Northern District of Iowa
Press releases recorded for this federal judicial district.
Waterloo Man Who Bought Guns for Other People Sentenced to over Six Years in Federal PrisonRead the Press Release
A Waterloo man who purchased at least 38 guns for other people was sentenced November 8, 2022, to over six years in years in federal prison.
Joshua William Butler, age 35, from Waterloo, Iowa, received the prison sentence after a May 3, 2022 guilty plea to false statement during purchase of a firearm and possession of a firearm by a drug user.
Evidence at the plea and sentencing hearings showed that in 2020, Butler purchased at least 38 firearms from different retailers in the Waterloo and Cedar Falls area. When Butler filled out the forms to purchase the firearms, he indicated that the guns were for him and that he did not use controlled substances. However, it was later determined that Butler purchased the firearms for others. In January 2021, police officers searched Butler’s Waterloo residence. During their search, officers found a Glock 9mm firearm, ammunition, a 33-round extended magazine, marijuana, and 62 ecstasy pills. The Glock 9mm had a serial number that someone had attempted to scratch off. Officers also searched a storage unit belonging to Butler and found another gun. Officers believe that only ten of the firearms purchased by Butler have been recovered. The majority of the firearms were recovered in the Chicago area. Many of the firearms were recovered from people who were lawfully prohibited from possessing firearms, including one individual who was out on bond at the time for murder charges.
“Keeping guns out of the hands of criminals saves lives. Our partners in this case, the ATF, FBI, and the Waterloo Police Department, successfully devoted their time and effort to put an end to Butler’s illegal activities,” said United States Attorney Timothy Duax. “As a result, our community is safer. To those who would act as straw purchasers and provide guns to convicted criminals, I can only say look at Mr. Butler, and ask whether you want to share his fate. The United States Attorney’s Office, its law enforcement partners, and the law-abiding public are committed to enforcing our firearms laws, and keeping guns out of the hands of violent criminals.”
ATF Special Agent in Charge, Fred Winston said: “Firearms trafficking is never a victimless crime and this case highlights ATF’s commitment to restrict the flow of firearms to the violent criminals. There is no way to know the number of violent crimes that were prevented by disrupting Mr. Butler’s firearms trafficking scheme, but we do know that this investigation not only put a trafficker behind bars, but also made our communities safer by limiting criminals access to firearms.”
Butler was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Butler was sentenced to 78 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term and pay a $100 special assessment fee. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Kyndra Lundquist. This case was brought as part of Project Safe Neighborhoods (PSN) through a cooperative effort of the Waterloo Police Department, FBI Safe Streets Task Force, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-2020.
Follow us on Twitter @USAO_NDIA.
Sioux City Man Sentenced to Federal Prison for Illegally Possessing a GunRead the Press Release
On November 7, 2022, Antwoine Johnson, 29, from Sioux City, Iowa, was sentenced to 30 months in federal prison for possession of a firearm by a prohibited person. Johnson pled guilty June 14, 2022, in federal court in Sioux City.
Evidence at the sentencing hearing showed that on January 23, 2022, the Sioux City Police Department stopped Johnson for a traffic violation. Law enforcement detected the smell of marijuana emanating from the car. During a subsequent search of the car, officers found a loaded 9mm firearm in the void between the driver’s seat and console. Officers also found approximately 120 grams of marijuana in four separate baggies in the center console. Johnson was previously convicted of felony burglary, third degree in 2016, and was an unlawful user of marijuana, both of which prohibited him from possessing a gun.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Johnson was sentenced to 30 months’ imprisonment and must serve a 2 year term of supervised release following imprisonment. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Sioux City Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4019. Follow us on Twitter @USAO_NDIA.
Cedar Rapids Meth and Heroin Dealer Sentenced to Federal PrisonRead the Press Release
A Cedar Rapids woman who distributed methamphetamine and heroin was sentenced November 7, 2022, to two years in federal prison.
Breanna Lynn Luna, age 42, from Cedar Rapids, Iowa, received the prison term after a June 23, 2022 guilty plea to one count of possession with intent to distribute a controlled substance.
Evidence disclosed at sentencing showed that, between January 2020 and March 2020, Luna distributed methamphetamine and heroin in Cedar Rapids, Iowa. On March 4, 2020, law enforcement officers stopped a vehicle in which Luna was a passenger. During the stop, officers recovered methamphetamine from Luna’s purse. Luna was then arrested and transported to jail, where she was subject to a search. During the search, deputies recovered methamphetamine from Luna’s person.
Luna was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Luna was sentenced to 24 months’ imprisonment, and she must also serve a three‑year term of supervised release after the prison term. There is no parole in the federal system.
Luna is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Emily Nydle and Dillan Edwards and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-00048.
Follow us on Twitter @USAO_NDIA.
Cedar Rapids Man Who Transported over 100 Pounds of Methamphetamine from California to Iowa Pleads GuiltyRead the Press Release
A man who hauled loads of 30 to 60 pounds of methamphetamine from California to Iowa pled guilty today in federal court in Cedar Rapids.
Albert Henry Bailey, age 53, from Cedar Rapids, Iowa, was convicted of one count of conspiracy to distribute a controlled substance.
