, 2015 and concluded early this afternoon when the jury returned a guilty verdict finding both guilty on all charges against them.
The evidence at trial established that the three defendants kidnapped a woman and transported her in interstate commerce. It established that Hopper, Jr., and Hopper, Sr., kidnapped the victim in Hot Springs, Ark., on May 8, 2014, with the assistance of Polly Hopper. Hopper, Jr., handcuffed the victim and a firearm was brandished at the victim to force her to comply with Hopper, Jr.’s demands, including a demand that she telephone family members to assure them that she was voluntarily leaving Arkansas with Hopper, Jr. On May 8 and 9, 2014, the three defendants drove the victim from Arkansas to the defendants’ residence in Deming, where Hopper, Jr., and Hopper Sr., sexually assaulted the victim several times.
All three defendants have been in federal custody since their arrests and remain detained pending sentencing hearings, which have yet to be scheduled. At sentencing, each of the defendants faces a maximum of life imprisonment on the kidnapping charges. Hopper, Sr., and Hopper, Jr., each face a seven-year prison sentence for brandishing a firearm that must be served consecutive to any sentence imposed on the kidnapping charges.
The three defendants initially were arrested by the New Mexico State Police on state charges on May 10, 2014. They remained in state custody until they were transferred to federal custody on May 16, 2014, to face the charges in the federal case. The state charges, which were filed by the 6th Judicial District Attorney’s Office for the State of New Mexico, were dismissed in favor of federal prosecution.
This case was investigated by the Las Cruces office of the FBI, the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the Luna County Sheriff’s Office, with assistance from the 6th Judicial District Attorney’s Office for the State of New Mexico. The FBI in Little Rock, Ark., the Garland County (Arkansas) Sheriff’s Office, and the U.S. Attorney’s Office for the Western District of Arkansas also assisted in the investigation. The case is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Three San Juan County Residents Plead Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Casey Lamotte, 30, of Flora Vista, N.M., Curtis Murray, 51, of Farmington, N.M., and Robert Valdez, 51, of Bloomfield, N.M., entered guilty pleas today in federal court in Albuquerque, N.M., to methamphetamine trafficking charges
Lamotte, Murray and Valdez were three of 29 individuals charged in Feb. 2014, with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Thirteen of the defendants, including ringleader Isaac Anaya, 31, of Farmington, were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
During today’s proceedings, Lamotte and Murray each pled guilty to Count 1 of the indictment, and admitted participating in a conspiracy to distribute methamphetamine. Each also admitted that working as a distributor for Isaac Anaya between May 28, 2013 and Sept. 25, 2013. Lamotte further admitted to acting as a drug courier for Isaac Anaya by traveling to Arizona to obtain methamphetamine and transporting it back to Farmington, where the drugs were distributed by Isaac Anaya to other individuals.
Valdez pled guilty to Count 14 of the indictment, and admitted using a telephone to facilitate a drug trafficking offense. Valdez admitted discussing a methamphetamine purchase with co-defendant Richard Archuleta, 33, of Bloomfield, to obtain methamphetamine for himself and co-defendant Yvonne Anaya, 39, also of Bloomfield, in Aug. 2013. Archuleta pled guilty to conspiracy to distribute methamphetamine and a phone count on Sept.12, 2014. Yvonne Anaya has entered a not guilty plea.
To date, ten of the 13 federal defendants, including Isaac Anaya, have entered guilty pleas and are pending sentencing. The remaining three federal defendants have entered not guilty pleas to the indictment; they are presumed innocent unless found guilty beyond a reasonable doubt.
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorneys Reeve L. Swainston and Shana B. Long are prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Superseding Indictment Filed in Federal Child Exploitation Case Against Albuquerque ManRead the Press Release
ALBUQUERQUE – A federal grand jury filed a superseding indictment yesterday charging Bentley Streett, 39, of Albuquerque, N.M., with child exploitation charges.
Streett was arrested on Oct. 3, 2014, by the FBI and the Bernalillo County Sheriff’s Office (BCSO) on a criminal complaint alleging federal child exploitation charges. According to the criminal complaint, the investigation into Streett began in Oct. 2013, after the National Center for Missing and Exploited Children forwarded a tip to the New Mexico Internet Crimes Against Children (ICAC) Task Force. Streett subsequently was indicted on Oct. 21, 2014, and charged with two counts of coercion and enticement of minors to engage in sexually explicit conduct and two counts of transferring obscene matter to minors.
The nine-count superseding indictment filed by the grand jury yesterday charges Streett with two counts of interstate travel to engage in illicit sexual conduct with minors; four counts of attempted production of visual depictions of minors engaging in sexually explicit conduct; and three counts of transferring obscene matter to minors. Counts 1 and 2 of the superseding indictment allege that Streett traveled from New Mexico to Illinois in July 2013 and Aug. 2013, for the purpose of engaging in illicit sexual conduct with a minor female victim. Counts 3 and 6 allege that Streett attempted to persuade a second minor female victim to produce child pornography in Sept. 2013 and Dec. 2013, and Counts 4 and 5 allege that he attempted to persuade a third minor female victim to produce child pornography on two occasions in Nov. 2013. Count 7 alleges that Street transferred obscene material to the first minor female victim in July 2013, and Counts 8 and 9 allege that Streett transferred obscene matter to the third minor female victim in Nov. 2013 and Jan. 2014.
