District of New Mexico

ALBUQUERQUE – Ryan Lowe, 20, of Shiprock, N.M., was sentenced today to 30 months in federal prison for his bank robbery conviction.  Lowe will be on supervised release for three years after completing his prison sentence.  Lowe also was ordered to pay restitution to the victim of his crime.

Lowe was arrested on June 4, 2014, on a criminal complaint alleging that he robbed the Citizens Bank branch located at 500 West Broadway in Farmington, N.M., on Feb. 13. 2014.  Lowe subsequently was charged with bank robbery in an indictment filed on June 11, 2014. 

According to court filings, Lowe robbed the bank on Feb. 13, 2014, by presenting a demand note to a bank teller and taking cash from the teller.   Between Feb. 14, 2014 and April 16, 2014, the FBI interviewed a series of witnesses who provided evidence establishing that Lowe was the person who robbed the bank.

Lowe entered a guilty plea to the indictment on Sept. 12, 2014.  The guilty plea was entered without the benefit of a plea agreement.

This case was investigated by the Farmington office of the FBI and was prosecuted by Assistant U.S. Attorney Norman Cairns. 

ALBUQUERQUE – This week two Albuquerque Police Department officers were shot and seriously injured in the line of duty.  These tragic events underscore the very real dangers that our brave law enforcement officers face every day they are on the job.  It is our great hope that both of these officers will recover fully and that the community will support them and their families during this difficult time.  We owe our courageous law enforcement officers a tremendous debt of gratitude for their service and sacrifices.

Remarks as Prepared for Delivery

            Thank you, Dr. Bill Wiese, for your kind introduction.  I want to start by thanking Commissioner Maggie Hart Stebbins and her team for their leadership in confronting the crisis posed by opioid abuse not only in Bernalillo County but throughout New Mexico.  I also want to thank the Coordinating Committee for the Bernalillo County Opioid Accountability Initiative, including Dr. Wiese, Dr. Harris Silver and Marsha McMurray-Avila, for all that they have been doing every day for the past two years to forge safer and healthier communities in New Mexico. 

Thank you also for including the U.S. Attorney’s Office and the UNM Health Sciences Center in the Bernalillo County Opioid Accountability Initiative, and for giving Chancellor Paul Roth and me the opportunity to participate in today’s Summit for the purpose of discussing how our organizations can contribute to and build on the good work that is already being done here in Bernalillo County.

Let me start by telling you that Chancellor Roth and I recently agreed to have our organizations collaborate on the New Mexico Heroin and Opioid Prevention and Education Initiative, which we call the HOPE Initiative.  Although the HOPE Initiative will gradually be implemented state-wide, we decided to begin implementation here in Bernalillo County because we knew we would be able to capitalize on the infrastructure provided by the County’s Initiative.  

The County’s Opioid Abuse Accountability Initiative already has brought together many experts, advocates, leaders and other critical stakeholders from our public health, research and education, law enforcement, and substance use disorder prevention and treatment communities who are dedicated to confronting heroin and prescription drug abuse.  Your commitment to improving and saving lives is inspiring, and the guidance and expertise you bring comes at a time when much is at stake.  You know the challenges we face are daunting.  You also know that it makes sense to focus on the most dangerous types of drugs.  And right now, few substances are more lethal than prescription opioids and heroin.

Between 2006 and 2010, across America, heroin-related deaths increased by 45 percent.  During that same period, here in New Mexico, the increase in heroin-related deaths paralleled the national increase but at a rate that was two times greater.  These shocking statistics – which do not include death resulting from prescription opioid abuse – are clear indications that we are up against an urgent public safety and public health crisis.  This is a crisis that affects Americans in every state, in every region, and from every background and walk of life.  Accordingly, the overriding goal of the HOPE Initiative is to reduce the number of opioid-related deaths in New Mexico.

The HOPE Initiative is an integral part of my office’s implementation of the federal Smart on Crime Initiative announced by the U.S. Attorney General in August 2013.  This nationwide initiative seeks to achieve better outcomes throughout the federal criminal justice system, especially with regard to nonviolent, drug-related crimes.  It recognizes that we cannot simply arrest our way out of the drug problem.  While effective law enforcement will always play a critical role in protecting our cities and neighborhoods from drug-related crime, reducing crime requires a broader, multi-dimensional approach.  Science clearly demonstrates that addiction is a progressive disease of the brain that can be prevented and treated and from which people can recover.  With this in mind, we must treat substance abuse and the disease of addiction as a public health issue, not just a criminal justice issue.

Accordingly, under the Smart on Crime Initiative, the Justice Department is focusing federal resources on investigations and prosecutions that serve a significant federal interest while strengthening diversion programs and community service initiatives that provide alternatives to incarceration for some individuals and offer treatment and rehabilitation to those who need it.  It strives to improve and reinforce reentry programs and initiatives so that formerly incarcerated individuals can return to their communities better prepared to become full and productive members of society.  It recognizes that education, prevention, and treatment, along with vigorous law enforcement, must all be significant components of any comprehensive solution.  It also calls on U.S. Attorneys to modify their charging policies to ensure that stringent mandatory minimum sentences are reserved for the most serious criminals and that those who commit low-level, non-violent crimes will face sentences appropriate to their individual conduct.

When I was confirmed as U.S. Attorney in May of last year, I made implementation of the Attorney General’s Smart on Crime Initiative one of my top priorities.  The HOPE Initiative is a key part of the implementation of the Smart on Crime Initiative here in New Mexico.  The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The U.S. Attorney’s Office has long participated in prevention and education programs, and it will expand on those efforts as part of this Initiative.  It also fully supports efforts to expand on available treatment options.  Today I will touch on what the U.S. Attorney’s Office is doing with regard to the HOPE Initiative’s reentry and law enforcement components, and Chancellor Roth will discuss the prevention, education and treatment components of the Initiative.

Under our Project Safe Neighborhood program that focuses on the Urban Indian community in Bernalillo County, we are working with the Pueblo of Isleta to establish one of the country’s first reentry programs in Indian Country.  This program is a pilot project for Pueblo members who are returning to Isleta Pueblo after being incarcerated in federal, state and juvenile facilities.  The program seeks to ensure that reentering Pueblo members have access to education, housing and employment in addition to the substance abuse treatment and counseling they will need so they can successfully return to their community.  These components are also critical to avoid relapse to addictive behaviors, and to reduce the likelihood of recidivism to the criminal justice system.  

The Isleta Pueblo reentry program is our first step into the reentry arena.  We intend to expand our reentry efforts to other Pueblos and Tribes as well as support the State’s reentry programs.  To facilitate this expansion, in April of this year, we will partner with DOJ’s Bureau of Justice Assistance to host one of three Indian Country reentry training programs that will be offered to tribal communities throughout the country.  We will encourage New Mexico’s tribal leaders to participate in the training as preparation for establishing reentry programs in their communities. 

The law enforcement component of the HOPE Initiative makes clear that the U.S. Attorney’s Office will never waver in its commitment to act aggressively to keep our streets safe and our children free from drug addiction and abuse.  It makes clear that we will never stop being tough on crime and the choices that breed it.  But it also recognizes that we must be smart, efficient, and effective as we strive to disrupt and diminish the scourge of addiction – along with the underlying conditions that trap too many individuals in a vicious cycle of drugs, criminality, and incarceration.

We will focus our law enforcement efforts to combat the opioid abuse problem in New Mexico against the backdrop of the broader goals of our Organized Crime Drug Enforcement Task Force program, known as the OCDETF program.  Those goals include identifying, disrupting and dismantling the most significant criminal organizations responsible for the manufacture and distribution of heroin and illegally trafficked opioids.  They also include facilitating the coordination of law enforcement efforts against heroin and opioid traffickers, and dismantling the financial infrastructure of these criminal organizations.  To achieve those goals, we will continue to target cartels and other drug trafficking organizations that have significantly expanded their production of heroin and its distribution in the United States as well as the heroin traffickers who have expanded into areas with existing prescription drug abuse problems.  Focus on the cartels and drug trafficking organizations is imperative because the amount of heroin seized along the southwest border increased by more than 320% between 2008 and 2013. 

Our situation, however, is not simply a problem of drugs crossing our borders or another country’s bad actors harming us.  It is OUR problem.  Practitioners who illegally dispense prescriptions painkillers, those who operate pill mills for prescription painkillers, and pharmacists who fill fraudulent prescriptions while knowing their true purpose, are drug dealers no different from street-level heroin dealers.  And so we will also investigate and prosecute prescription drug diversion schemes, pill mills, rogue clinics and pharmacies, and prescription drug rings.

In conjunction with our “worst of the worst” initiative, we will continue to work with our local District Attorneys to target heroin and opioid traffickers with prior convictions for federal prosecution with the goal of removing them from our communities for as long as possible.  This year, Albuquerque has experienced a sharp increase in the number of pharmacies robbed at gunpoint for opioid painkillers.  These offenders will also be targeted under the HOPE Initiative.  We will continue to work with corrections officials to investigate and prosecute those who interfere with and obstruct rehabilitation and treatment efforts within custodial settings by introducing drugs into our prisons and jails.

The law enforcement community’s commitment to the HOPE Initiative and the County’s Opioid Abuse Accountability Initiative is apparent by their participation in this Summit.  Will members of the law enforcement community please stand up?  Please join me in a round of applause to thank these officers for putting themselves on the front lines for us and our families.  The agencies represented by these fine men and women are committed to thoroughly investigating drug-fueled crime and violence, and the U.S. Attorney’s Office will vigorously prosecute those cases. 

As I mentioned earlier, the crisis we face is not just a crime problem.  It is a community public health problem.  Whenever people look at this problem, they come to the same conclusions:  (1) there is no simple answer; (2) we cannot stand by and do nothing; (3) we cannot arrest and prosecute our way out of it; and (4) the stigma associated with the disease of addiction helps perpetuate the problem.  This crisis demands that we join together to employ a comprehensive strategy that addresses every aspect, every phase, and every cause of this crisis. 

As elected and appointed officials, law enforcement officers, medical providers, and prevention and treatment experts, each of us stands on the front lines of the effort to protect our communities from the devastating impact of illegal drug use.  Together, through collaboration and cooperation among stakeholders at every level, we can make significant strides to build a better, brighter, and more secure future for ourselves and our children. 

Before turning the podium over to Chancellor Roth, I want to mention a couple of related matters that will be of interest to you.  First, last year the U.S. Attorney General announced that federal law enforcement agencies, including the DEA, FBI, ATF and U.S. Marshals Service, are to review their policies and procedures to determine whether their agents should be equipped and trained to recognize and respond to opioid overdose, including the use of Narcan.  This announcement paves the way for federal officers to begin carrying and dispensing this lifesaving drug.  We cannot overstate the importance of Narcan to our core mission of saving lives:  from 2008 to 2014, the number of documented overdose reversals with Narcan tripled from 250 to 800.  A Narcan program established by the New Mexico Department of Health can be fairly credited for saving those lives.  Soon federal officers will join that lifesaving effort. 