At the plea hearing, Bailey admitted he conspired with others to distribute methamphetamine in Iowa. Evidence at a prior hearing showed that during a wiretap investigation conducted by the Drug Enforcement Administration in Cedar Rapids in late 2021 and early 2022, Bailey was discovered to be a driver for a group of individuals who were purchasing ice methamphetamine in California and selling it in eastern Iowa. Bailey traveled to California and then drove between 30 and 60 pounds of methamphetamine back to Iowa, where other individuals would sell it. In February 2022, intercepted communications over the wiretap indicated that Bailey would be transporting methamphetamine from California to Iowa. Investigators tracked Bailey’s vehicle and stopped it in York County, Nebraska. During a search of the vehicle, investigators located and seized approximately 60 pounds of ice methamphetamine.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Bailey was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Bailey faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and a lifetime of supervised release following any imprisonment.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the DEA Task Force in Cedar Rapids and the Federal Bureau of Investigation. The DEA Task Force in Cedar Rapids consists of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement. The case is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 22‑CR‑87‑CJW‑MAR.
Follow us on Twitter @USAO_NDIA.
Cedar Rapids Man Pleads Guilty to Being a Prohibited Person in Possession of a FirearmRead the Press Release
A prohibited person who possessed a firearm pled guilty on November 7, 2022, in federal court in Cedar Rapids, Iowa.
Tylon Randolph, age 21, from Cedar Rapids, was convicted of one count of being a prohibited person in possession of a firearm. At the plea hearing, Randolph admitted that, on June 1, 2022, he possessed a Hi-Point 9 mm pistol after having been convicted of a felony and while he was an unlawful user of marijuana and alprazolam.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Randolph remains in custody of the United States Marshal pending sentencing. Randolph faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Cedar Rapids Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 22-71.
Follow us on Twitter @USAO_NDIA.
West Virginia Man Sentenced to Federal Prison for Meth ConvictionRead the Press Release
A man who possessed over a pound and a half of methamphetamine was sentenced today to more than 19 years in federal prison.
Robert Charles Shelton, age 42, from Parkersburg, West Virginia, received the prison term after a May 2, 2022 guilty plea to one count of possession with intent to distribute methamphetamine.
At the plea and sentencing hearings, evidence showed that Shelton was attempting to burglarize a home in Cedar County, Iowa, when relatives of the homeowner found him. Shelton attempted to flee in his car but became stuck in a field. Shelton abandoned his car and fled from the house on foot before law enforcement officers arrived. The following morning, law enforcement officers received a call of a person walking near the Cedar Valley Bridge. There, an officer found Shelton carrying a bag and a flashlight. In the bag, officers located over a pound and a half of methamphetamine and a BB handgun.
Shelton was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Shelton was sentenced to 235 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Shelton is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Adam J. Vander Stoep and investigated by the Cedar County Sheriff’s Office, Iowa State Patrol, Iowa Division of Narcotics Enforcement, and Muscatine County Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-17.
Sioux City Man with Lengthy Criminal History Sentenced to 7 Years in Federal Prison for Possession of AmmunitionRead the Press Release
A Sioux City, Iowa man with a lengthy criminal history was sentenced November 4, 2022, to more than 7 years in federal prison.
Michael Mace, age 20, from Sioux City, Iowa received the prison term after a June 23, 2022, guilty plea to possession of ammunition as a felon.
Evidence in the case showed Mace’s criminal possession of ammunition was discovered when, on July 19, 2021, officers of the Sioux City Police Department initiated a traffic stop on a vehicle in which Mace was a passenger. A high-speed pursuit ensued. During the pursuit, a firearm was thrown from the vehicle. The pursuit ended when the driver lost control of the vehicle. Mace fled on foot but did not get far. The gun was later located on the sidewalk along the path of the flight. It bore no identifying marks, but the bullets loaded in the gun did, and were determined to bear Mace’s fingerprints.
Mace, despite being just 20, has a lengthy criminal history including: (1) Possession with Intent to Delivery Methamphetamine, in the Iowa District Court for Woodbury County, on or about January 21, 2021; (2) Theft in the First Degree, in the Iowa District Court for Woodbury County, on or about January 21, 2021; (3) Assault on an Officer, in the Iowa District Court for Woodbury County, on or about January 21, 2021; (4) Theft in the Second Degree, in the Iowa District Court for Woodbury County on or about January 21, 2021; and (5) Eluding, in the Iowa District Court for Woodbury County, on or about January 21, 2021.
Mace was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 84 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term and pay a $100 special assessment. There is no parole in the federal system.
Mace is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Sioux City Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-04073.
Follow us on Twitter @USAO_NDIA
Sioux City Man Sentenced to More than 4 Years in Federal Prison for Illegal Possession of a FirearmRead the Press Release
A Sioux City, Iowa man was sentenced November 2, 2022, to more than 4 years in federal prison.
Isaiah Wiley, age 23, from Sioux City, Iowa received the prison term after a July 18, 2022, guilty plea to possession of a firearm by a person previously convicted of misdemeanor domestic violence.
Evidence in the case showed that on or about February 12, 2021, Wiley, while under the influence of marijuana, threatened his pregnant girlfriend with a gun. In a separate incident on or about March 14, 2022, Wiley fired a single shot into the air during an argument with another individual. After a short foot pursuit, Wiley surrendered to officers after laying the firearm on the ground.
Wiley was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand, to 52 months’ imprisonment. He must also serve 3 years of supervised release after the prison term and pay a $100 special assessment. There is no parole in the federal system.
Wiley is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Sioux City, Iowa Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-04039.
Follow us on Twitter @USAO_NDIA.
Hawkeye Felon Pleads Guilty to Possession of a FirearmRead the Press Release
A man who possessed a firearm after the Fayette County Sheriff’s Office searched his Hawkeye, Iowa, home on August 10, 2022, pled guilty today in federal court in Cedar Rapids.