If convicted of the charges in the superseding indictment, Streett faces the following statutory penalties: imprisonment up to 30 years on each of Counts 1 and 2, the interstate travel to engage in illicit sex charges; not less than 15 years and not more than 30 years on each of Counts 3 through 6, the attempted production of child pornography charges; and imprisonment up to ten years on each of Counts 7 through 9, the transfer of obscene materials charges. If convicted of any charge in the superseding indictment, Streett also would be required to register as a sex offender. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI, the BCSO and the New Mexico ICAC Task Force. The case is being prosecuted by Assistant U.S. Attorney Shammara H. Henderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Carlsbad Woman Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Deloris Lozuaway, 61, of Carlsbad, N.M., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to being a felon in possession of firearms. The guilty plea was entered without the benefit of a plea agreement.
Lozuaway was arrested on Aug. 11, 2014, in Denver, Colo., by the Bureau of Alcohol, Tobacco, Firearms and Explosives and transferred to New Mexico to face the charges in an indictment alleging that she unlawfully possessed a firearm on Feb. 15, 2013 and on March 7, 2013, in Eddy County, N.M. According to court filings, Lozuaway was prohibited from possessing firearms or ammunition because she previously had been convicted of false pretenses and armed robbery.
Lozuaway entered a guilty plea to two counts of being a felon in possession of a firearm and admitted possessing rifles in Feb. 2013 and March 2013. Lozuaway also acknowledged that she was prohibited from possessing firearms because she was a convicted felon.
Lozuaway has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, Lozuaway faces a statutory maximum sentence of ten years in federal prison.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Resident Sentenced for Trafficking Heroin in Doña Ana CountyRead the Press Release
ALBUQUERQUE – Nathan Andrew Maestas, 31, of Las Cruces, N.M., was sentenced today in Las Cruces federal court to 72 months in federal prison followed by three years of supervised release for heroin trafficking charges in connection with five cases filed in 2013 as the result of a multi-agency investigation into drug trafficking in Doña Ana County, N.M.
Maestas, together with a Mexican national and 19 other Las Cruces residents, were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted the heroin trafficking activities of Jovita Belmonte-Gonzalez in Doña Ana County. Belmonte-Gonzales, 43, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, was named as the lead defendant in four of five indictments which charged her with supplying heroin to five drug trafficking organizations that distributed heroin in Doña Ana County.
The lead defendant, Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
Maestas entered a guilty plea to the indictment on June 16, 2014, and admitted conspiring with Belmonte-Gonzalez and two other codefendants to distribute heroin in Doña Ana County from Sept. 25, 2013 through Oct. 27, 2013. Maestas also admitted being a felon in possession of a firearm.
To date, 20 of the 21 defendants charged as a result of the investigation have entered guilty pleas. Defendant Patrick Gonzales has entered a not guilty plea. Indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
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.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Former Head of Albuquerque-Based Drug Trafficking Organization Pleads Guilty to Federal Cocaine Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Christopher Roybal, 35, the former leader of an Albuquerque-based drug trafficking organization, entered a guilty plea in federal court this morning. Roybal pled guilty to a cocaine trafficking conspiracy charge and four money laundering charges under a plea agreement that requires him to serve a 14-year prison sentence.
Roybal is one of the 19 defendants charged in Dec. 2012, with drug trafficking and money laundering charges in a 60-count indictment. The indictment was superseded twice; first in Feb. 2014, to add a 20th defendant and a witness tampering charge, and again in Sept. 2014, to add another witness tampering charge and a heroin trafficking charge. With today’s guilty plea, all but three of the defendants have entered guilty pleas in this case.
The charges filed in the case were the result of a 16-month multi-agency investigation into a drug trafficking organization headed by Roybal by which was led by the FBI, IRS and Albuquerque Police Department with assistance from the DEA, the HIDTA Region I Narcotic Task Force and the Bernalillo County Sheriff’s Office. The investigation, code-named “Operation Rain Check,” was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
According to the original indictment, Roybal and ten others conspired to distribute large quantities of cocaine in New Mexico between Aug. 2011 and Dec. 2012. It further alleged that Roybal and nine others conspired to distribute marijuana between Oct. 2011 and Dec. 2012. The indictment also included three separate money laundering conspiracies, 22 money laundering offenses, and 18 “telephone counts,” offenses alleging the use of a communications device to facilitate a drug trafficking offense. The indictment was superseded in May 2014, to add a new charge against defendant George Roybal, 53, of Albuquerque, alleging that he threatened an FBI informant to prevent the informant from testifying at the trial of this case which was then scheduled to begin on May 19, 2014. It was superseded again in Sept. 2014, to add two new charges against defendant Kenneth Ulibarri, 36, of Albuquerque. The new charges alleged that Ulibarri attempted to murder an FBI informant to prevent that informant from testifying at the trial of this case which was then scheduled to begin on Nov. 10, 2014, and also charged Ulibarri with distributing heroin in Bernalillo County, N.M., in May 2014.
During his change of plea hearing, Roybal pled guilty to Counts 1, 37, 38, 39 and 40 of the second superseding indictment, charging him with participating in a cocaine trafficking conspiracy, three money laundering conspiracies, and a substantive money laundering offense. In entering his guilty plea, Roybal admitted that between Aug. 2011 and Dec. 2012, he conspired with others to distribute kilogram quantities of cocaine in Albuquerque and Las Vegas, N.M. Roybal also admitted participating in three conspiracies that laundered the proceeds of his drug trafficking organization. One conspiracy involved the transportation of drug proceeds from Albuquerque to California to pay for marijuana that was distributed by Roybal’s organization. The second and third conspiracies involved the laundering of Roybal’s drug proceeds through accounts at a bank and a credit union. As part of his plea agreement, Roybal agreed to forfeit his Albuquerque residence and a 1967 Chevrolet Camaro.