Second, last month, the Justice Department announced a new National Heroin Initiative under its OCDETF program.  The primary purpose of the National Heroin Initiative is to provide funding to support local and regional initiatives like the HOPE Initiative in developing coordinated law enforcement plans to disrupt the flow of heroin into communities that have been profoundly impacted by heroin trafficking and overdoses.  We will move expeditiously to secure some of these resources and put them to good use in New Mexico.

Finally, the Department of Justice and other federal agencies periodically offer grants that fund community-based coalitions that organize to prevent and treat substance abuse.  My office will let the Coordinating Committee of the County’s Initiative know about available grant opportunities and will be available to provide technical assistance with grant applications.

In closing, I remind you of the obvious – progress will not come easily, and positive change will not occur as quickly as we might like.  But as long as we keep our commitments to one another; as long as we keep seeking new ways to work together; as long as we keep striving to build on the promising work that so many of you are leading, there is good reason for confidence in where these efforts will take us from here.  I am proud to count you as partners in the considerable work that lies ahead and I thank you for all that you’re doing – today and every day – to combat drug abuse and to protect our young people.  I look forward to next year’s Summit when we will discuss what we have accomplished together in 2015 through the County’s Initiative and the HOPE Initiative, and continue to develop proactive strategies for the work that must be done.

ALBUQUERQUE – Isaiah Dean Trujillo, 24, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced this morning to eight years in federal prison followed by three years of supervised release for his conviction on two counts of involuntary manslaughter.  The sentence was announced by U.S. Attorney Damon P. Martinez and Chief Kendell Vicenti of the Jicarilla Apache Tribal Police Department.

Trujillo was arrested on May 6, 2013, on a criminal complaint alleging involuntary manslaughter charges arising out of a single motor vehicle collision occurring on April 24, 2013, in Dulce, N.M., within the Jicarilla Apache Nation.  Two women, both members of the Jicarilla Apache Nation, died as a result of injuries sustained during the collision.  Trujillo, the driver of the vehicle, was intoxicated at the time of the collision.

Trujillo entered a guilty plea to two involuntary manslaughter charges on March 12, 2014.  In his plea agreement, Trujillo admitted that on April 24, 2013, he drove a vehicle in excess of 70 miles per hour on a road with a 35 mile per hour speed limit after consuming a large amount of alcohol.  Trujillo further admitted that he lost control of the vehicle and the vehicle flipped over.  Two of the four passengers in the vehicle were killed and the other two suffered serious bodily injuries.  Trujillo further admitted that his blood alcohol concentration was .29 following the collision.

This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.

ALBUQUERQUE –Eddie Gallardo, 31, of Las Cruces, N.M., entered a guilty plea yesterday afternoon in Las Cruces federal court to cocaine and methamphetamine trafficking charges.  The guilty plea was entered pursuant to a plea agreement with the U.S. Attorney’s Office.

Gallardo was arrested on May 22, 2014, on a criminal complaint charging him with a methamphetamine trafficking charge and being a felon in possession of a firearm.   The complaint alleged that on May 13, 2014, Gallardo sold a handgun and methamphetamine to an undercover FBI agent.   At the time, Gallardo was prohibited from possessing firearms or ammunition because he previously had been convicted of a drug trafficking offense.

Gallardo subsequently was charged in a seven-count indictment filed in Aug. 2014.  Counts 1, 2 and 3 of the indictment charged Gallardo with distributing cocaine in Doña Ana County, N.M., on three separate occasions between Aug. 7, 2013 and Oct. 30, 2013.  Counts 3, 5 and 6 charged Gallardo with distributing methamphetamine on three separate occasions between Aug. 2013 and May 2014.  Count 7 charged Gallardo with using and carrying a firearm during and in relation to a drug trafficking crime.

During yesterday’s change of plea hearing, Gallardo pled guilty to Counts 1 through 6 of the indictment.  In entering his guilty plea, Gallardo admitted selling cocaine and methamphetamine to a law enforcement officer who was acting in an undercover capacity between Aug. 7, 2013 and May 13, 2014.

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

Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.  This is one of many cases generated by a 15-month investigation by the FBI’s Las Cruces Southwest Border/Safe Streets Task Force and the New Mexico HIDTA Regional Interagency Drug Task Force (Metro Narcotics Task Force).  The investigation, which concluded in Aug. 2014, initially targeted methamphetamine manufacturers and traffickers operating out of Doña Ana County, but expanded to include individuals trafficking in other drugs and using firearms to facilitate their drug trafficking crimes.  The investigation identified sources of drug supply in Los Angeles, Calif., Tucson, Ariz., and El Paso, Texas, who were supplying drug traffickers in southern New Mexico with high-grade methamphetamine, and led to the filing of criminal charges against 75 individuals, including 42 federal defendants and 33 state defendants.  Law enforcement officers seized more than 29 pounds of methamphetamine, 37 pounds of cocaine, 4.5 ounces of heroin, 30 pounds of marijuana, 74 firearms and 17 vehicles during the course of the investigation.

ALBUQUERQUE – Earlier this afternoon a federal jury sitting in Albuquerque, N.M., found Shelia Villegas, 47, of Manila, Ark., guilty on methamphetamine and cocaine trafficking charges after a two-day trial.  The guilty verdict was announced by U.S. Attorney Damon P. Martinez, Acting Special Agent in Charge Tom Hernandez of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Gorden Eden of the Albuquerque Police Department (APD).

Villegas was arrested on April 29, 2014, on a criminal complaint alleging methamphetamine and cocaine trafficking charges.  She subsequently was indicted in a two-count indictment charging her with possession of methamphetamine with intent to distribute and possession of cocaine with intent to distribute.  The indictment alleged that Villegas committed the two offenses on April 29, 2014, in Bernalillo County, N.M. 

Trial of this case began on Jan. 6, 2015 and concluded this afternoon when the jury returned a guilty verdict on both counts of the indictment.  The evidence at trial established that on April 29, 2014, an APD officer conducted a routine traffic stop of Villegas for failure to maintain a single lane. After issuing a citation to Villegas, the officer asked and received Villegas’ consent to a search of her vehicle.  The officer then deployed a narcotics canine on the vehicle.  After the canine alerted and thus indicated the presence of drugs, the officer and HSI agents searched Villegas’ vehicle and found 19 bundles, 18 of which contained an aggregate of 20 pounds of methamphetamine and one which contained more than 700 grams of cocaine.

The evidence at trial included the APD officer’s recording of his encounter with Villegas.  In addition, an HSI agent testified that Villegas made a post-arrest statement in which she acknowledge that she was transporting drugs from Calif. to Ark. in exchange for $10,000.00 plus $500 in travel expenses.

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

Villegas was remanded into federal custody after the jury returned its guilty verdict.  She will remain in custody pending her sentencing hearing, which has yet to be scheduled.  At sentencing, Villegas faces a maximum statutory penalty of life imprisonment. 

This case was investigated by the Albuquerque office of HSI and APD and is being prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Nicholas Jon Ganjei.

ALBUQUERQUE – Derek Cruz Rubalcava, 24, of Anthony, N.M., and Mark Jessie Rodriguez, 24, of Las Cruces, N.M., entered a guilty plea yesterday afternoon in Las Cruces federal court to methamphetamine trafficking charges.  The guilty pleas were entered into pursuant to plea agreements with the U.S. Attorney’s Office. 

Rubalcava and Rodriguez were arrested on a criminal complaint on July 25, 2014, in Doña Ana County, N.M.  The two men subsequently were indicted on methamphetamine trafficking charges in a four-count indictment filed in Nov. 2014.
           
Count 1 of the indictment charged Rubalcava and Rodriguez with conspiracy to distribute methamphetamine in July 2014.  Count 2 charged Rubalcava with distributing methamphetamine on July 24, 2014.  Counts 3 and 4 each charged Rubalcava with possessing methamphetamine with intent to distribute on July 25, 2014.  According to the indictment, the two men committed these crimes in Doña Ana County, N.M.

During yesterday’s proceedings, Rubalcava pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering his guilty plea, Rubalcava admitted selling approximately six ounces of methamphetamine to an undercover FBI agent for $4,600.00 on July 24, 2014.  Rubalcava also admitted negotiating the sale of approximately eight ounces of methamphetamine to the same FBI agent for $6,400.00.  He was arrested before the transaction was completed.  At the time of his arrest, Rubalcava was in possession of a portion of the methamphetamine that he intended to sell to the FBI agent and the rest of the methamphetamine was seized from his residence pursuant to a search warrant.  

Rodriguez also entered a guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute.  In his plea agreement, Rodriguez admitted supplying the methamphetamine that Rubalcava sold to the undercover agent on July 24, 2014.  He also admitted supplying the methamphetamine seized from Rubalcava and from Rubalcava’s residence on July 25, 2014.

At sentencing, Rubalcava and Rodriguez each face a mandatory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release.  The two men are in federal custody pending sentencing hearings which have yet to be scheduled.

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

ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Chancellor Paul B. Roth, M.D., M.S., of the UNM Health Sciences Center will join Bernalillo County Commissioner Maggie Hart Stebbins to announce a new collaborative effort, the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative, that will partner with the Bernalillo County’s Opioid Abuse Accountability Initiative to address New Mexico’s opioid crisis.  The announcement will be made during Bernalillo County’s Second Opioid Abuse Accountability Summit on Thursday, Jan. 8, 2015.

WHO:             U.S. Attorney Damon P. Martinez for the District of New Mexico Chancellor Paul B. Roth, M.D., M.S., UNM Health Sciences Center Bernalillo County Commissioner Maggie Hart Stebbins

WHAT:          Announcement of partnership between HOPE Initiative and Bernalillo County Opioid Abuse Accountability Initiative

WHEN:          Thursday, Jan. 8, 2015 from 8:00 a.m. to 5:00 p.m.
Commissioner Hart Stebbins to speak at 8:00 a.m.
U.S. Attorney Martinez and Chancellor Roth to speak at 9:15 a.m.

WHERE:       Bernalillo County’s Second Opioid Abuse Accountability Summit
CNM Workforce Training Center
5600 Eagle Rock Ave. NE
Albuquerque, NM
OPEN PRESS

NOTE:  U.S. Attorney Martinez and Chancellor Roth will be available for interviews after the announcement.  Reporters interested in interviewing the U.S. Attorney should contact Alyssa Ferda at (505) 224-1480 or (505) 366-1463.  Reporters interested in interviewing Chancellor Roth should contact John Arnold at (505) 690-1680.  Press inquiries regarding logistics also should be directed to Ms. Ferda.