Rusty Joe Barker, age 38, from Hawkeye, Iowa, was convicted of one count of possession of a firearm and ammunition after he was convicted of a felony offense.
In an earlier detention hearing, the evidence showed that Fayette County Deputies learned that Barker had access to a firearm and ammunition when they went to the Barker home in response to a child abuse/runaway child investigation. At the plea hearing, Barker admitted he possessed a handgun and ammunition on August 10, 2022, when the deputies searched his home. Barker also admitted he was previously convicted of kidnapping and willful injury in the Iowa District Court for Chickasaw County on September 25, 2007.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Barker remains in custody of the United States Marshal pending sentencing. Barker faces a possible maximum sentence of 15 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated by Fayette County Sheriff’s Office, Fayette County Attorney’s Office, Iowa State Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosive. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-02057.
Follow us on Twitter @USAO_NDIA.
Fort Dodge Woman Pleads Guilty to Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine pled guilty November 2, 2022, in federal court in Sioux City.
Amber Miller, 35, from Fort Dodge, Iowa, was convicted of conspiracy to distribute methamphetamine.
At the plea hearing, Miller admitted her involvement in a conspiracy scheme that distributed more than 40 pounds of methamphetamine from January 2020 through April 2022. On two separate occasions in January and March 2021, Miller distributed a total of 140 grams of meth to an individual cooperating with law enforcement. Miller also admitted conduct in the obstruction of justice.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Miller remains in custody of the United States Marshal and will remain in custody pending sentencing. Miller faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, Webster County Sheriff’s Office, and Hamilton County Sheriff’s Office, DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-3015. Follow us on Twitter @USAO_NDIA.
Escape Results in Additional Federal Prison SentenceRead the Press Release
A woman who was prosecuted for her second escape from federal custody was sentenced today to two years in federal prison.
Angela Hermine Walters, age 47, from Cedar Rapids, Iowa, received the prison term after a March 28, 2022 guilty plea to one count of escape from custody.
At the guilty plea, Walters admitted that, on October 19, 2021, she was in the custody of the Attorney General completing her federal sentence for failing to surrender to serve a prison sentence. On that day Walters, left her assigned residential reentry center in Cedar Rapids, and did not return as scheduled. Walters was found a few days later by Cedar Rapids Police officers. Walters has a prior conviction for escape from federal custody.
Walters was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Walters was sentenced to 24 months’ imprisonment. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Walters is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by United States Marshals Service, with the assistance of the Cedar Rapids Iowa Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-00020.
Follow us on Twitter @USAO_NDIA.
Man Who Repeatedly Raped a Child Sentenced to over 37 Years in PrisonRead the Press Release
A man who sexually assaulted a child by using threats and placing them in fear of physical assault was sentenced today to more than 37 years in federal prison.
Stephen Albert, age 50, from Tama, Iowa, received the prison term after a March 9, 2022 jury verdict finding him guilty of one count of sexual abuse by threat and force and one count of sexual abuse of a minor.
The evidence at trial showed that, beginning in the summer of 2012 and continuing through October 2016, Albert regularly sexually assaulted a child on the Meskwaki Settlement. The sexual assaults took place in various homes on the Settlement as well as at Albert’s place of employment.
Albert was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Albert was sentenced to 452 months’ imprisonment. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
During the sentencing, Judge Williams noted that Albert was “manipulative, controlling and domineering over his wife and children” and that through his actions Albert “reaped irreparable harm” to the victim.
Albert is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Lisa C. Williams and Emily K. Nydle and investigated by the Federal Bureau of Investigation, the Meskwaki Nation Police Department, the Tama City Police Department, and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-62.
Follow us on Twitter @USAO_NDIA.
Iowa Nurse Sentenced to Federal Prison for Stealing Pain Pill from Elderly Nursing Home ResidentRead the Press Release
An Iowa nurse who diverted narcotics from two Waterloo area nursing homes, including a pain pill from a 95-year-old who was suffering from chronic pain and dementia, was sentenced November 2, 2022, to a year in federal prison.
Matthew Daniel Bowlden, age 32, formerly of Waterloo and Centerville, Iowa, received the prison term after a May 18, 2022 guilty plea to one count of acquiring a controlled substance by misrepresentation, fraud, deception, and subterfuge. Evidence presented in a plea agreement and at Bowlden’s sentencing showed that Bowlden worked at two nursing homes in the Waterloo area in 2019. Bowlden diverted narcotics from both nursing homes. For example, on his first shift at one of the nursing homes, in March 2019, Bowlden was working in the nursing home’s “dementia unit” and removed an oxycodone pill that another nurse had placed within a plastic cup. The pain pill in the cup was intended for a 95-year-old resident of the nursing home’s dementia unit who suffered from chronic pain. Bowlden consumed the pill and threw the plastic cup away in the trash.
Bowlden has eight prior convictions extending back to 2013. Bowlden’s prior convictions include operating while intoxicated, interference with official acts, receiving stolen property specifically a firearm, tampering with a motor vehicle, possession of marijuana, and escape or attempted escape from custody. Bowlden previously served time in a Missouri prison before he was released and violated the terms of his parole by committing crimes in Iowa. Bowlden was investigated on three separate occasions by the Iowa Board of Nursing, which ultimately suspended Bowlden’s nursing license in 2019 with leave to reinstate it after one year. As a result of Bowlden’s federal conviction, Bowlden is required to forfeit his nursing license to the United States.