Three of the defendants charged in this case have entered not guilty pleas and are pending trial. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the FBI, IRS Criminal Investigation and the Albuquerque Police Department, with assistance from the DEA, the HIDTA Region I Narcotics Task Force and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shana B. Long. Assistant U.S. Attorney Stephen R. Kotz is responsible for litigating the related civil asset forfeiture actions.
Former Comptroller of Albuquerque Construction Company Arraigned on Federal Fraud and Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Stephanie Pyle, 39, of Albuquerque, N.M., was arraigned this morning in federal court on a 12-count indictment charging her with six counts of access device fraud and six counts of aggravated identity theft. Pyle entered a not guilty plea to the indictment and was released pending trial on conditions of release and under pretrial supervision.
The indictment, which was filed on Feb. 10, 2015, alleges that between Jan. 2010 and May 2014, Pyle used credit cards and account numbers in the name of a company without authorization and with the intent to defraud the company. The indictment alleges that Pyle defrauded the company of approximately $1,531,124.00 during the five-year period. Counts 6 through 12 of the indictment allege that Pyle used the identity of another person to commit the fraudulent acts charged in Counts 1 through 6. At the time of the offenses charged in the indictment, Pyle was employed as the comptroller for the Albuquerque-based construction company that was the victim of Pyle’s alleged criminal conduct.
If convicted, Pyle faces a statutory maximum penalty of ten years in prison on each of the six access device fraud charges. She also faces a mandatory two years in prison on each of the six aggravated identity fraud charges which must be served consecutive to any sentence imposed on the fraud charges. Charges in indictments are only accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The case was investigated by the Albuquerque office of Homeland Security Investigations and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.
Blackrock, N.M., Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Vernon Niiha, 51, a member of Zuni Pueblo who resides in Blackrock, N.M., pleaded guilty this morning to an abusive sexual contact charge. Under the terms of his plea agreement, Niiha will be sentenced to prison term within the range of 36 to 48 months followed by a term of supervised release to be determined by the court. Niiha will be required to register as a sex offender.
Niiha was arrested in Aug. 2013, on an indictment alleging that he sexually abused a child under the age of 12 years from Mar. 2002 through Mar. 2003, in Indian country in McKinley County, N.M.
During today’s hearing, Niiha entered a guilty plea to a felony information charging him with abusive sexual contact, and admitted sexually abusing the victim by touching the victim’s genitalia. Niiha 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 Zuni Pueblo Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback 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 Man Sentenced to Five Years for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jose Israel Villaba, 30, of Albuquerque, N.M., was sentenced this morning in federal court to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Villaba was arrested on Feb. 21, 2013, at the Amtrak train station in Albuquerque after a search by DEA agents revealed that Villaba had concealed bundles containing methamphetamine inside a toy that was in his suitcase. Villaba subsequently was indicted on March 5, 2013, and charged with possession of methamphetamine with intent to distribute.
Villaba entered a guilty plea to the indictment on Oct. 3, 2013. According to court filings, the toy in Villaba’s possession contained more than 470 gross grams of methamphetamine.
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.
Roswell Man Pleads Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Simon Nicholas Sais, 44, of Roswell, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to methamphetamine and cocaine trafficking charges. The guilty plea was entered without the benefit of a plea agreement.
Sais was arrested on Oct. 22, 2014, on a criminal complaint charging him with distribution of methamphetamine and cocaine. According to the complaint, between June 2013 and Aug. 2013, Sais sold approximately 359.4 grams of pure methamphetamine and approximately 43.5 grams of cocaine to an undercover agent working with the Lea County Drug Task Force (LCDTF) in Roswell and Hobbs, N.M. Sais subsequently was charged on Jan. 14, 2015, in a six-count indictment charging him with distributing methamphetamine on five occasions between June 2013 and Aug. 213, and distributing cocaine in June 2013.
During today’s proceedings, Sais pled guilty to the indictment, admitting that between June 26 and Aug. 13, 2013, he distributed methamphetamine and cocaine throughout Lea County and Chaves County, N.M.
Sais has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Sais faces a mandatory minimum of ten years and a maximum of life in prison.
This case was investigated by the Roswell office of the FBI and the Lea County Drug Task Force, and is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Berland Thomas, 44, an enrolled member of the Navajo Nation who resides in Mexican Springs, N.M., pled guilty this morning to a felony information charging him with involuntary manslaughter.
Thomas was arrested on June 9, 2014, on a criminal complaint charging him with murder. According to the complaint, Thomas allegedly killed a Navajo man by beating him with his fists during an alcohol-fueled fight. The fight occurred on June 6, 2014, on the Navajo Indian Reservation in McKinley County, N.M. Thomas was subsequently indicted on June 24, 2014, and charged with second degree murder.
During today’s change of plea hearing, Thomas pled guilty to an involuntary manslaughter charge and admitted assaulting the victim by striking, beating and wounding him. Thomas acknowledged that the victim died as a result of injuries suffered during the assault.