ALBUQUERQUE – Thomas Murray, 61, a non-Indian who resides in Acoma Pueblo, N.M., was arrested yesterday by the FBI on federal child pornography charges.  Murray made his initial appearance in federal court earlier today.  He remains in custody pending a preliminary hearing and detention hearing, both of which currently are scheduled for tomorrow morning.
                            
Murray is a physician who relocated to New Mexico in Oct. 2014, from Ohio to take a position as a general practitioner with Indian Health Services at the Acoma-Canoncito-Laguna Service Unit located in Acoma Pueblo.  Murray is charged in a criminal complaint with transporting, distributing and possessing visual depictions of minors engaged in sexually explicit conduct. 

According to the criminal complaint, the FBI initiated the federal investigation leading to Murray’s arrest on Dec. 19, 2014, after receiving a report from the New Mexico Attorney General’s Office.  The report alleged that investigation by an investigation by the New Mexico Internet Crimes Against Children (ICAC) Task Force revealed that an IP Address subscribed to Murray’s residential address in Acoma was being used to download and distributing images consistent with child pornography.  According to the criminal complaint, the FBI arrested Murray and executed a federal search warrant at his residence on Jan. 5, 2015.

If convicted of the three charges in the criminal complaint, Murray faces a federal prison term of not less than five years and not more than 20 years.  Murray also would be required to register as a sex offender.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the FBI, the New Mexico Attorney General’s Office, the New Mexico ICAC Task Force and the New Mexico Regional Computer Forensic Laboratory.  The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard 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.

ALBUQUERQUE – Elban Al Johnson, 34, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced this morning to ten years in federal prison followed by five years of supervised release for his child sexual abuse conviction.   Johnson will be required to register as a sex offender when he completes his prison sentence.
                            
Johnson was arrested in March 2013, on a criminal complaint charging him with sexually assaulting an 11-year-old Indian child in Crownpoint, N.M., which is located within the Navajo Indian Reservation, in Nov. 2012.  According to court filings, the child victim was in Johnson’s care when Johnson committed the crime. 

On Aug. 27, Johnson pleaded guilty to a felony information charging him with abusive sexual contact.  At his plea hearing, Johnson admitted sexually assaulting the child victim on Nov. 5, 2012.

This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Christopher Cook, 36, of Albuquerque, N.M., has been charged with violating the federal firearms laws in a criminal complaint filed by the Bureau of Alcohol, Tobacco, Firearms and Explosives earlier today.

The criminal complaint charges Cook with being a felon in possession of a firearm.  It alleges that Cook unlawfully possessed a firearm and ammunition on Jan. 3, 2015.  According to the criminal complaint, Cook was prohibited from possessing either firearms or ammunition because he previously has been convicted of multiple felony offenses.

Cook was arrested earlier today on related state charges and currently is in state custody.  He will be transferred to federal custody to answer to the federal charge in the criminal complaint.

If convicted of the charge in the criminal complaint, Cook faces up to ten years in federal prison.  If the court determines that Cook is an armed career criminal, Cook faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment.

Charges in criminal complaints are mere accusations.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department, the U.S. Marshals Service, the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico State Police.  Assistant U.S. Attorney David M. Walsh is prosecuting the case.

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

Christopher Cook Federal Criminal Complaint

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

ALBUQUERQUE – Jasper Fernandez, 40, an enrolled member of the Navajo Nation who resides in Bloomfield, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 46 months in federal prison for his involuntary manslaughter conviction.  Fernandez will be on supervised release for three years after completing his prison sentence.  Fernandez also was ordered to pay $1,324.16 in restitution to cover funeral expenses for the victim.

Fernandez was arrested on Feb. 22, 2012, on a criminal complaint charging him with the Nov. 4, 2011, murder of a 36-year-old Navajo woman on the Navajo Indian Reservation.  Fernandez entered a guilty plea on Dec. 22, 2014 to a felony information charging him with involuntary manslaughter.  During the plea hearing, Fernandez admitted that he killed the victim while defending himself from a physical assault by the victim. 

According to court filings, Fernandez and the victim were both intoxicated when the victim began kicking and punching Fernandez because he criticized her.  Fernandez, who lost a tooth as a result of the assault, pushed the victim away too hard and caused her to hit her head against the door pillar of a vehicle and die.  In his plea agreement, Fernandez acknowledged that instead of seeking medical attention for the victim or contacting the police, he attempted to conceal his crime by burying the victim’s remains.

The case was investigated by the Albuquerque and Farmington offices of the FBI, the Navajo Nation Department of Public Safety and San Juan County Sheriff’s Office.  Assistant U.S. Attorney Paul H. Spiers prosecuted the case.

This 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 – Kameron Lee Frank, 21, an enrolled member of the Navajo Nation who resides in Iyanbito, N.M., pled guilty this morning to an indictment charging him with involuntary manslaughter.

Frank was arrested on July 21, 2014, based on a criminal complaint charging him with involuntary manslaughter.  According to the complaint, Frank killed a Navajo man who was a passenger in his vehicle when he crashed and rolled his pickup truck while driving under the influence of alcohol.  The crash occurred on May 23, 2014, in a location within the Navajo Indian Reservation in McKinley County, N.M.

During today’s plea hearing, Frank admitted killing the victim by driving recklessly while under the influence of alcohol which rendered him incapable of exercising clear judgment and a steady hand in operating a vehicle.  Frank acknowledged that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.

Frank faces a statutory maximum penalty of eight years in federal prison. Maximum potential sentences are prescribed by Congress and are provided for informational purposes only.  The sentence imposed on Frank will be determined by the court.  Frank’s sentencing hearing has yet to be scheduled.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Kyle T. Nayback is prosecuting this case.

ALBUQUERQUE – Bradford Day, 40, an enrolled member of the Laguna Pueblo who resides in Laguna, N.M., pleaded guilty this morning to an assault resulting in serious bodily injury charge.

Day was arrested on May 6, 2014, on a criminal complaint charging him assault with a deadly weapon and assault resulting in serious bodily injury.  According to the complaint, Day assaulted a member of the Acoma Pueblo on April 26, 2014, in a location within Acoma Pueblo in Cibola County, N.M.  The complaint alleges that in the early morning hours of April 26, 2014, Day assaulted the victim by throwing a full pint of beer at the victim’s face, causing the victim to suffer bruises, cuts and the loss of three teeth. 

During today’s proceedings, Day entered a guilty to a felony information charging him with assault resulting in serious bodily injury.  Day admitted assaulting the victim on April 26, 2014, by throwing an unopened bottle of beer at the victim and knocking out three of the victim’s teeth.

At sentencing Day faces a statutory maximum penalty of ten years in federal prison.  His sentencing hearing has yet to be scheduled.  The maximum potential sentence is prescribed by Congress and is provided for informational purposes only.  The sentence imposed will be determined by the court.

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

ALBUQUERQUE – Nathan Mondragon, 28, a member and resident of Taos Pueblo, N.M., pleaded guilty this morning to an indictment charging him with an assault resulting in serious bodily injury.   The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.

Mondragon was arrested on Sept. 23, 2014, on a criminal complaint charging him with assault with a deadly weapon and assault resulting in serious bodily injury.  According to the complaint, Mondragon assaulted another Taos Pueblo member on Sept. 14, 2014, in Taos County, N.M., on land owned by the Taos Pueblo Indian Tribe.  The complaint alleges that Mondragon stabbed the victim multiple times before fleeing the crime scene.  Mondragon was apprehended on Sept. 14, 2014, by New Mexico State Police and held in tribal custody until his arrest on federal charges. 

On Oct. 21, 2014, Mondragon was indicted and charged with assault with a dangerous weapon and assault resulting in serious bodily injury.

During today’s proceedings, Mondragon entered a guilty plea to Count 2 of the indictment charging him with assault resulting in serious bodily injury.  Mondragon admitted that on Sept. 14, 2014, he assaulted the victim by stabbing him with a knife at a location within Taos Pueblo.

At sentencing Mondragon faces a statutory maximum penalty of ten years in federal prison. He remains in federal custody pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Pueblo Tribal Police Department.  Assistant U.S. Attorney David Adams is prosecuting this case.

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

ALBUQUERQUE – Jasper Fernandez, 40, an enrolled member of the Navajo Nation who resides in Bloomfield, N.M., entered a guilty plea this morning to a felony information charging him with involuntary manslaughter.  Under the terms of his plea agreement, Fernandez will be sentenced to a prison term within the range of 37 and 46 months followed by a term of supervised release to be determined by the court.

Fernandez was arrested on Feb. 22, 2012, on a criminal complaint charging him with the Nov. 4, 2011, murder of a 36-year-old Navajo woman on the Navajo Indian Reservation. 

During today’s plea hearing, Fernandez admitted that he killed the victim while defending himself from a physical assault by the victim.  According to the plea agreement, Fernandez and the victim were both intoxicated when the victim began kicking and punching Fernandez because he criticized her.  Fernandez, who lost a tooth as a result of the assault, pushed the victim away too hard and caused her to hit her head against the door pillar of a vehicle and die.  Fernandez acknowledged that instead of seeking medical attention for the victim or contacting the police, he attempted to conceal his crime by burying the victim’s remains.

Fernandez remains in custody pending his sentencing hearing, which has yet to be scheduled.

The case was investigated by the Albuquerque and Farmington offices of the FBI, the Navajo Nation Department of Public Safety and San Juan County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

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 – Andre Lewis, 33, of Santa Fe, N.M., pleaded guilty this morning to federal tax offenses, announced Acting U.S. Attorney Damon P. Martinez and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation. 

Lewis was arrested in May 2014, on an eleven-count indictment.  Count 1 of the indictment charged Lewis with conspiracy to defraud the IRS, and Count 2 charged him with making a materially false statement to a federal officer.  Counts 3 through 11 charged Lewis with preparing and aiding and abetting the preparation and filing of false tax returns.  Lewis committed the offenses between Feb. 2009 and Aug. 2009 in Bernalillo, County, N.M.

According to the indictment, from Feb. to July 2009, Lewis conspired with others to defraud the IRS by preparing and filing fraudulent claims for tax refunds.  Lewis and his co-conspirators perpetuated the scheme by obtaining the names, identifiers and W-2 Forms for federal taxpayers, and using that information to electronically file federal income tax returns included either false claims for the First Time Home Buyer Credit or false withholding information.  Lewis and his conspirators thus obtained tax refunds to which they were not entitled from the IRS.