Bowlden was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Judge Williams observed at Bowlden’s sentencing hearing that Bowlden’s conduct with respect to the 95-year-old resident was “highly aggravating” and an “egregious violation” of the trust placed in him as a licensed nurse. Bowlden was sentenced to 12 months and one day in prison. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
In 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/
Bowlden was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set. The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the Iowa Medicaid Fraud Control Unit.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-2025.
Follow us on Twitter @USAO_NDIA.
Felon Sentenced to over Eight Years in Federal Prison After Shootout in Streets of Cedar RapidsRead the Press Release
A man who engaged in a gun battle in Cedar Rapids was sentenced on November 1, 2022, to more than eight years in federal prison.
Lamont Bailey, age 40, from Cedar Rapids, Iowa, received the prison term after an April 11, 2022 guilty plea to one count of being a felon in possession of a firearm.
Surveillance videos introduced at the sentencing hearing showed that, on December 11, 2021, Bailey drove his car to a business on Kirkwood Court SW in Cedar Rapids and parked. Before he exited his car, Bailey tucked a pistol into his waistband. Bailey then went into the business. As Bailey exited the business, he took his pistol out of his pants and re-entered his car. Three individuals were walking through the parking lot behind Bailey’s car, but there was no altercation at that time. Bailey drove his car onto Kirkwood Court SW, but then abruptly stopped his car and parked it on the side of the road. Moments after Bailey parked his car, one of the three individuals who had been walking through the parking lot began shooting toward Bailey’s car. Bailey then stood up from the driver’s side of his car and fired two shots in the direction of the three individuals. He then re‑entered his car and drove away. The other individual continued shooting at Bailey’s car. Officers located Bailey later that night and found a 9mm pistol that was later determined to match two shell casings from the scene of the shootout. Bailey had been previously convicted of three drug felonies in Chicago, Illinois.
Bailey was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Bailey was sentenced to 100 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Bailey is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Lisa Williams and Dan Chatham and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 22‑CR‑00019‑CJW‑MAR.
Follow us on Twitter @USAO_NDIA.
Canadian Man Sentenced for Importing PseudoephedrineRead the Press Release
A Canadian man who imported pseudoephedrine from Canada into the United States and Australia during 2011 and 2012 was sentenced today to 9 years in federal prison.
Joseph Damgajian, age 51, from Laval, Qubec, Canada, received the prison term after a May 25, 2022, guilty plea to one count of using the U.S. and Canadian Mail systems to distribute pseudoephedrine, one count of unlawfully importing pseudoephedrine into the United States, and one count of making false customs declarations to illegally import pseudoephedrine into the United States.
In a plea agreement, Damgajian admitted that during 2011 and 2012, he was selling pseudoephedrine using the Internet. A methamphetamine lab search in Iowa during July of 2011, identified Damgajian as a source for pseudoephedrine, a chemical used to manufacture methamphetamine. Damgajian sold over 4.2 kilograms (9.25 pounds) of pseudoephedrine through an online market. He hid in the pseudoephedrine in vitamin bottles that he resealed and produced false customs declarations in an effort to avoid the seizure of the substances by customs officials. Agents in the United States made undercover purchases of pseudoephedrine from Damgajian and coordinated with the Royal Canadian Mounted Police who seized additional packages of pseudoephedrine Damgajian was illegally sending from Canada to other countries including the United States and Australia.
Damgajian was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Damgajian was sentenced to 108 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Damgajian is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the U.S. Department of Homeland Security Investigations, U.S. Postal Inspection Service, Royal Canadian Mounted Police, Canadian Postal Inspectors, Canadian Border Services Agency, Australian Customs and Border Protection Service, and the U.S. Drug Enforcement Administration (DEA) Task Force consisting of: the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 12-CR-2035.
Follow us on Twitter @USAO_NDIA.
Pharmacist Sentenced for Prescription Drug TamperingRead the Press Release
A Dubuque pharmacist who stole hundreds of doses of controlled substances from pharmacies where he worked from 2017 through 2020 and tampered with medication dispensed to patients from a pharmacy where he worked in 2020 was sentenced today to 2 years in federal prison.
Anthony Pape, age 34, from Dubuque, Iowa, received the prison term after a February 22, 2022, guilty plea to two counts of acquiring controlled substances by deception and two counts of tampering with consumer products and placing others in danger of bodily injury.
In a plea agreement, Pape admitted that between January 1, 2018, and March 27, 2020, he stole over 2,500 doses of controlled substances from the inventory of two Dubuque area pharmacies where he worked. Also, in February and March 2020, he tampered with medications delivered in six prescriptions he filled for five different patients, including two children. Pape admitted he tampered with the medications by opening the capsules containing the medication and removing most or all of the medications. He then put the empty capsules back into the stock bottles so they would be dispensed to patients. Pape consumed the stolen medications.
Pape was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Pape was sentenced to 24 months’ imprisonment and fined $10,000. He was ordered to forfeit his pharmacy license, make $9,993 in restitution, and pay $400 in special assessments. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
“Patients deserve healthcare providers who have only the best interests of the patients in mind,” said U.S. Attorney Timothy T. Duax. “When a healthcare provider commits crimes to serve their personal interests at the expense of patients, we will ensure they are held accountable.”
“Patients rely on the knowledge that they will receive FDA-approved medications to manage their conditions,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations, Kansas City Field Office. “When health care professionals tamper with those needed medications, we will pursue and bring them to justice.”