Under the terms of his plea agreement, Thomas will be sentenced to a term of imprisonment in the range of 18 to 24 months followed by a period of supervised release to be determined by the court. Thomas remains in custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.
Colorado Man Pleads Guilty to Using a Firearm During Robbery of the Wells Fargo Bank in Farmington in September 2012Read the Press Release
ALBUQUERQUE – Robert O’Dell Neihart, 44, of Ignacio, Colo., pleaded guilty this morning in federal court in Las Cruces, N.M., to robbing a Wells Fargo Bank branch located on East Main Street in Farmington, N.M., while possessing a .45 caliber semi-automatic pistol. Under the terms of his plea agreement, Neihart will be sentenced to a term of incarceration within the range of 148 to 161 months followed by a term of supervised release to be determined by the court.
Neihart was arrested in Nov. 2012, on a two-count indictment charging him with the armed robbery of the bank on Sept. 21, 2012, and using a firearm during a crime of violence. Count 1 of the indictment also charged co-defendant Denise Myrick, 44, also of Ignacio, Colo., with aiding and abetting Neihart in robbing the bank. Prosecution of the case against Neihart was delayed by competency proceedings.
During today’s proceedings, Neihart pled guilty to both counts of the indictment, and admitted that on Sept. 21, 2012, he robbed the bank by approaching a teller and handing her a two-page letter demanding money. Neihart further admitted that he had a pistol in his possession at the time of the robbery. He admitted using the pistol to shoot at police vehicles that pursued him after the bank robbery. Neihart was arrested at his Colorado residence later that day by the officers who were in pursuit.
Neihart has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Myrick pled guilty on Dec. 4, 2013, to a misdemeanor information charging her with aiding and abetting a bank robbery. In entering her guilty plea, Myrick admitted driving Neihart to the bank and assisting him in his attempted escape. She was sentenced on Mar. 4, 2014, to three years of probation.
This case was investigated by the Albuquerque and Farmington offices of the FBI, the Farmington Police Department, San Juan County Sheriff’s Office and the La Plata County Sheriff’s Department in Durango, Colo. Assistant U.S. Attorney William J. Pflugrath is prosecuting the case.
Bloomfield Man Pleads Guilty to Federal Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Orlando Harvey, 24, an enrolled member of the Navajo Nation who resides in Bloomfield, N.M., pleaded guilty this morning to a sexual abuse of a minor charge under a plea agreement with the U.S. Attorney’s Office.
Harvey was arrested on Dec. 22, 2014, on an indictment charging him with four counts of sexual abuse of a minor. According to the indictment, Harvey engaged in a sexual act with the victim who was under 16 years of age on four occasions between Aug. 2014 and Oct. 2014. The indictment alleged that the crimes occurred on the Navajo Indian Reservation in San Juan County, N.M.
During today’s hearing, Harvey entered a guilty plea to Count 1 of the indictment, and admitted engaging in a sexual act with the 15-year-old victim in Aug. 2014. Harvey admitted knowing that the victim was only 15 years old when he picked her up at school and drove her to his residence where they engaged in a sexual act. Harvey then drove the victim back to school. He acknowledged that he manipulated the victim into engaging in a sexual act with him.
Harvey has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Harvey faces a statutory maximum penalty of 15 years in prison.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorneys Raquel Ruiz Velez and Elaine Ramirez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Albuquerque Man Arrested on Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Michael Stewart, 55, of Albuquerque, N.M., appeared in federal court this morning on a criminal complaint charging him with possession of methamphetamine with intent to distribute. During his hearing, Stewart entered a not guilty plea to the charge against him and was ordered detained pending trial.
Stewart was arrested on Feb. 19, 2015, after DEA Task Force officers allegedly seized approximately 611.9 gross grams of methamphetamine and approximately $24,000.00 in cash from him and his vehicle during a traffic stop in northwest Albuquerque.
If convicted of the charge in the criminal complaint, Stewart faces a sentence of a mandatory minimum ten years in prison and a maximum of life imprisonment. Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA, Homeland Security Investigations and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Shana B. Long.
Farmington Man Sentenced to Five Years in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Brandon Smith, 29, of Farmington, N.M., was sentenced this morning in federal court in Albuquerque, N.M., for his methamphetamine trafficking conviction. Smith was sentenced to five years in federal prison followed by three years of supervised release. He also was ordered to forfeit $3,520.00 in cash found in his possession when he was arrested in Feb. 2014.
Smith 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.
To date, seven of the 13 federal defendants, including Isaac Anaya, have entered guilty pleas and are pending sentencing. Five of the federal defendants have entered not guilty pleas to the indictment; they are presumed innocent unless found guilty beyond a reasonable doubt.
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorneys Reeve L. Swainston and Shana B. Long are prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Albuquerque Man Pleads Guilty to Federal Identity Theft ChargeRead the Press Release
ALBUQUERQUE – David William Welbig, 66, of Albuquerque, N.M., pleaded guilty this morning in Albuquerque federal court to an aggravated identity theft charge. The charge to which Welbig pleaded guilty today arose out of his efforts to evade arrest on interstate transportation of stolen securities charges filed April 1991 in the U.S. District Court for the District of Colorado.
Welbig was indicted on Nov. 4, 2014, and charged with using a passport obtained by a false statement, and aggravated identity theft. The indictment alleged that in July 2014, Welbig concealed his identity and sought to evade arrest by using a passport issued to a person who was deceased. It also alleged that Welbig committed aggravated identity theft by using the identification, namely, a passport, of another person. Welbig was charged with committing these offenses in Bernalillo County, N.M.