This morning, Lewis entered guilty pleas to Counts 1 and 3 of the indictment charging him with conspiracy and aiding and abetting the preparation of a false and fraudulent tax return.  In his plea agreement, Lewis admitted filing a false tax return in Feb. 2009, by which he fraudulently obtained $16,024.14 from the IRS by misrepresenting his tax withholdings.  Lewis also admitted that in 2009 he was involved in filing at least ten false tax returns and fraudulently receiving refunds based on those returns.  In his plea agreement, Lewis admitted defrauding the IRS of an aggregate of $118,470.76 through this unlawful scheme. 

Lewis has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Lewis faces a statutory maximum penalty of five years on Count 1 and a statutory maximum penalty of three years on Count 3.

Two of Lewis’s co-conspirators previously have entered guilty pleas to federal tax charges in related cases.  Jerry Gurule, 33, of Albuquerque, N.M., pled guilty on July 24, 2014, to assisting in the preparation of the preparation and filing of a false tax return. Gurule was sentenced on Dec. 10, 2014, to four years of probation with eight months of home confinement and was ordered to pay $69,070.19 in restitution to the IRS.  Also on July 24, 2014, Lawrence Jaramillo, 33, of Bosque Farms, N.M., pled guilty to conspiracy and to assisting in the preparation of the preparation and filing of a false tax return.  Jaramillo is scheduled for sentencing on Jan. 13, 2015.

These cases were investigated by IRS Criminal Investigation in Albuquerque and are being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.

ALBUQUERQUE – Joseph Paddock, 21, an enrolled member of the Navajo Nation who resides in Pine Hill, N.M., was sentenced this morning to a year in federal prison followed by three years of supervised release.

Paddock was arrested on April 28, 2014, on a criminal complaint charging him with assault, and subsequently was charged in an indictment with assault with a dangerous weapon.  According to court filings, Paddock assaulted the victim, a security guard employed by the Ramah Navajo School Board, by cutting him with a knife on April 18, 2014, at a location within the Navajo Indian Reservation. 

On Aug. 27, 2014, Paddock entered a guilty plea to the indictment and admitted that on April 18, 2014, he assaulted the victim with a knife with the intent of causing bodily harm.  Paddock acknowledged that as a result of the assault, the victim sustained injuries that required multiple stitches.

This case was investigated by the Ramah Navajo Police Department and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

ALBUQUERQUE – Robert Yazzie, Jr., 49, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced this afternoon for his conviction on a federal assault charge arising out of a violent attack on his intimate partner.  Yazzie will serve 50 months in federal prison followed by two years of supervised release. 

Yazzie was arrested on May 27, 2014, on an indictment charging him with assault resulting in serious bodily injury.  The indictment alleged that Yazzie assaulted the victim on May 17, 2013, and caused her to suffer serious bodily injury. 

On July 24, 2014, Yazzie pled guilty to the indictment and admitted assaulting his intimate partner by hitting her in the face and head multiple times with a closed fist.  Yazzie acknowledged that as a result, the victim sustained bilateral nasal bone fractures and hematomas to the head and face.  The assault occurred within the Jicarilla Apache Reservation.

This case was investigated by the Jicarilla Apache Tribe Police Department and was prosecuted by Assistant U.S. Attorney David Adams.

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

ALBUQUERQUE – The former Executive Director of the Gallup Housing Authority and an accomplice were sentenced this morning to federal prison for their convictions arising out of a scheme to defraud the United States and the U.S. Department of Housing and Urban Development (HUD) of more than $100,000.00. 

Danny Garcia, 39, formerly of Gallup, N.M., and now residing in Snowflake, Ariz., was sentenced to 20 months in prison followed by three years of supervised release.  His co-defendant, Michael Virruso, 62, of Gallup, N.M., was sentenced to 18 months in prison followed by three years of supervised release.  Garcia also was ordered to pay $105,000.00 in restitution, including $75,000.00 that must be paid jointly by Garcia and Virruso.

The sentences were announced by U.S. Attorney Damon P. Martinez, Phyllis Robinson, Special Agent in Charge of Region 6, HUD Office of Inspector General, and Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI.

Garcia and Virruso were indicted in Aug. 2013, on one count of conspiracy and eight counts of making false claims against the United States.  Garcia also was charged with three counts of theft from programs receiving federal funds.  According to the indictment, between June 2010 and Oct. 2012, Garcia and Virruso engaged in a scheme to steal federal funds provided by HUD to the Gallup Housing Authority (GHA).  HUD is a federal agency whose core mission is to make quality, affordable housing accessible to all Americans.  HUD oversees and funds programs designed to provide affordable housing for low-income Americans.  One such program, the Capital Fund Program (CFP), provides grants to public housing agencies for the purpose of making improvements to public housing developments.  GHA is a public housing agency that receives approximately $400,000.00 in CFP grants each year and Garcia was the Executive Director of GHA at the time of the offenses charged in the indictment.

As Executive Director of GHA, Garcia was responsible for selecting contractors to carry out GHA projects, reviewing and approving invoices payable by GHA, and requesting HUD funds to pay for GHA projects.  According to the indictment, in summer 2010, Garcia awarded a contract to remove and replace sidewalks in a GHA housing development to a construction company that employed Virruso and appointed Virruso to act as safety inspector.  While working on the project, Virruso submitted invoices to GHA for work performed by the company and for which the company received payment.  Garcia used GHA funds to pay Virruso’s invoices and then obtained reimbursement from HUD’s CFP.  Virruso and Garcia then formed a company together, MCL Construction.  Virruso submitted a fraudulent invoice from MCL to Garcia, who approved the invoice for payment from HUD funds, and both men collected a share of the proceeds. Virruso fraudulently received more than $75,000.00 through this scheme.  In addition, Garcia embezzled more than $15,000.00 of HUD funds by misusing a GHA debit card.

On July 8, 2014, both men entered guilty pleas to Counts 1 and 9 of the indictment charging them with conspiracy to commit false claims against the United States and false claims against the United States.  Garcia also pleaded guilty to Count 10 of the indictment charging him with theft from a program receiving federal funds.  In their respective plea agreements, Garcia and Virruso each admitted participating in the unlawful scheme described in the indictment.  Garcia also admitted embezzling GHA funds by making personal purchases exceeding $5,000.00 per year using a debit card linked to a GHA bank account.

“The sentencing today of Danny Garcia and Michael Virruso should send a strong message to anyone who serves in a position of public trust that abuses for the purpose of personal enrichment will be vigorously investigated to ensure they are brought to justice and debarred from future participation in government programs,” said Phyllis G. Robinson, Special Agent in Charge, Office of Inspector General, U.S. Department of Housing and Urban Development.

U.S. Attorney Damon P. Martinez commended Region 6, HUD Office of Inspector General and the Albuquerque Division of the FBI, who investigated the case, and Assistant U.S. Attorney Jeremy Peña, who prosecuted the case.

Defendant Charged with Embezzling Money from Bank of the West, Two Indian Tribal Organizations and Several Individual Account Holders

ALBUQUERQUE – Angela Giddings, 37, of Albuquerque, N.M., was arraigned this morning on a 22-count indictment charging her with embezzlement by a bank employee, embezzlement from Indian tribal organizations, and aggravated identity theft.  Giddings entered a not guilty plea during today’s arraignment hearing and was released on conditions of release and pretrial services supervision pending trial, which has yet to be scheduled.

The indictment charges Giddings 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 services 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.

If convicted, Giddings faces a statutory maximum penalty of 30 years in prison on each of the 12 embezzlement by a bank employee charges; a statutory maximum penalty of five years in prison on each of the six embezzlement from an Indian tribal organization charges; and a mandatory two-year term of imprisonment on each of the four identity theft charges that must be served consecutive to any sentence imposed on the embezzlement charges.  The indictment also includes forfeiture provisions that seek forfeiture to the United States of money and property constituting, or derived from, the proceeds of Giddings’ alleged criminal activity.

Charges in indictments are merely accusations.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque office of the FBI and the Office of Inspector General of the Federal Deposit Insurance Corporation, and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.

Co-Defendant Previously Sentenced to Eighteen Years in Prison; Case Prosecuted Under Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE – Joel Meeks, 21, of Albuquerque, N.M., was sentenced late this afternoon to 20 years in federal prison for his conviction on robbery, carjacking and firearms charges.  Meeks will be on supervised release for three years after completing his prison sentence.  His co-defendant, Raul Ortega, 22, also of Albuquerque, previously was sentenced in Aug. 2014, to 18 years in federal prison followed by three years of supervised release.  The two men jointly are required to pay $2,482.04 in restitution to the victims of their criminal conduct.

The sentences were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque office of the FBI, and Chief Gorden Eden, Jr., of the Albuquerque Police Department

Meeks and Ortega were arrested in April 2013, on an eight-count indictment charging the pair with offenses stemming from a series of armed robberies of commercial businesses and home invasions, including armed robbery and carjacking, occurring in Bernalillo County, N.M., from Dec. 6, 2012 to Jan. 17, 2013.  According to court filings, Meeks robbed a business called “Up in Smoke” at gunpoint on Dec. 6, 2012.  Meeks also robbed a business called “PDQ” at gunpoint on Dec. 7, 2012, and discharged his firearm while committing the crime.  Meeks and Ortega jointly committed two carjackings on Jan. 13, 2013 and Jan. 17, 2013, and brandished firearms while committing those crimes.

On April 1, 2014, Meeks entered guilty pleas to Counts 3 and 4 of the indictment, which charged him with robbing the PDQ store on Dec. 7, 2012, and with discharging a firearm while robbing the store.  He also pled guilty to Counts 5 and 7, which charged him with the Jan. 13, 2013 carjacking and Jan. 17, 2013 carjacking, respectively.

On Feb. 19, 2014, Ortega pled guilty to Counts 5 and 7 of the indictment, which charged him with the Jan 13, 2013 and Jan. 27, 2013 carjackings.  He also pled guilty to Count 6, which charged him with using a firearm during the Jan 13, 2013 carjacking.

This case was brought who brought this case as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies.  This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under the worst of the worst 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 our communities for as long as possible.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office and was prosecuted by Assistant U.S. Attorney Jon K. Stanford.

Manzanares Prosecuted as Part of Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE – George Arthur Manzanares, 44, of Las Cruces, N.M. was sentenced this morning in Las Cruces federal court to 96 months in federal prison for violating the federal firearms laws.  Manzanares will be on supervised release for three years after completing his term of incarceration.

Manzanares was arrested in Mar. 2013, on a criminal complaint charging him with being a felon in possession of a firearm.  The complaint alleged that Manzanares unlawfully possessed a firearm and ammunition from Sept. 30, 2011 through Dec. 5, 2011, in Doña Ana County, N.M.  At the time, Manzanares was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses, including aggravated assault with a deadly weapon and trafficking a controlled substance.  In Sept. 2013, Manzanares was indicted and charged with three counts of being a felon in possession of a firearm. 