Pape was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the Drug Enforcement Administration and the U.S. Food & Drug Administration Office of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-01032.
Follow us on Twitter @USAO_NDIA.
Waterloo Man Sentenced to Ten Years in Federal Prison for Assaulting Woman with a FirearmRead the Press Release
A Waterloo man, who is a felon and shot a firearm at a residence after assaulting a woman, was sentenced October 26, 2022, to ten years in federal prison.
Trivansky Tyrique Swington, age 29, from Waterloo, Iowa, received the prison sentence after a jury found him guilty of possession of a firearm by a felon on February 9, 2022.
Evidence at the trial and sentencing showed that in February 2021, Swington was at a party in Waterloo. Swington and three others left the party and got into a vehicle. Swington then assaulted one of the women in the vehicle. Swington scratched at the woman, pulled her hair out, and held a gun to her head. The woman and other people inside the vehicle were able to get out. Swington then punched another woman in the face. Swington took off down the street on foot. A few moments later, he turned around and fired at least two shots at the residence where the party was being held. A three-year-old child was inside sleeping at the time. Officers were able to locate Swington a few blocks away. They also used a police K-9 to locate the firearm, which Swington had tried to bury in the snow. Swington has ten prior convictions including convictions for assault, harassment, and conspiracy to commit robbery.
Swington was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Swington was sentenced to 120 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term and pay a $100 special assessment fee. There is no parole in the federal system.
The case was prosecuted by Assistant United State Attorneys Ashley Corkery and Devra Hake. This case was brought as part of Project Safe Neighborhoods (PSN) through a cooperative effort of the Waterloo Police Department, FBI Safe Streets Task Force, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-2033.
Follow us on Twitter @USAO_NDIA.
Convicted Felon Who Returned Fire After Being Shot at Sentenced to over Six Years in PrisonRead the Press Release
A convicted felon who unlawfully possessed a gun that he used to return fire at two others in broad daylight was sentenced today to more than six years in federal prison.
Timothy Postley, age 42, from Cedar Rapids, Iowa, received the prison term after a June 17, 2022 guilty plea to one count of unlawful possession of a firearm as a felon.
Evidence at multiple hearings in the case showed that, on June 6, 2021, three individuals exchanged gunfire at approximately 10:00 a.m. outside an apartment building in Cedar Rapids. Prior to the gunfire, Postley had fought physically with a second man. Following that fight, a relative of the second man opened fire at Postley with an automatic rifle and the second man fired at Postley with a handgun. Postley then temporarily fled, but returned with a handgun and shot back at the two.
Officers from the Cedar Rapids Police Department responded to the scene. Postley had his girlfriend retrieve a bag from the nearby apartment building. The girlfriend tried to walk away from the scene with the bag. Officers attempted to stop her, but she ran. Officers caught up to her and found that she had thrown the bag under a nearby car. Officers found a handgun and marijuana in the bag. The serial number on the handgun had been obliterated.
This conviction is Postley’s second federal criminal conviction. He was previously convicted of possession with intent to distribute crack cocaine in 2005. He spent over a decade in federal prison because of that conviction.
Postley was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Postley was sentenced to 78 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Postley is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-34.
Follow us on Twitter @USAO_NDIA.
Monmouth Man Sentenced to More than Three Years in Federal Prison for Possessing FirearmsRead the Press Release
A man who possessed firearms as a prohibited person was sentenced today to more than three years in federal prison.
John Lee Ralston, age 55, from Monmouth, Iowa, received the prison term after a May 18, 2022 guilty plea of possessing firearms as a prohibited person.
Evidence at the sentencing hearing showed that on January 15, 2021, law enforcement officers searched Ralston’s home and discovered two firearms in his bedroom and drug paraphernalia throughout his house. That same day, Ralston gave a urine sample that tested positive for controlled substances, including methamphetamine. Ralston has a prior federal felony offense for possessing firearms as an unlawful drug user. Ralston has four other felony convictions and one serious misdemeanor conviction for domestic abuse assault causing bodily injury.
Ralston was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Ralston was sentenced to 37 months’ imprisonment, and he must serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Ralston is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent
violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was prosecuted by Special Assistant United States Attorney Devra T. Hake and Assistant United States Attorney Emily Nydle and investigated by the Jones County Sheriff’s Office, Cedar County Sheriff’s Office, Jackson County Sheriff’s Office, and officers with the Jones County Emergency Response Team.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-76.
Follow us on Twitter @USAO_NDIA.
Man Who Distributed Methamphetamine Sentenced to More than Fifteen Years in Federal PrisonRead the Press Release
A man who distributed methamphetamine was sentenced today to more than fifteen years in federal prison.
Charles Edward Ford, age 54, from Cedar Rapids, Iowa, received the prison term after a May 4, 2022 guilty plea to distribution of a controlled substance.
Evidence at the sentencing hearing showed that on three occasions between March and April 2021, Ford distributed ice methamphetamine to a confidential informant. Between February and April 2021, Ford purchased an additional twelve pounds of ice methamphetamine and one pound of a mixture containing methamphetamine. Ford has prior felony offenses for possessing a controlled substance with intent to deliver, second offense, delivery of cocaine base, and assault on a peace officer.
Ford was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Ford was sentenced to 190 months’ imprisonment and must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Ford is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Devra T. Hake and Assistant United States Attorney Dillan Edwards and investigated by the Cedar Rapids Police Department and the Drug Enforcement Administration.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-18.