During this morning’s proceedings, Welbig pled guilty to Count 2 of the indictment, charging him with aggravated identity theft. Welbig admitted that in order to evade arrest by law enforcement officials on an outstanding indictment and arrest warrant issued in the District of Colorado in 1991, he used the identification information of a deceased person to obtain a U.S. passport. At sentencing, Welbig faces a statutory penalty of two years in federal prison and a year of supervised release following his term of imprisonment. His sentencing hearing has yet to be scheduled.
The indictment filed against Welbig in the District of Colorado was transferred to the District of New Mexico in Sept. 2014. In Oct. 2014, Welbig entered guilty pleas to all three counts of interstate transportation of stolen securities in the indictment. Welbig is scheduled to be sentenced on those charges on April 14, 2015, and faces a maximum statutory penalty of ten years in prison followed by three years of supervised release on each of the three counts.
This case was investigated U.S. Department of State’s Diplomatic Security Service and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Sheepsprings, N.M., Man Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Jeremiah Ray Johnson, 39, an enrolled member of the Navajo Nation who resides in Sheepsprings, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a misdemeanor assault charge.
Johnson was indicted on Aug. 12, 2014, and charged with assault resulting in serious bodily injury. The indictment alleged that Johnson assaulted the victim in San Juan County, N.M, on April 3, 2013.
During today’s proceedings, Johnson pled guilty to an information charging him with a misdemeanor assault charge. Johnson admitted that on April 3, 2013, while at a residence in Sheepsprings, N.M., he punched and stabbed a Navajo man with a knife during a fight. The victim required hospitalization as a result of his injuries.
At sentencing, Johnson faces a statutory maximum penalty of one year in federal prison and a maximum of five years of probation. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Jacob Wishard is prosecuting this case.
Newcomb, N.M., Man Pleads Guilty to Federal Aggravated Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Michael Randolph, 31, an enrolled member of the Navajo Nation who resides in Newcomb, N.M., pleaded guilty this morning to an aggravated sexual abuse charge. Under the terms of his plea agreement, Randolph will be sentenced to a term of incarceration within the range of 96 to 144 months followed by a term of supervised release to be determined by the court. Randolph also will be required to register as a sex offender.
Randolph was arrested on Dec. 30, 2013, on a criminal complaint alleging that he sexually abused a child under the age of 12 years on Dec. 19, 2013, within the Navajo Indian Reservation in San Juan County, N.M. Randolph subsequently was indicted on that same charge.
During today’s hearing, Randolph entered a guilty plea to a felony information charging him with aggravated sexual abuse. Randolph admitted to assaulting the victim by intentionally touching the victim’s genitalia with his hands and fingers.
Randolph remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Navajo, N.M., Man Sentenced to Federal Prison for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Harold Anthony Nez, 36, an enrolled member of the Navajo Nation who resides in Navajo, N.M., was sentenced today in federal court in Santa Fe, N.M., to 15 months in federal prison followed by three years of supervised release for his federal assault conviction.
Nez was arrested on Feb. 20, 2014, on a criminal complaint alleging that he assaulted his intimate partner, a Navajo woman, on Jan. 16, 2014, by driving into her with a vehicle and pinning her left leg against a fence. The assault occurred in Navajo in McKinley County, N.M. Nez subsequently was indicted and charged with assault with a dangerous vehicle and assault resulting in serious bodily injury.
On Nov. 10, 2014, Nez pled guilty to an assault resulting in serious bodily injury charge. In his plea agreement, Nez admitted assaulting his intimate partner by hitting her with a vehicle. Nez admitted that as a result of the assault, the victim suffered extreme physical pain and severe bruising to the leg that required medical attention.
This case was investigated by the Window Rock, Arizona office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Albuquerque Man Sentenced to Fifteen Years for Federal Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Charles Padilla, 46, of Albuquerque, N.M., was sentenced this morning to 15 years in federal prison followed by five years of supervised release for his conviction on methamphetamine trafficking and firearms charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division, and Albuquerque Police Chief Gorden Eden, Jr.
Padilla was arrested on Nov. 30, 2012, on a criminal complaint charging him with possession of methamphetamine with intent to distribute. Padilla subsequently was indicted in Dec. 2012, and charged with two counts of possession of methamphetamine with intent to distribute and two counts of using and carrying firearms in furtherance of drug trafficking crimes.
According to court filings, on Nov. 30, 2012, law enforcement officers seized approximately 21 pounds of methamphetamine that were concealed in an underground storage area when they searched a residence located in southwest Albuquerque. Thereafter, officers surreptitiously recorded a telephone conversation during which Padilla acknowledged ownership of the methamphetamine. Following Padilla’s arrest, officers searched his residence and seized 19 firearms.
On July 28, 2014, Padilla pled guilty to a methamphetamine trafficking charge and a firearms count. In his plea agreement, Padilla admitted that on Nov. 30, 2012, he unlawfully possessed methamphetamine with the intention of distributing it to others. He also admitted possessing a firearm in furtherance of a drug trafficking crime.
This case was investigated by the Albuquerque office of the DEA and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shana B. Long.