On April 9, 2014, Manzanares entered a guilty plea to the three-count indictment and admitted unlawfully possessing firearms and ammunition on Sept. 30, 2011, Oct. 19, 2011, and Dec. 5, 2011.  In his plea agreement, Manzanares admitted selling firearms and ammunition to an undercover agent on each of the three dates. 

This case was investigated by the Southern New Mexico Gang Task Force of the Las Cruces office of the FBI and the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

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

                                                                                            
ALBUQUERQUE – Tina Tafoya, 33, of Clovis, N.M., pleaded guilty today to participating in a methamphetamine trafficking conspiracy in Curry County, N.M.  Tafoya is the last of four defendants to enter a guilty plea in this case.

Tafoya and her three co-defendants, Christopher Jason Kidd, 38, and John Jesse Perez, Jr., 45, both of Clovis, N.M., and Jeannette Driever, 37, of Grady, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges.  Count 1 of the three-count indictment charged that the four defendants conspired to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013.  Count 2 charged Kidd and Tafoya with possession of methamphetamine with intent to distribute on Nov. 6, 2013, and Count 3 charged Driever and Perez with possession of methamphetamine with intent to distribute on that same day.

In entering her guilty plea, Tafoya admitted conspiring with Kidd, Driever and Perez to distribute methamphetamine in Curry County in fall of 2013.  Tafoya has been in federal custody since her arrest.  She remains in custody pending her sentencing hearing which has yet to be scheduled.  Under the terms of her plea agreement, Tafoya will be sentenced to 78 months in federal prison followed by five years of supervised release. 

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

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

Tafoya’s co-defendants will be sentenced to the following terms of incarceration under the terms of their respective plea agreements:  Kidd will serve 78 months; Driever will serve 60 months; and Perez will serve 36 months.  Each will serve a five year term of supervised release after completing his or her prison sentence.  All three remain in custody pending their sentencing hearings, which have not been scheduled.

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

ALBUQUERQUE – Randall Wheeler, Jr., 30, of Los Angeles, Calif., was sentenced this afternoon to ten years in federal prison followed by four years of supervised release for his drug trafficking conviction.
                            
Wheeler was arrested in Albuquerque, N.M., on Jan. 23, 2014, on a criminal complaint alleging a drug trafficking charge.  According to the criminal complaint, Wheeler possessed phencyclidine (PCP) with intent to distribute on Jan. 22, 2014, in Bernalillo County, N.M.  Wheeler subsequently pled guilty on Sept. 17, 2014, to a felony information charging him with possession with intent to distribute.

According to the plea agreement, Wheeler admitted that on Jan. 22, 2014, he was on a Greyhound bus that made a routine stop in Albuquerque, N.M.  During the stop, a DEA agent approached him, identified himself as law enforcement, and asked permission to speak with him.  Wheeler agreed and permitted the agent to search his bags.  The search revealed two bottles concealed within Wheeler’s suitcases which were found to contain PCP. 

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.  The case was prosecuted by Assistants U.S. Attorney Linda Mott and Rumaldo A. Armijo.

Chavez Prosecuted as Part of Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE – Ronald Lewis Chavez, 46, of Albuquerque, N.M., was sentenced yesterday afternoon to ten years in federal prison for his conviction for using a firearm in furtherance of a drug trafficking crime. He will be on supervised release for five years after he completes his prison sentence.

Chavez was arrested on Jan. 27, 2014, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and possession of a firearm by a convicted felon.  Chavez subsequently was indicted in Feb. 2014, charging him with possession with intent to distribute methamphetamine, using a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm and ammunition.

According to court filings, law enforcement officers seized a handgun found underneath the mattress of Chavez’ bed and ammunition concealed in two black boxes next to the bed when they executed a search warrant at his residence in southwest Albuquerque on Jan. 24, 2014.  Officers also seized plastic bags containing methamphetamine from a fanny pack buckled around Chavez’ torso.   

Chavez pled guilty on Sept. 15, 2014, to using a firearm in furtherance of a drug trafficking crime.  He admitted possessing a semiautomatic pistol during and in relation to a drug trafficking crime.  Chavez also admitted to possessing methamphetamine with intent to distribute.

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

This case was investigated by the Albuquerque offices of the DEA and the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Louis E. Valencia prosecuted the case.

ALBUQUERQUE – Ricardo Lamagna, 21, a member and resident of Sandia Pueblo, N.M., pleaded guilty this morning to a felony information charging him with an assault with a dangerous weapon charge under a plea agreement with the U.S. Attorney’s Office.

Lamagna was arrested on Aug. 8, 2014, on a criminal complaint charging him with assaulting a tribal police officer with a deadly weapon.  According to the criminal complaint, Lamagna assaulted an officer of the Pueblo of Sandia Tribal Police Department in the early hours of Aug. 5, 2014, by firing a gun in the vicinity of the tribal police officer.  The assault occurred on Sandia Pueblo in Bernalillo County, N.M., after the tribal officer responded to a domestic violence call from Lamagna’s residence.  The tribal police officer was not injured.

During today’s proceedings, Lamagna entered a guilty plea to an assault with a deadly weapon charge, and admitted assaulting a tribal police officer with a handgun on Aug. 5, 2014.  At sentencing, Lamagna faces a statutory maximum penalty of ten years in federal prison.  His sentencing hearing has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI with assistance from the Pueblo of Sandia Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney David Adams.

Lariva Prosecuted as Part of Federal “Worst of the Worst” Anti-Violence Initiative

                
ALBUQUERQUE – Raymond Lariva, 31, of Roswell, N.M., was sentenced late yesterday afternoon in federal court in Las Cruces, N.M., to 111 months (9.25 years) in prison followed by three years of supervised release for his conviction on firearms and drug trafficking charges.  The sentence was announced by U.S. Attorney Damon P. Martinez, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Phil Smith of the Roswell Police Department.

Lariva 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.

Court records reflect that Lariva was arrested in Roswell on state charges on Dec. 31, 2012, after he attempted to avoid capture on an outstanding state warrant.  On Oct. 15, 2013, Lariva was transferred to federal custody to face related federal charges in a criminal complaint that had been filed in Jan. 2013.  The state charges subsequently were dismissed in favor of federal prosecution.

According to court filings, on Dec. 31, 2012, an officer of the Roswell Police Department came upon Lariva while responding to a call.  The officer, who recognized Lariva and was aware of a pending warrant for his arrest, attempted to make contact with Lariva.  Lariva took off running and a foot chase ensued.  During the chase, Lariva threw a small black pouch over his shoulder followed by a phone case, identification card and other items.  After Lariva was arrested, officers retrieved the black pouch which held numerous small baggies containing methamphetamine.  On Jan. 3, 2013, after reviewing recorded telephone calls made by Lariva while in state custody, officers found a loaded pistol and Lariva’s cellphone on the rooftop of a building in the area in which the pursuit had taken place.

Lariva was indicted on Jan. 15, 2014, and charged with (1) being a felon in possession of a firearm and ammunition; (2) using and carrying a firearm during and in relation to a drug trafficking crime; and (3) possession of methamphetamine with intent to distribute.  The indictment alleged that Lariva committed the offenses charged in Chaves County, N.M., on Dec. 31, 2012.  At the time, Lariva was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery, possession of a controlled substance, conspiracy to commit burglary, and being a felon in possession of a firearm.
On July 29, 2014, Lariva entered a guilty plea to the three-count indictment.  The guilty plea was entered without the benefit of a plea agreement. 

This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department with assistance from the 5th Judicial District Attorney’s Office.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Wentong Cai, 30, a Chinese national in the United States on a student Visa, pleaded guilty this morning to conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR) by scheming illegally to export defense articles with military application to the People’s Republic of China.  The guilty plea was announced by Damon P. Martinez, U.S. Attorney for the District of New Mexico, and Tom Hernandez, Acting Special Agent in Charge of Homeland Security Investigations (HSI) in El Paso, Texas.

During today’s change of plea hearing, Wentong Cai pled guilty to Count 3 of a superseding indictment charging him and his cousin, Bo Cai, 29, also a Chinese national, with a scheme to illegally export sensors primarily manufactured for sale to the U.S. Department of Defense for use in high-level applications, such as line-of-sight stabilization and precision motion control systems.  The Arms Export Control Act and the ITAR prohibit the export of defense-related materials from the United States without obtaining a license or written approval from the U.S. Department of State.

In his plea agreement, Wentong Cai admitted that from March 2012 to Dec. 2013, he conspired illegally to export sensors from the United States to China without first obtaining the required export license.  At the time, Wentong Cai was a graduate student at Iowa State University studying microbiology and Bo Cai was employed by a technology company in China.  According to the plea agreement, Wentong Cai and Bo Cai embarked on an illegal scheme to smuggle sensors out of the United States to China for one of Bo Cai’s customers despite knowledge that the sensors could not be exported without a license and that the United States did not issue licenses to export the sensors to China.  As part of the scheme, Bo Cai enlisted Wentong Cai to acquire the sensors under the ruse that he planned to use the sensors in his research at Iowa State University.

Court filings indicate that the investigation of this case began in Oct. 2013, when an undercover HSI agent responded to Wentong Cai’s overtures. After negotiations by telephone and email, Bo Cai and Wentong Cai traveled to New Mexico in Dec. 2013, where they obtained a sensor from undercover HSI agents and developed a plan for smuggling the sensor out of the United States to China.  On Dec. 11, 2013, Bo Cai was arrested at an airport in Los Angeles, Calif., as he was preparing to board a flight to China after the sensor was discovered concealed in a computer speaker in his luggage.  Wentong Cai subsequently was arrested on Jan. 22, 2014, in Ames, Iowa.

Wentong Cai is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Wentong Cai will be sentenced to 18 months of imprisonment.  He will be deported to China after he completes his prison sentence.

Bo Cai pleaded guilty on July 23, 2014, to all three-counts of the superseding indictment charging him with violating the Arms Export Control Act, smuggling, and conspiracy.  Bo Cai is in federal custody and remains detained pending his sentencing hearing.  He faces a statutory maximum penalty of 20 years in prison on the Arms Export Control Act charge, ten years in prison on the smuggling charge, and five years on the conspiracy charge.  Under the terms of his plea agreement, Bo Cai will be deported after completing his prison sentence. 

The Albuquerque office of HSI led the investigation of this case with assistance from the U.S. Air Force Office of Special Investigations, the Defense Security Service, HSI in Iowa and Los Angeles, Calif., and the FBI.  Iowa State University cooperated throughout with HSI’s investigation.  Assistant U.S. Attorneys Dean S. Tuckman and Fred J. Federici of the District of New Mexico are prosecuting the case with assistance from Deputy Chief Deborah Curtis and Trial Attorneys David Recker and Brian Fleming of the Justice Department’s National Security Division, Counterespionage Section, the U.S. Attorney’s Office for the Central District of California and the U.S. Attorney’s Office for the Southern District of Iowa.