Follow us on Twitter @USAO_NDIA.
Woodbury County Man Sentenced to Twelve Years in Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced on October 21, 2022, in federal court in Sioux City.
On April 29, 2022, Luis Sanchez, 41, from Sioux City, Iowa, pled guilty to conspiracy to distribute methamphetamine and distribution of methamphetamine. In 2014, Sanchez was previously convicted in the United States District Court for the Northern District of Iowa for distribution of methamphetamine.
At the plea and sentencing hearings, evidence showed that from January 2021 through September 2021, Sanchez and others distributed more than 8 pounds of methamphetamine. Evidence further showed that on three occasions in 2021, Sanchez distributed more than 150 grams methamphetamine to individuals cooperating with law enforcement.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Sanchez was sentenced to 144 months’ imprisonment and must serve a term of eight years of supervised release following imprisonment. Sanchez remains in custody of the United States Marshal and will remain in custody pending transportation to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4082.
Follow us on Twitter @USAO_NDIA.
Wiretap Investigation Leads to Another Waterloo Man Involved in Mexico Based Drug Trafficking Organization Being Sent to Federal PrisonRead the Press Release
A Waterloo man involved in a Mexico‑based drug trafficking organization was sentenced on October 21, 2022, to more than 33 years in federal prison.
Andrew David Surprenant, age 33, from Waterloo, Iowa, received the prison term after a March 28, 2022 guilty plea to one count of conspiracy to distribute a controlled substance.
Information at sentencing showed that Surprenant was a member of a Mexico‑based drug trafficking organization that was distributing methamphetamine and fentanyl in the Waterloo, Iowa, area. On August 29, 2021, two days after he was released from state prison, Surprenant began communicating with a Mexico‑based source of supply regarding the distribution of methamphetamine. A wiretap of Surprenant’s telephone revealed that the Mexico‑based source of supply provided Surprenant with at least ten pounds of methamphetamine that was imported from Mexico. The Mexico‑based source of supply also directed Surprenant to recruit individuals to send wire transfers to members of the organization in Mexico. On January 12, 2022, law enforcement executed search warrants at Surprenant’s residence and storage unit, seizing over seven pounds of methamphetamine, seven firearms, and ammunition.
Five other individuals, Sandra Ann Deyerle, Jeremy Aswegan, Levi Dull, Ruben Vasquez, and Narciso Chinchillas Vasquez, previously pled guilty to their involvement with the Mexico‑based drug trafficking organization and have been sentenced. Sandra Ann Deyerle was sentenced to 210 months’ imprisonment. Jeremy Aswegan was sentenced to 262 months’ imprisonment. Levi Dull was sentenced to 270 months’ imprisonment. Ruben Vasquez was sentenced to 170 months’ imprisonment. Narciso Chinchillas Sanchez was sentenced to 158 months’ imprisonment.
In total, law enforcement has seized over 175 pounds of methamphetamine, 23 pounds of fentanyl, a pound of heroin, and eleven firearms during this investigation.
Surprenant was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Surprenant was sentenced to 396 months’ imprisonment, and he must also serve a five‑year term of supervised release after the prison term. There is no parole in the federal system. Surprenant is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dillan Edwards and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation; the Tri-County Drug Enforcement Task Force consisting of the Waterloo Police Department, Cedar Falls Police Department, Black Hawk County Sheriff’s Department, Evansdale Police Department, Waverly Police Department, Hudson Police Department, La Porte City Police Department, and the Bremer County Sheriff’s Department; the Iowa Division of Narcotics Enforcement; the Drug Enforcement Administration; the United States Postal Inspection Service; and Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-02003.
Follow us on Twitter @USAO_NDIA.
Sioux City Woman Pleads Guilty to Federal Meth ConspiracyRead the Press Release
A Sioux City woman who conspired with others to distribute methamphetamine pled guilty on October 21, 2022, in federal court.
Kimberly Hansen, 58, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine.
Evidence at the plea hearing showed that Hansen was involved in a conspiracy that distributed at least 15 kilograms of methamphetamine from June 2017 through August 2019. Via the mail, Hansen received multiple ounces to pounds of methamphetamine for a local conspiracy leader. Hansen also traveled to California at least six times to acquire pounds of methamphetamine which she brought back to Sioux City for redistribution.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Hansen was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Hansen faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the United States Postal Service, and the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4086.
Follow us on Twitter @USAO_NDIA.
Man Pleads Guilty to Distributing Methamphetamine that Caused Death of Iowa WomanRead the Press Release
A man who distributed methamphetamine to a woman, which resulted in her death, pled guilty today.
Eric A. Young, age 42, from St. Ansgar, Iowa, was convicted of distribution of methamphetamine.
At the plea hearing, Young admitted to a stipulated version of facts that he provided methamphetamine to a woman from Nashua, Iowa on the night of her death. Young admitted to selling the methamphetamine to the woman in exchange for $90 and was present when the woman became unresponsive. The woman was pronounced dead at the scene.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Young remains in custody of the United States Marshal pending sentencing. Young faces the following maximum penalties: (1) not more than 20 years’ imprisonment, without the possibility of parole; (2) a fine of not more than $1 million; (3) a mandatory special assessment of $100; and (4) a term of supervised release of at least 3 years and up to life. The parties have agreed to a sentence between 168-210 months. The Court is not bound by this agreement.
This case was investigated by the Iowa Division of Criminal Investigation and is being prosecuted by Assistant United States Attorney Jason Dorval Norwood.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-2024-CJW.