Albuquerque Man Sentenced to 72 Months for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Faviano Lopez, 28, of Albuquerque, N.M., was sentenced this morning in federal court to 72 months in federal prison followed by five years of supervised release for receipt of a visual depiction of a minor engaged in sexually explicit conduct. Lopez will also be required to register as a sex offender. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas; New Mexico State Police Chief Pete Kassetas, and Albuquerque Police Chief Gorden Eden, Jr.
Lopez was arrested on July 11, 2014, on a criminal complaint alleging federal child pornography charges. According to the criminal complaint, the investigation into Lopez was initiated by the Homeland Security Investigations and the New Mexico State Police in Nov. 2013, after the NMSP obtained information indicating that an IP address subscribed to the residence in which Lopez was residing was being used to share video and image files consistent with child pornography. In Feb. 2014, HSI and the Albuquerque Police Department executed a federal search warrant at Lopez’s residence and seized computer and computer-related media containing video and image files consistent with child pornography from Lopez’s bedroom. Lopez was arrested on state charges for violating his probation in Feb. 2014; those charges were later dismissed in favor of federal prosecution.
On Oct. 20, 2014, Lopez entered a guilty plea to a felony information charging him with receipt of child pornography. In his plea agreement, Lopez admitted receiving child pornography from May 2013 to Feb. 2014, by downloading images and videos of child pornography using a peer-to-peer file sharing system.
This case was investigated by the Albuquerque office of HSI, the New Mexico State Police and the Albuquerque Police Department, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. It was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Santa Fe Man Pleads Guilty to Federal Crack Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Matthew J. Holmes, 30, of Santa Fe, N.M., entered a guilty plea today in federal court in Albuquerque, N.M., to crack cocaine trafficking charges. Under the terms of his plea agreement, Holmes will be sentenced to a prison term within the range of nine to twelve years in federal prison followed by a term of supervised release to be determined by the court.
Holmes was arrested on Feb. 24, 2015, and charged in a criminal complaint with possession of crack cocaine with intent to distribute. According to the complaint, on Feb. 24, 2014, the Santa Fe Police Department (SFPD) received information that Holmes had an outstanding state arrest warrant. Based on that information, SFPD officers initiated a traffic stop on Holmes’ vehicle. After a brief foot pursuit, the officers were able to apprehend Holmes. At the time of his arrest, Holmes possessed a distribution quantity of crack cocaine and drug paraphernalia. Holmes subsequently was indicted and charged with possession of crack cocaine with intent to distribute.
During today’s proceedings Holmes pled guilty to the indictment and admitted that on Feb. 24, 2014, he possessed approximately 74.3 grams of crack cocaine in three plastic bags and $4,146.00 in cash. Holmes further admitted that he possessed the crack cocaine with the intent to distribute it to others.
Holmes 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 Santa Fe office of the FBI and the HIDTA Region III Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns.
The HIDTA Region III Narcotics Task Force is comprised of officers from the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Woman from Colorado Sentenced for Federal Child Abuse Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Lorrena Ann Yazzie, 27, an enrolled member of the Navajo Nation who resides in Durango, Colo., was sentenced this morning in federal court to three years of probation for her child abuse conviction.
Yazzie was arrested on April 7, 2014, on a criminal complaint alleging an assault charge. According to the criminal complaint, Yazzie injured an infant who was a passenger in a vehicle she was driving when Yazzie caused a single-car collision by falling asleep at the wheel. Yazzie allegedly was intoxicated at the time of the collision. The collision occurred on April 2, 2014, south of Shiprock, N.M., which is located within the Navajo Indian Reservation. Yazzie subsequently was indicted and charged with assault resulting in serious bodily injury and child abuse.
On Nov. 7, 2014, Yazzie entered a guilty plea to the child abuse charge and admitted placing a child in a situation that endangered the child’s life or health.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.
Rio Rancho Man Pleads Guilty to Federal Heroin Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Mark Herrera, 29, of Rio Rancho, N.M., pleaded guilty this morning in federal court to heroin trafficking and firearms charges under a plea agreement with the U.S. Attorney’s office.
Herrera was arrested in Aug. 2014, on a criminal complaint after law enforcement officers executed a federal search warrant on his vehicle and residence and found more than seven ounces of heroin, marijuana, approximately $5,000.00 in cash, firearms and ammunition, and drug paraphernalia. The officers also seized a semi-automatic pistol and ammunition during the search. During a post-arrest statement, Herrera allegedly told the officers that he sold six to eight ounces of heroin to others every two to three days, and that he possessed the firearm for protection.
During today’s proceedings, Herrera pled guilty to a two-count felony information charging him with being a felon in possession of a firearm and ammunition and possession of heroin with intent to distribute. In entering the guilty plea, Herrera admitted that on Aug. 1, 2014, law enforcement officers searched his vehicle and residence and seized seven ounces of heroin, drug paraphernalia, $5,000.00 in cash, and a loaded semi-automatic pistol. At the time of the arrest, Herrera was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery and escape in Colorado.
At sentencing, Herrera faces a statutory maximum penalty of ten years in prison for the firearms charge and a statutory maximum penalty of 20 years in prison on the heroin trafficking charge. Herrera remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque offices of the ATF and the DEA and the Rio Rancho Police Department. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a 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.
Prior Felon from Carlsbad Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Eduardo Lerma, Jr., 32, of Carlsbad, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to being a felon in possession of a firearm.