ALBUQUERQUE – Staffred Kai Begay, 42, of Durango, Colo., pleaded guilty today to a federal child abuse charge under a plea agreement with the U.S. Attorney’s Office.

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

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

At sentencing, Begay faces a statutory maximum penalty of three years in prison.  His sentencing hearing has yet to be scheduled.

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

Lujan Prosecuted as Part of Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE – Daniel Lujan, 24, of Las Vegas, N.M., was sentenced yesterday afternoon to 144 months in federal prison for a two-day crime spree that included a bank robbery, the robbery of two convenience stores located in tribal communities, and the robbery of a business involved in interstate commerce.  Lujan will be on supervised release for [three] years after completing his prison sentence.  Lujan also was ordered to pay $51,617.09 in restitution to the victims of his crimes.

Lujan was arrested on Aug. 11, 2011, on a criminal complaint charging him with robbing the Community 1st Bank located at 701 Legion Drive, in Las Vegas, N.M., on Aug. 1, 2011.    In Dec. 2012, Lujan was charged in a four-count superseding indictment with committing the following four robberies:  (1) the Community 1st Bank in San Miguel County, N.M., on Aug. 1, 2011; (2) the Santo Domingo Travel Center in Kewa Pueblo on Aug. 2, 2011; (3) the San Felipe Travel Center in San Felipe Pueblo on Aug. 2, 2011; and (4) the Giant Gas Station, a business engaged in interstate commerce, in Bernalillo, N.M., on Aug. 2011.  The businesses robbed on Aug. 2, 2011, were located in Sandoval County, N.M. 

On Aug. 28, 2014, Lujan entered a guilty plea to all four counts of the superseding indictment and admitted robbing the bank and the three businesses identified in the indictment.

This case was investigated by the Santa Fe office of the FBI with assistance from the Las Vegas Police Department, the Southern Pueblos Agency of the BIA’s Office of Justice Services, the Parole and Probation Division of the New Mexico Corrections Department, the New Mexico State Police, and the 4th and 13th Judicial District Attorneys’ Offices.  Assistant U.S. Attorney Louis E. Valencia prosecuted the case. 

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

ALBUQUERQUE – Justin Thomas Shipley, 30, of Portales, N.M., entered a guilty plea today in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges.  Under the terms of his plea agreement, Shipley will be sentenced to eight years in prison followed by a term of supervised release to be determined by the court.
 
Shipley and co-defendant Brandon William Wood, 35, also of Portales, N.M., were arrested on April 24, 2014, in Otero County, N.M., on a criminal complaint charging them with methamphetamine trafficking charges.  They subsequently were indicted on methamphetamine trafficking and firearms charges in a six-count indictment filed in July 2014.  

Count 1 of the indictment alleged that in April 2014, Shipley and Wood participated in a conspired to distribute large quantities of methamphetamine, and Count 2 charged the two men with possession of methamphetamine with intent to distribute.  Count 3 charged Shipley with using and carrying firearms in relation to drug trafficking crimes, and Count 5 charged Shipley with being a felon in possession of firearms and ammunition.  Count 4 charged Wood with using and carrying firearms in relation to drug trafficking crimes, and Count 6 charged Wood with being a felon in possession of firearms and ammunition.

In July 2014, Shipley was prohibited from possessing firearms or ammunition because he previously had been convicted of a felony offense, forgery, in 2011.  Wood also was prohibited from possessing firearms and ammunition in July 2014 because he had been convicted of several felony offenses, including conspiracy to sell controlled substances, manufacturing, sale and possession of controlled substances, conspiracy to cultivate marijuana, and driving while intoxicated.

Today Shipley pled guilty to a three-count felony information charging him with participation in a methamphetamine trafficking conspiracy; distribution of methamphetamine; and using and carrying a firearm in relation to a drug trafficking crime.   In entering his guilty plea, Shipley admitted that beginning on April 18, 2014, he conspired with a co-conspirator to sell 80 grams of methamphetamine which was to be distributed in Portales.  Shipley admitted that they obtained the methamphetamine in Arizona on April 22, 2014.  Shipley and his co-conspirator were transporting the drugs from Arizona to Portales on April 24, 2014, when they were arrested at the U.S. Border Patrol checkpoint near Alamogordo, N.M., after Border Patrol agents found 80 grams of methamphetamine, a shotgun and a handgun in Shipley’s vehicle during a routine vehicle inspection.

Shipley has been in federal custody since his arrest.  He remains detained pending his sentencing hearing, which has yet to be scheduled.

Wood has entered a not guilty plea to the indictment.  Wood remains in custody pending his trial which is set for Jan. 19, 2015.  Charges in indictments are merely accusations.  Defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Las Cruces office of the DEA and the Alamogordo Station of the U.S. Border Patrol.  Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Wen Ping Chen, 29, and his brother Wen Qiu Chen, 31, each pled guilty this morning to harboring an illegal alien and violating the federal minimum and overtime wage laws. 
  
Ping Chen and Qiu Chen, both naturalized U.S. Citizens born in China, were arrested in Aug. 2013, following an investigation into allegations that they were harboring illegal aliens who worked at their restaurants, the Double Dragon Restaurant in Rio Rancho, N.M., which is owned and operated by Ping Chen, and the Double Dragon II, in Santa Fe, N.M., which is owned and operated by Qiu Chen.  The brothers subsequently were charged in a seven-count superseding indictment alleging conspiracy, alien harboring, and failing to pay minimum and overtime wages.

According to court filings, in Oct. 2012, federal agents executed search warrants at the Double Dragon and a Rio Rancho residence owned by Ping Chen and Qiu Chen.  The agents found three illegal aliens at the Double Dragon and another illegal alien in the residence, which served as the residence for all four aliens.  All four illegal aliens worked for Ping Chen at the Double Dragon without authorization. 

In May 2013, federal agents executed search warrants at the Double Dragon II and a Santa Fe residence owned by Qiu Chen, and found five illegal aliens at the Double Dragon II.  The agents learned that all of the Double Dragon II employees resided in the Santa Fe residence owned by Qiu Chen.   The five illegal aliens worked for Qiu Chen at the Double Dragon II without authorization.

Today Qui Chen pled guilty to Counts 5 and 7 of the superseding indictment charging him with harboring an illegal alien and failing to pay minimum and overtime wages.  Ping Chen pled guilty to Counts 3 and 7 charging him with harboring an illegal aliens and failure to pay minimum and overtime wages. 

The parties have agreed to recommend that the court sentence the two men to probationary sentences.  Under the terms of their plea agreements, the defendants will pay restitution as ordered by the court and will forfeit assets derived from or used in the commission of their crimes.  Sentencing hearings have yet to be scheduled.

This case was investigated by the Albuquerque office of HSI and the U.S. Department of Labor, and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Raquel Ruiz-Velez.

ALBUQUERQUE – Jeremy Gabriel Trujillo, 35, of Albuquerque, N.M. pleaded guilty yesterday in federal court to an armed bank robbery charge and to brandishing a firearm during and in relation to a crime of violence.

Trujillo was arrested on July 28, 2014, on a criminal complaint charging him with robbing the Bank of Albuquerque branch on Wyoming Blvd. NE in Albuquerque, N.M.  The criminal complaint alleged that Trujillo robbed the bank at gunpoint that day.  On Aug. 26, 2014, Trujillo was indicted and charged with being a felon in possession of a firearm and ammunition; armed bank robbery; and brandishing a firearm during and in relation to a crime of violence.  Court records reflect that in July 2014, Trujillo was prohibited from possessing firearms or ammunition because he previously had been convicted of at least two felony offenses.

During yesterday’s hearing, Trujillo entered guilty pleas to Counts 2 and 3 of the indictment charging him with armed bank robbery and brandishing a firearm during and in relation to a crime of violence.  Trujillo admitted entering the Bank of Albuquerque branch and brandished a firearm in the direction of three bank tellers while demanding that they give him cash.  After the bank tellers complied with his demands, Trujillo left the bank.

At sentencing, Trujillo faces a statutory maximum penalty of 25 years in prison for his armed bank robbery conviction.  He also faces a minimum of seven years in prison for his firearms conviction which must be served consecutive to the sentence imposed for the armed bank robbery conviction.   Under the terms of his plea agreement, Trujillo also must pay restitution for bank robberies committed on April 29, 2014 at the Bank of Albuquerque and on May 7, 2014 at the Wells Fargo Bank in Albuquerque.

Trujillo has been in federal custody since his arrest.  He remains detained pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney David M. Walsh. 

ALBUQUERQUE – Jose Valladolid, 44, of Columbus, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to being a felon in possession of firearms under a plea agreement with the U.S. Attorney’s Office.

Valladolid was arrested on Aug. 6, 2014, at the Columbus International Port of Entry in Luna County, N.M., for being a felon in possession of firearms, and attempting to export those firearms out of the United States.  U.S. Customs and Border Protection Officers at the Columbus Port of Entry together with U.S. Border Patrol Agents assisting them with vehicle inspections arrested Valladolid after they found two firearms in his vehicle.  At the time, Valladolid was prohibited from possessing firearms because he previously had been convicted of a marijuana trafficking crime.

Valladolid was indicted in Nov. 2014, on a two-count indictment charging him with being a felon in possession of a firearm, and fraudulently attempting to smuggle two rifles out of the United States.

During today’s proceedings, Valladolid pled guilty to Count 1 of the indictment and admitted possessing the firearms discovered in his vehicle on Aug. 6, 2014.  He also admitted that he was prohibited from possessing the firearms because he was a convicted felon.

Valladolid has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Valladolid faces a statutory maximum penalty of ten years in federal prison.

This case was investigated by the Deming office of Homeland Security Investigations, U.S. Border Patrol, U.S. Customs and Border Protection, the Las Cruces office of the Bureau of Alcohol, Tobacco and Firearms and Explosives, and the Las Cruces office of the DEA.  Assistant U.S. Attorney Brock E. Taylor of the Las Cruces branch office of the U.S. Attorney’s Office is prosecuting this case.

ALBUQUERQUE – Ruben Nieto, 45, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with distribution of visual depictions of minors engaged in sexually explicit activity.  The indictment alleges that Nieto distributed child pornography in Bernalillo County, N.M., from March 24, 2014 through March 27, 2014.  Nieto entered a not guilty plea during his arraignment hearing.