Follow us on Twitter @USAO_NDIA.
Waterloo Man who Threatened to Kill Victim Sentenced to Federal PrisonRead the Press Release
A convicted felon who threatened to pistol whip and kill a victim while displaying a firearm was sentenced today to more than four years in federal prison.
Durango Ken Castile, age 48, from Waterloo, Iowa, received the prison term after May 26, 2022 guilty plea to possession of a firearm by a felon.
Information from sentencing showed that Castile was released from prison on parole in August 2021. Thereafter, Castile was abusive towards the victim for several months, which culminated in Castile threatening to pistol whip and kill the victim while he was holding a firearm. At the plea hearing in this case, Castile admitted that he possessed a firearm on or about January 3, 2022, after previously being convicted of a felony offense.
Castile was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Castile was sentenced to 57 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Castile is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Kyndra Lundquist and Lisa Williams. It was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Waterloo Police Department, and the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-2007.
Follow us on Twitter @USAO_NDIA.
Felon Sentenced for Possessing Destructive DevicesRead the Press Release
A man who had gasoline-filled destructive devices, commonly called Molotov cocktails, in his home on May 19, 2021, was sentenced today to more than two years in federal prison.
Melchizedek Robin Hayes, age 39, from Cedar Rapids, Iowa, received the prison term after a June 10, 2022 guilty plea to one count of being a felon in possession of a firearm, specifically three destructive devices.
In a plea agreement, Hayes admitted he had previously been convicted of prior burglary and multiple domestic abuse crimes. On May 19, 2021, Hayes had three Molotov Cocktails in his home, when Cedar Rapids Police Department officers responded to a call for emergency service and found them.
Hayes was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hayes was sentenced to 26 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Hayes is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Patrick Reinert and Ashley Corkery. This case was investigated by the Cedar Rapids Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-00069.
Follow us on Twitter @USAO_NDIA.
Dubuque Teenager and Felon Sentenced to Federal PrisonRead the Press Release
A Dubuque teenager and felon that possessed firearms was sentenced October 20, 2022, to more than four years in federal prison.
Dairein Dawon Dean, age 19, from Dubuque, Iowa, received the prison term after a March 17, 2022 guilty plea to one count of possession of a firearm by a felon.
Information disclosed at sentencing showed that, prior to September 2021, Dean had been convicted of several felony offenses, including trafficking in stolen weapons, reckless use of firearm causing property damage, escape from custody, second‑degree burglary, and second‑degree criminal mischief. On September 4, 2021, law enforcement stopped Dean’s vehicle for having fraudulent license plates. During the traffic stop, Dean fled on foot, eluding officers. Officers searched Dean’s vehicle and recovered a loaded pistol. Then, on January 9, 2022, Dean fired several shots from his vehicle and struck an occupied residence at least five times.
Dean was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Dean was sentenced to 57 months’ imprisonment, and he must also serve a three‑year term of supervised release after the prison term. There is no parole in the federal system.
Dean is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dillan Edwards and investigated by the Bureau of Alcohol, Tobacco, Explosives, and Firearms, and the Dubuque Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22‑CR‑01004.
Follow us on Twitter @USAO_NDIA
Former Bank Vice President Sentenced to Federal Prison for Making False Statements to His BankRead the Press Release
A former bank vice resident and lending officer who submitted false documents to the bank for whom he worked was sentenced today to over a year in federal prison.
Bradley Schlotfeldt, age 59, from Cedar Falls, Iowa, received the prison term after a March 10, 2022 guilty plea to one count of making a false statement to a financial institution.
Information from the plea agreement and at sentencing showed that Schlotfeldt made a false statement to the victim bank regarding a “Young Farmer” loan. Schlotfeldt completed and submitted to the victim bank a loan application indicating a particular individual was operating a farm when he knew the individual was not and had never done so. As a result, the victim bank loaned money to the individual, who eventually transferred the money to a different individual who did not use the money to farm or to pay off debt he had to the victim bank. The victim bank eventually lost $575,218 on the “Young Farmer” loan.
After discovering Schlotfeldt had submitted a false document for the “Young Farmer” loan, the victim bank discovered thirteen other loans in which Schlotfeldt falsified documents or violated bank policy. He did so in a variety of ways, including making it appear someone had signed a document when they had not, altering numbers to avoid greater scrutiny, and bypassing his direct supervisor who was more likely to recognize false numbers. In total, victim bank wrote off $6,738,290.35 in loans associated with Schlotfeldt.
Schlotfeldt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Schlotfeldt was sentenced to 18 months’ imprisonment. He was ordered to make $3,000,000 in restitution to the victim bank. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Schlotfeldt was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-1010.
Follow us on Twitter @USAO_NDIA.
Spencer Woman Sentenced to Federal Prison for Buying Firearms for FelonsRead the Press Release
A Spencer, Iowa woman who purchased firearms for felons was sentenced September 27, 2022, to more than 1 year in federal prison.
Marissa Anderson, age 25, from Spencer, Iowa, received the prison term after a March 2, 2022, guilty plea to false statement during purchase of a firearm.
Evidence in the case revealed Anderson supplied 12 guns, to five different individuals, each of whom was prohibited from lawfully possessing firearms. These crimes were discovered during multiple criminal investigations within the Northern District of Iowa. On one occasion, Anderson transferred a semiautomatic gun to a felon, then drove him around Spencer, Iowa as he threatened another person while brandishing the gun.