Lerma was arrested in Aug. 2014, by the Bureau of Alcohol, Tobacco, Firearms and Explosives on a criminal complaint alleging that he unlawfully possessed a firearm on Aug. 14, 2014, in Eddy County, N.M. Lerma subsequently was indicted on that same charge on Nov. 12, 2014. According to court filings, Lerma was prohibited from possessing firearms because he previously had been convicted of two drug trafficking crimes and receiving stolen property.
Today Lerma entered a plea of guilty to the indictment charging him with being a felon in possession of a firearm; he also admitted violating the conditions of his supervised release. In entering his guilty plea, Lerma admitted being in possession of two rifles on Aug. 14, 2014. Lerma also acknowledged that he was prohibited from possessing firearms because he was a convicted felon and by the conditions of his supervised release.
Lerma has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. Lerma faces a maximum penalty of ten years in federal prison for being a felon in possession of a firearm
At the time of his arrest, Lerma was under supervised release for a prior federal previous conviction. A petition against Lerma for violating the conditions of supervision release is pending.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the HITDA Region VI Pecos Valley Drug Task Force, the Carlsbad Police Department, and the Eddy County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HITDA Region VI Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department, Artesia Police Department, New Mexico Probation and Parole, and the 5th Judicial District Attorney’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Former Bank of the West Employee Pleads Guilty to Federal Embezzlement ChargesRead the Press Release
ALBUQUERQUE – Angela Giddings, 38, of Albuquerque, N.M., pled guilty today to one count of embezzlement by a bank employee and embezzlement from Indian tribal organizations. Under the terms of her plea agreement she will serve 24 months in federal prison as well as a term of supervised release to be determined by the court.
Giddings was indicted on Dec. 16, 2014, and charged with 12 counts of embezzlement by a bank employee; six counts of embezzlement from Indian tribal organizations; and four counts of aggravated identity theft. The indictment alleges that Giddings committed these crimes in Bernalillo County, N.M., between Feb. 2, 2013, and July 18, 2014. At the time, Giddings was employed as a customer service manager for Bank of the West.
According to the indictment, Giddings embezzled funds entrusted to the bank by withdrawing and transferring funds from the accounts of customers without authorization and for her own use. The indictment alleges that Giddings’ allegedly unlawful withdraws and transfers ranged from $15,000.00 to $60,000.00. It also alleges that the victims of Giddings’ criminal conduct included the To’hajilee Community School Board and the Cañoncito Band of Navajos. The aggravated identity theft charges allege that Giddings used the names, addresses, and personal identifiers of individuals to commit felony offenses.
During today’s proceedings, Giddings pled guilty to one count of embezzlement by a bank employee and one count of embezzlement from an Indian tribal organization. In entering the guilty plea, Giddings admitted that between Jan. 9, 2012 and July 18, 2014, she misapplied and embezzled money by making unauthorized withdrawals and transfers for her own benefit. She further admitted that on July 18, 2014, she transferred $55,000.00 from a private individual’s account and $60,000.00 from the To’hajilee Community School Board account without authorization and for her own purposes with the intent to defraud.
This case was investigated by the Albuquerque office of the FBI and the Office of Inspector General of the Federal Deposit Insurance Corporation, and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.
Navajo Man from Arizona Pleads Guilty to Federal Misdemeanor Assault Charge in New MexicoRead the Press Release
ALBUQUERQUE – Calvin Fuson, 44, an enrolled member of the Navajo Nation who resides in Winslow, Ariz., pleaded guilty this morning in federal court in Albuquerque, N.M., to a misdemeanor assault charge.
Fuson was arrested on April 17, 2014, on a criminal complaint alleging that on Dec. 25, 2013, Fuson assaulted a Navajo man by stabbing the victim 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 approximately five centimeters long. Fuson subsequently was indicted and charged with assault resulting in serious bodily injury and assault with a dangerous weapon.
During today’s proceedings, 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, N.M., he stabbed the victim, a 50-year-old Navajo man, with a knife during a fight. Fuson required medical treatment for injuries he sustained during the fight.
At sentencing Fuson faces a statutory maximum penalty of a year in federal prison and a maximum of 12 months of supervised release. Fuson 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 Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Paul H. Spiers is prosecuting this case.
Kewa Pueblo Man Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE –Ambrose Atencio, 51, a member and resident of Kewa Pueblo, N.M., pleaded guilty this morning to a misdemeanor information charging him with assaulting an Indian woman.
Atencio was arrested on Sept. 25, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation. According to the complaint, on Sept. 12, 2014, BIA officers responded to a report of assault on Kewa Pueblo in Sandoval County, N.M. The complaint alleged that Atencio assaulted the victim, a Kewa woman, by striking her in the face and strangling the victim. Atencio was indicted on Oct. 21, 2014, and charged with assaulting an intimate partner by strangulation.
During today’s proceedings, Atencio entered a guilty plea to a misdemeanor information and admitted assaulting the victim by striking her with his hands on her face. Atencio also admitted grabbing the victim’s throat. As a result of the assault, the victim sustained bruises and contusions on her body, neck and facial area.
At sentencing, Atencio faces a penalty of up to 12 months in federal prison and up to five years of supervised release. Atencio 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 Southern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Linda Mott 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.
Hobbs Man Sentenced to Ten Years in Federal Prison for Methamphetamine Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Clinton Leroy Skippings, 58, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction. The sentence was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Field Division and Commander Byron Wester of the Lea County Drug Task Force (LCDTF).