Nieto was arrested by the FBI on Nov. 13, 2014, based on a criminal complaint, and was indicted on Dec. 3, 2014.  Court filings reflect that the FBI initiated a federal investigation into Nieto in May 2014, after receiving a referral from the Bernalillo County Sheriff’s Office and the New Mexico Attorney General’s Office, both of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.  According to the criminal complaint, in Jan. 2014, investigators identified an IP address that allegedly was being used to download and share child pornography.  Subsequent investigation revealed that the IP address was subscribed to the residence in which Nieto allegedly had lived until April 2014.  In May 2014, investigators executed a search warrant at the residence and seized computers and computer-related media that allegedly contained child pornography after learning that Nieto regularly used the computer while he lived in the residence. 

Nieto remains detained pending trial, which has not yet been scheduled.  If convicted of the charge in the indictment, Nieto faces a federal prison term of not less than five years and not more than 20 years.  Nieto would also be required to register as a sex offender.  Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt. 
           
This case was investigated by the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office, the New Mexico Attorney General’s Office and the New Mexico ICAC Task Force. 

This 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 NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

            ALBUQUERQUE – Peterson Yazzie, 34, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced to eleven years in federal prison for his conviction on firearms and stalking charges.  Yazzie will be on supervised release for five years after completing his prison sentence.  The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.

            Yazzie was arrested on April 24, 2014, on a criminal complaint alleging that he stalked his former intimate partner, a Navajo woman, by leaving numerous threatening messages in her cellphone voicemail box on April 12, 2014.  In some of the messages, Yazzie threatened to shoot the victim and her new boyfriend.  The criminal complaint also alleged that Yazzie assaulted the victim’s new boyfriend on April 12, 2014, by firing multiple shots at a vehicle the boyfriend was driving.

            On July 21, 2014, Yazzie pled guilty to the two-count felony information.  In his plea agreement, Yazzie admitted stalking his former intimate partner on April 12, 2014 by leaving messages on her cellphone voicemail box including one in which he threatened to “put a bullet in her head,” causing the victim to fear that death or seriously bodily injury would occur.  Yazzie also admitted that April 12, 2014, he committed a crime of violence by using a rifle to shoot at a vehicle driven by the second victim.  Yazzie acknowledged committing both crimes within Navajo Indian Reservation.

            This case was investigated by the Farmington Office of the FBI and Shiprock 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.

Christopher Reza Prosecuted Under Federal “Worst of the Worst” Anti-Violence Initiative

ALBUQUERQUE – Christopher O. Reza, 33, of Carlsbad, N.M., pleaded guilty this morning in Las Cruces federal court to firearms and methamphetamine trafficking offenses under a plea agreement with the U.S. Attorney’s Office.

Reza 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.

Reza was arrested on May 19, 2014, based 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.

During today’s proceeding, 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. 

Reza has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.  Under the terms of his plea agreement, Reza will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.

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 is prosecuting this case.

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

ALBUQUERQUE – Adrian Lopez, 25, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., pled guilty this morning to assaulting a federal law enforcement officer.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Director John Billison of the Navajo Nation Division of Public Safety.

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

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

Lopez has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Lopez faces a statutory maximum penalty of eight years in prison. 

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 Linda Mott is prosecuting this case. 

ALBUQUERQUE – Daniel Arrieta, 39, of Anthony, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 120 months in prison followed by three years of supervised release for his heroin trafficking conviction.

Arrieta was arrested on May 10, 2013 on a criminal complaint charging him with participating in a heroin trafficking conspiracy.  According to the criminal complaint, Arrieta was arrested after he sold 3.6 grams of heroin which was packaged for retail distribution to an undercover agent in exchange for $200.  The undercover transaction took place during two meetings in Anthony, N.M., and El Paso, Texas, on April 18, 2013.

Arrieta pled guilty on Dec. 13, 2014, to a felony information charging him with participation in a heroin distribution conspiracy.

This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Shaheen Torgoley.

ALBUQUERQUE – Carl Weatherman, 32, of Albuquerque, N.M., pled guilty this morning to receipt of a visual depiction of a minor engaged in sexually explicit conduct under a plea agreement with the U.S. Attorney’s Office. 

Weatherman was arrested on federal child pornography charges on April 8, 2014, based on a criminal complaint alleging receipt and possession of child pornography charges.  According to the criminal complaint, the investigation into Weatherman was initiated by the Bernalillo County Sheriff’s Office (BCSO) in Dec. 2013, when a minor child reported seeing Weatherman watch child pornography and that Weatherman showed child pornography to the minor child.  Between Dec. 2013 and Feb. 2014, the BCSO executed search warrants at Weatherman’s residence which authorized them to seize, among other things, computers, computer-related media and cellphones.  Items seized by the BCSO during the searches were submitted for forensic examination by the New Mexico Regional Forensic Laboratory, and were found to contain images and videos consistent with child pornography.

Weatherman was indicted on May 7, 2014, and charged with one count of receipt of child pornography and one count of possession of child pornography.

During today’s proceedings, Weatherman entered a guilty plea to Count 1 of the indictment, charging him with receipt of child pornography.  In his plea agreement, Weatherman admitted that between Aug. 2013 and Dec. 2013, he knowingly received child pornography on his computer.

Weatherman has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Weatherman faces imprisonment for a period not less than five years and not more than 20 years followed by a period of supervised release to be determined by the court.  Weatherman will have to register as a sex offender after completing his prison sentence.

This case was investigated by the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico Regional Forensic Laboratory, and is being 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 Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 74 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Joseph Edward Lucero, 25, of Laguna Pueblo, was sentenced this morning to 74 months in federal prison followed by two years of supervised release for his assault conviction arising out of the drive-by shooting of an Acoma Pueblo home.

Lucero is the third of four members of Laguna Pueblo to be sentenced in this case.  Co-defendants Preston Chino, 22, and Cameron Joseph Kasero, 21, were each sentenced last week to 96 months in federal prison followed by three years of supervised release.

Lucero, Chino and Kasero, together with co-defendant Andrea Carrillo, 22, were indicted on assault and firearms offenses in July 2013.  The indictment alleged that the quartet assaulted two men and a woman on Dec. 9, 2012, by discharging firearms at a residence located in Acoma Pueblo in Cibola County, N.M.

Lucero entered a guilty plea to an assault charge on Sept. 9, 2014, and admitted repeatedly discharging a weapon at the victims’ residence. 

Chino pled guilty on Aug. 27, 2014, to an assault charge, and admitted aiding Kasero and Lucero in assaulting the three victims by providing them with shotguns and ammunition.  He also admitted driving his co-defendants to the victims’ Acoma Pueblo home where they discharged the shotguns multiple times in the direction of the residence.

Kasero pled guilty to an assault charge on Sept. 2, 2014.  During his plea hearing, Kasero admitted assaulting the victims by discharging a shotgun at a residence while it was occupied by the victims.

Carrillo entered a guilty plea to an assault charge on Sept. 2, 2014, and admitted aiding the assault on the victims by providing her co-defendants with directions to the residence with the understanding that her co-defendants intended to commit an assault at that location.  Carrillo is scheduled for sentencing on Jan. 20, 2015, when she faces a statutory maximum penalty of ten years in prison.

This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, the Acoma Pueblo Tribal Police and the Pueblo of Laguna Tribal Police Department.  Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.

ALBUQUERQUE – Thelda Frank, 42, an enrolled member of the Navajo Nation who resides in Farmington, N.M., was sentenced today to a year of supervised release for her assault conviction.

            Frank was arrested in Jan. 2013, based on an indictment charging her with assault with a dangerous weapon and assault resulting in serious bodily injury.  According to the indictment, Frank assaulted a man with a knife on July 27, 2011, in a location within the Navajo Indian Reservation. 

On Sept. 25, 2013, Frank pleaded guilty to a felony information charging her with assault, and Frank admitted stabbing a man in the abdomen with a knife on July 27, 2011.

            This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

Defendant and Co-Conspirators Used Counterfeit Debit Cards
To Defraud a Financial Institution of $30,505.52

ALBUQUERQUE – Kevin Cohn, 31, of Rialto, Calif., pleaded guilty this morning to conspiracy to commit bank fraud under a plea agreement with the U.S. Attorney’s Office.  Cohn is the third member of the conspiracy to enter a guilty plea in the case.

Cohn’s co-defendants, Denny Smith, 50, of Hesperia, Calif., and Michael Anthony Bjornethun, 40, of Riverside, Calif., were charged with bank fraud offenses in a criminal complaint filed on Jan. 13, 2014.  The two subsequently were indicted on Jan. 22, 2014, and charged with conspiracy to commit bank fraud and five counts of bank fraud. 

Cohn was added as a defendant to the case in a 12-count superseding indictment filed on March 26, 2014.  Count 1 of the indictment charged Smith and Cohn with conspiracy to commit bank fraud and Count 2 charged Smith and Bjornethun with the same offense.  Counts 3 through 12 charged the three men with individual bank fraud offenses.  According to the superseding indictment and other court filings, Cohn, Smith and Bjornethun perpetuated a scheme in Jan. 2014 to defraud a bank by using counterfeit debit cards to purchase items from U.S. Post Offices in New Mexico, Arizona and Texas. 
           
This morning, Cohn pled guilty to Count 1 of the superseding indictment charging him with conspiracy to commit bank fraud.  In entering his guilty plea, Cohn admitted that in Jan. 2014, he traveled with Smith from California to Arizona, New Mexico and Texas, where they visited various post offices and purchased stamps, gift cards and other items with counterfeit debit cards.  Cohn admitted that the purpose of the trip was to commit fraud.   In his plea agreement, Cohn admitted that he and his co-conspirators perpetuated fraud in the amount of $30,505.52 during the life of their bank fraud scheme.

Cohn has been in federal custody since his arrest in Sept. 2014, and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Cohn faces a statutory maximum penalty of 30 years in prison.  Cohn, together with his co-defendants, will be required to pay restitution in the amount of $30,505.52 to the U.S. Postal Service as part of his sentence.    

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

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

ALBUQUERQUE – Antonio Yazzie, 22, an enrolled member of the Navajo Nation who resides in Lukachukai, Ariz., was sentenced this afternoon for his assault with a dangerous weapon conviction.  Yazzie will serve 24 months in federal prison followed by three years of supervised release.

Yazzie and his sister Maraintoinette Lynn Yazzie, 26, also of Lukachukai, Ariz., were arrested in April 2014, on a criminal complaint alleging that they attacked a Navajo man at his home in Tohlakai, N.M., on Feb. 26, 2014.  The two subsequently were indicted in May 2014, and charged with one count of assault with a dangerous weapon and two counts of robbery.  According to court filings, Yazzie and his sister allegedly assaulted the victim by restraining him and striking him repeatedly in the face and head with a rock and a coffee mug.  The two then allegedly robbed the victim of cash and his truck.

Yazzie pled guilty on Sept. 9, 2014, to Count 1 charging him with assault with a dangerous weapon.  In his plea agreement, Yazzie admitted striking the victim in the head and the face with a rock and a coffee mug with the intent to do bodily harm.

Mariantoinette Lynn Yazzie pled guilty on Sept. 17, 2014, to Count 1 of the indictment.  She has been in federal custody since her arrest and remains detained pending her sentencing hearing, which is scheduled for Jan. 13, 2015.  Mariantoinette Lynn Yazzie faces a statutory maximum sentence of ten years in prison when she is sentenced.

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 Paul H. Spiers.

ALBUQUERQUE – Javier Orozco, 30, of Anthony, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.  Orozco was sentenced based on a guilty plea entered on Feb. 11, 2014.

Orozco and his brother, Victor Manuel Carreon, 24, also of Anthony, N.M., were arrested on Sept. 5, 2013, on a criminal complaint charging them with being felons in possession of firearms and ammunition.  The two were subsequently indicted on these charges on Dec. 11, 2013.  The indictment alleges that Carreon and Orozco unlawfully possessed firearms and ammunition in Doña Ana County, N.M., on June 19, 2013.  At the time, the brothers were prohibited from possessing firearms or ammunition because they were convicted felons.  Carreon previously had been convicted for possession of a controlled substance and aggravated fleeing from a law enforcement officer, and Orozco had been convicted for shooting at a motor vehicle and aggravated assault.

  According to court filings, on June 19, 2013, Carreon and Orozco were arrested on state charges by Doña Ana County Sheriff’s deputies who were seeking to arrest Carreon on state warrants.  The deputies detained Orozco in the vicinity of a truck parked outside a residence in Anthony, and arrested Carreon inside the residence.  At the time of his arrest, Carreon was near a trash can that contained a loaded handgun; he admitted ownership of the handgun during a post-arrest interview.  The deputies arrested Orozco after they allegedly found a large amount of cash and a plastic bag containing methamphetamine in Orozco’s pockets.  During a search of the truck, which allegedly was driven primarily by Orozco, officers allegedly found additional currency and a loaded handgun.

On Jan. 7, 2014, Carreon pled guilty to Count 2 of the indictment charging him with being a felon in possession of a firearm and ammunition.  He was sentenced on May 21, 2014, to 46 months in prison followed by three years of supervised release.

This case was investigated by the Las Cruces office of the FBI and the Doña Ana County Sheriff’s Office, with assistance from the 3rd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

Dickerson and Co-Defendant Perpetuated in Scheme to Rob Employees
Making ATM Deposits on Behalf of their Business Employers

ALBUQUERQUE – Kelvin L. Dickerson, 36, of Albuquerque, N.M., was sentenced this afternoon to 121 months in federal prison followed by five years of supervised release for his conviction for robbing businesses engaged in interstate commerce.

Dickerson and his co-defendant, Dominique Dickens, 29, also of Albuquerque, were arrested in Dec. 2013, on an eight-count indictment charging them with conspiracy and seven Hobbs Act robberies.  According to the indictment, between June 2013 and early Sept. 2013, Dickerson and Dickens engaged in a scheme to rob employees of businesses engaged in interstate commerce in Bernalillo County, N.M.  Dickens would drive Dickerson to automatic teller machines (ATMs) where Dickerson would rob individuals who were making deposits.  Dickens would pick Dickerson up after he committed the robberies and drive him away.

On July 2, 2014, Dickerson entered a guilty plea to the indictment and admitted that he and his co-defendant conspired to rob individuals who were making deposits into ATMs between June 28, 2013 and Sept. 5, 2013.  Dickerson also admitted robbing seven individuals during that time period.  The victims of Dickerson’s criminal conduct were employed by One Main Financial, Loan Max Title Loans, Church’s Chicken, National Insurance, Sonic and Radio Shack, all of which are businesses engaged in interstate commerce.

Dickens pled guilty to a conspiracy charge and three Hobbs Act robbery charges on Aug. 6, 2014.  In entering her guilty plea, Dickens admitted conspiring with Dickerson to interfere with interstate commerce by robbing individuals who were making deposits at ATMs on behalf of their business employers.  Dickens specifically admitted aiding and abetting Dickerson in robbing the victims by driving him to the vicinity of the ATMs and then driving him away from the crime scenes on three occasions.  Dickens faces a maximum statutory penalty of 20 years in prison on each charge to which she pleaded guilty.  She remains in custody pending her sentencing hearing, which is scheduled for Dec. 16, 2014.

This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies.  This initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under the worst of the worst 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 our communities for as long as possible.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

ALBUQUERQUE – Lorin Nelson Dee, 74, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., entered a guilty plea today to a federal abusive sexual contact charge. 

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

This morning, Dee pled guilty to Count 2 of the indictment, charging him with abusive sexual contact.  In his plea agreement, Dee admitted intentionally touching and rubbing the victim’s breast by use of force on April 23, 2014. 

Dee has been in federal custody since his arrest and remains detained pending sentencing, which has yet to be scheduled.  At sentencing, Dee faces a statutory maximum penalty of ten years in prison.

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

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.

Nineteen of Twenty-One Defendants Charged Have Entered Guilty Pleas as a
Result of Cases Generated by Multi-Agency Investigation in 2013

ALBUQUERQUE – Two more residents of Las Cruces, N.M., have entered guilty pleas in Las Cruces federal court to heroin trafficking charges in five cases filed in 2013 as the result of a multi-agency investigation into drug trafficking in Doña Ana County, N.M.

Esther Soliz, 50, pled guilty in Las Cruces federal court this morning to participating in a heroin trafficking conspiracy under a plea agreement that requires the imposition of a ten year federal prison sentence.  She remains in custody pending her sentencing hearing, which has yet to be scheduled.  Angel Ortega, 19, entered a guilty plea yesterday to a heroin trafficking conspiracy charge that exposes her to a sentence of not less than five years and not more than 40 years in prison.  She too remains in custody pending her sentencing hearing.

Soliz and Ortega, together with a Mexican national and 18 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.  To date, 19 of the 21 defendants charged as a result of the investigation have entered guilty pleas.

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.

The following defendants also have entered guilty pleas in the cases generated as a result of the multi-agency investigation:

• Nathan Andrew Maestas, 31, entered guilty pleas on June 16, 2014, to heroin trafficking and firearms charges.  Under the terms of his plea agreement, Maestas will be sentenced to 72 months in federal prison.

• Aprile Cardon, 36, pled guilty on June 18, 2014 to a misdemeanor information charging her with simple possession of heroin, and was sentenced to time served (48 days).

• Deva Blunt, 20, pled guilty on July 16, 2014, to simple possession of heroin.  She faces a maximum statutory penalty of a year in prison.

• Isaac Garces, 29, pled guilty on Aug. 11, 2014, to participating in a heroin distribution conspiracy and to being a felon in possession of a firearm.  Garces faces a mandatory minimum of ten years in prison and a maximum of life in prison when he is sentenced.

• Adriana Antillon, 23, pled guilty on Aug. 25, 2014 to participating in a heroin trafficking conspiracy.  Antillon faces a mandatory minimum of ten years in prison and a maximum of life in prison when she is sentenced.

• Antonio Dominguez, 20, pled guilty on Aug. 25, 2014, to participating in a heroin trafficking conspiracy.  Dominguez faces a statutory maximum penalty of 20 years in prison when he is sentenced.

• Valerie Madrid, 41, pled guilty on Sept. 18, 2014, to participating in a heroin distribution conspiracy.  Madrid faces a statutory maximum penalty of 20 years in prison when she is sentenced.

• Crystal Marie Delgado, 28, pled guilty on Sept. 23, 2014, to a heroin distribution conspiracy charge.  Delgado faces a statutory maximum penalty of 20 years in prison when she is sentenced. 

• Kathye Young, 44, pled guilty on Oct. 7, 2014, to participating in a heroin trafficking conspiracy and possession of heroin with intent to distribute.   Young faces a mandatory minimum of five years and a maximum of 40 years in prison when she is sentenced.

• Angel Linares, 20, pled guilty on Oct. 7, 2014, to participating in a heroin trafficking conspiracy.   Linares faces a mandatory minimum of five years and a maximum of 40 years in prison when he is sentenced.

• Darlene Gonzalez, 32, pled guilty on Oct. 8, 2014 to participating in a heroin trafficking conspiracy.  Gonzalez faces a maximum of 20 years in prison when she is sentenced.  She remains in custody. 

• Jorge Carrillo, 58, pled guilty to participating in a heroin trafficking conspiracy and being a felon in possession of firearms on Oct. 7, 2014.  Carrillo faces a mandatory minimum of five years and a maximum of 40 years in prison when he is sentenced.

• Jeremy Sparks, 23, pled guilty on Oct. 15, 2014, to participating in a heroin trafficking conspiracy.  Sparks faces a statutory maximum penalty of 20 years in prison when he is sentenced.

• Michelle Antillon, 20, pled guilty on Nov. 12, 2014, to participating in a heroin trafficking conspiracy.  Antillon faces a mandatory minimum of ten years in prison and a maximum of life in prison when she is sentenced.

• Alysha Vargas, 22, pled guilty on Nov. 19, 2014, to participating in a heroin trafficking conspiracy and possession of heroin with intent to distribute.   Vargas faces a mandatory minimum of five years and a maximum of 40 years in prison when she is sentenced.

• Andy Nunez, 21, pled guilty on Nov. 19, 2014, to participating in a heroin trafficking conspiracy.  Nunez faces a mandatory minimum of five years and a maximum of 40 years in prison when he is sentenced.

Patrick Gonzalez, 39, and Celena Marquez, 26, have entered not guilty pleas. Gonzalez is scheduled for trial on Jan. 20, 2015, and Marquez is scheduled for a change of hearing on Dec. 11, 2014.  Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty in a court of law.

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.

ALBUQUERQUE – The Department of Justice is investigating multiple complaints regarding the University of New Mexico’s handling of reported sexual assaults and sexual harassment of students at the University.  As part of the review, the department will evaluate the University’s policies and practices for preventing sexual assault and sexual harassment, and for investigating and responding to student complaints of sexual violence, sexual harassment, and retaliation.  The investigation is being conducted under Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, which both prohibit sex discrimination in education programs.

Attorneys from the Educational Opportunities Section of the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Mexico are conducting this investigation.  Anyone with information related to sexual assaults or sexual harassment at the University of New Mexico is encouraged to contact the Department of Justice at (855) 856-2048 or community.unm@usdoj.gov.

The enforcement of Title IV and Title IX are top priorities of the Justice Department’s Civil Rights Division.  Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the District of New Mexico is available on its website at www.justice.gov/usao/nm.  For more information about the Administration’s efforts on prevention and response to sexual assault and sexual harassment on college and university campuses, please visit www.notalone.gov.