Skippings was arrested on Dec. 18, 2013, on a criminal complaint charging him with possession methamphetamine and cocaine with intent to distribute in Lea County, N.M. According to the complaint, on Oct. 10, 2013, LCDTF officers executed search warrants on Skippings, his residence and his vehicle, and seized quantities of methamphetamine, cocaine and marijuana, more than $6,800.00 in cash, and packaging materials and other drug paraphernalia.
On Mar. 17, 2014, Skippings pled guilty to a felony information charging him with possession with intent to distribute methamphetamine. Skippings admitted that when he was stopped by LCDTF officers on Oct. 10, 2013, he was in possession of methamphetamine and crack cocaine which he intended to sell to another person who unbeknownst to him was cooperating with law enforcement. Skippings also admitted that on that same day, officers executed a search warrant at his residence and seized methamphetamine, cocaine and crack cocaine which he intended to distribute to others.
This case was investigated by the Lea County Drug Task Force, the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
California Man Sentenced to Ten Years for Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Paul Anthony Diaz, 48, of Desert Hot Springs, Calif., was sentenced this morning in federal court in Albuquerque, N.M., to 120 months in prison followed by five years of supervised release for his heroin trafficking conviction.
Diaz was arrested on Feb. 11, 2014, at the Amtrak train station in Albuquerque after a consensual search of Diaz by DEA agents revealed that Diaz had concealed bundles containing more than one kilogram of heroin underneath his clothing. Diaz subsequently was indicted on Feb. 26, 2014, and charged with possession of heroin with intent to distribute.
Diaz entered a guilty plea to the indictment on Aug. 18, 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. Attorney Paul Mysliwiec prosecuted the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a 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.
Artesia Man Sentenced to Prison for Trafficking Methamphetamine in Lea and Eddy CountiesRead the Press Release
ALBUQUERQUE – Mario Flores, 28, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 63 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Flores was one of five defendants indicted in June 2014, as result of a multi-agency investigation primarily targeting drug traffickers in Lea and Eddy Counties, N.M. The seven-count indictment charged Flores, Leroy Castillo, 33, Joe Padilla, 33, and Rolando Cantu, 39, all residents of Hobbs, N.M., and Anthony Pisana, 29, of Roswell, N.M., with methamphetamine trafficking and conspiracy charges.
Count 1 of the indictment charged all five defendants with conspiracy to distribute methamphetamine from Feb. 2014 through May 2014. Counts 2 charged Castillo, Flores and Pisana with possession of methamphetamine and Count 3 charged Cantu with the same crime. Counts 4 through 7 charged the defendants with using communication devices, phones, to facilitate drug trafficking crimes.
Flores was arrested on Aug. 30, 2014, in Carlsbad, N.M. On Oct. 17, 2014, Flores pled guilty to Counts 1 and 2 of the indictment. In entering his guilty plea, Flores admitted that on Mar. 4, 2014, officers found 83 grams of pure methamphetamine hidden in his vehicle during a routine traffic stop in Eddy County. Flores admitted that he was delivering the methamphetamine to another individual when he was stopped.
Pisana was arrested on June 23, 2014, and pled guilty on Sept. 16, 2014, to Count 1 of the indictment. Pisana admitted facilitating a methamphetamine purchase on behalf of a codefendant in Feb. 2014. He further admitted that in June 2014, agents executing a federal search warrant found 967 grams of methamphetamine in his Roswell residence. At sentencing Pisana faces a statutory minimum of five years and a maximum of 40 years in federal prison and at least four years of supervised release. His sentencing hearing has not been scheduled.
Cantu, who was arrested on July 7, 2014, has entered a not guilty plea to the indictment. He remains in federal custody pending trial which [is currently scheduled for June 2015]. Castillo and Padilla have yet to be arrested and are considered fugitives. Individuals with information regarding the whereabouts of Castillo or Padilla are asked to call the FBI at 505-622-6001. The charges in the indictment against Cantu, Castillo and Padilla are merely accusations and these defendants are presumed innocent unless proven guilty. If convicted on the charges in the indictment, each defendant faces a mandatory minimum of five years to a maximum of 40 years in prison.
This case is being prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office. The investigation of this case was led by the Las Cruces and Roswell offices of the FBI and Lea County Drug Task Force with assistance from the Las Cruces office of the DEA and New Mexico State Police. 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.
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 Man Pleads Guilty to May 2014 Robbery of Bank of America BranchRead the Press Release
ALBUQUERQUE – Randy Lee Gallahan, 55, of Albuquerque, N.M., pleaded guilty this morning to robbing the Bank of America branch located on 4th Street NW in Los Ranchos de Albuquerque, N.M., in May 2014.
Gallahan was arrested on May 3, 2014, on a criminal complaint alleging that he robbed the Bank of America branch that day. On May 21, 2014, Gallahan was indicted and charged with armed bank robbery.
During today’s change of plea hearing, Gallahan pled guilty to an information, and admitted robbing the bank by approaching a bank teller and suggesting to the teller that he had a gun or weapon. Gallahan further admitted confessing to the robbery several hours later when police tracked him down at an apartment complex. At the time, Gallahan was wearing the same clothes he wore when he committed the bank robbery, had proceeds from the robbery in pants pocket, and a replica handgun in his jacket.
Gallahan has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled. At sentencing, Gallahan faces a statutory maximum penalty of 20 years in prison.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.