Anderson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 18 months’ imprisonment. She must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
Anderson was released on the bond previously set and is to surrender to the United States Marshal on a date yet to be set
The case was investigated by Spencer Police Department, Clay County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-04070.
Follow us on Twitter @USAO_NDIA.
Oelwein Man Who Possessed Loaded Guns and Fled from Police Sentenced to 70 Months in Federal PrisonRead the Press Release
A man who possessed eight loaded guns and fled from the police was sentenced today to more than five years in federal prison.
Justin James Gallmeyer, age 39, from Oelwein, Iowa, received the prison term after an April 14, 2022 guilty plea to possessing firearms as a felon. He has a prior federal felony conviction for possessing a firearm as a drug user.
Evidence at the sentencing hearing showed that Gallmeyer possessed a total of eight guns over the course of approximately one year. In August 2020, he fled from the police with two loaded guns tucked into the waistband of his pants. In the summer of 2021, he traded a gun for methamphetamine. In November 2021, Gallmeyer hid in a toolbox at his home when law enforcement officers arrived at the home. Officers later found five guns at his house.
Gallmeyer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Gallmeyer was sentenced to 70 months’ imprisonment and must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Gallmeyer is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorneys Devra Hake and Adam Vander Stoep and investigated by the Fayette County Sheriff’s Office, Iowa State Patrol, and the Oelwein Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-2001.
Follow us on Twitter @USAO_NDIA.
United States Attorney Announces Election Day ProgramRead the Press Release
United States Attorney Timothy T. Duax announced today that Assistant United States Attorney (AUSA) Daniel Tvedt will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election. AUSA Tvedt has been appointed to serve as the District Election Officer (DEO) for the Northern District of Iowa, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
United States Attorney Duax said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Duax stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Tvedt will be on duty in the Cedar Rapids area while the polls are open. He can be reached by the public at 319-363-6333. AUSA Ron Timmons will be on duty in the Sioux City area and can be reached at 712-255-6011.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 402-493-8688.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.
United States Attorney Duax said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
Follow us on Twitter @USAO_NDIA.
Marion Man Pleads Guilty to Receiving Child PornographyRead the Press Release
A former volunteer Linn County reserve deputy sheriff pled guilty today in federal court to receiving child pornography.
Gordon Grabau, age 51, from Marion, Iowa, was convicted of one count of receiving child pornography.
In a plea agreement, Grabau admitted that, between December 2014 and June 2021, he knowingly received and attempted to receive visual depictions of minors engaged in sexually explicit conduct. Grabau further admitted that, on July 1, 2021, law enforcement officers searched his home in Marion. Officers seized numerous digital storage devices, such as hard drives and thumb drives, from the home. Those devices were examined, and officers discovered Grabau had over 160,000 files containing child pornography spread over five devices. Grabau admitted that those files included material involving children under the age of 12, including children as young as infants and toddlers. The material also included images portraying both sadistic and masochistic conduct.
Evidence at a prior hearing showed that Grabau had served as a volunteer reserve deputy sheriff in Linn County since 2000. The Linn County Sheriff’s Office suspended him and Grabau later resigned his position on July 17, 2021.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Grabau remains in custody of the United States Marshal pending sentencing. Grabau faces a mandatory minimum sentence of 5 years’ imprisonment and the following maximum penalties: (1) not more than 20 years’ imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of at least 5 years to life.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Federal Bureau of Investigation with the assistance of the Iowa Division of Criminal Investigation and the Marion Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-53.
Follow us on Twitter @USAO_NDIA.
Man Who Received Depictions of Child Sexual Abuse Sentenced to Federal PrisonRead the Press Release
A man who possessed depictions of child sexual abuse was sentenced today to six years in federal prison.
Mychal Olson, age 32, from Dubuque, Iowa, received the prison term after an April 22, 2022 guilty plea to receipt of child pornography.
At the guilty plea, Olson admitted that between May 2019 and December 2020 he knowingly received depictions of minors engaging in sexually explicit conduct on his cell phone.
Olson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Olson was sentenced to 72 months’ imprisonment and fined $100. He was ordered to make restitution. He must also serve a ten-year term of supervised release after the prison term and will be required to register on the sex offender registry. There is no parole in the federal system.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Olson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by Homeland Security Investigations, the Iowa Division of Criminal Investigation, the Waterloo Police Department with assistance from the South Australian Police.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-cr-2075.
Follow us on Twitter @USAO_NDIA.
Man Previously Convicted of Second-Degree Murder in State Court Sentenced to Federal Prison for Unlawful Gun PossessionRead the Press Release
A man who was previously convicted of second-degree murder in state court and who violently assaulted another inmate in the Linn County jail was sentenced today to five years in federal prison.
Johnny Blahnik Church, f/k/a Drew Blahnik, age 35, from Cedar Rapids, Iowa, received the prison term after a June 6, 2022 guilty plea to being a prohibited person in possession of a firearm and ammunition.
At the plea hearing, Church admitted that, in February 2019, he possessed a Glock .40 caliber handgun and multiple rounds of .40 caliber ammunition. Church also admitted that at the time he possessed this gun and ammunition, he was prohibited from doing so because he was a knowing user of both cocaine and methamphetamine.
In July 2021, Church, then known as Drew Blahnik, was convicted after a trial in the Iowa District Court for Linn County of second-degree murder, obstruction of justice, and abuse of a corpse related to the December 2018 death of Chris Bagley. In December 2021, Church was sentenced to 57 years in Iowa state prison as a result of these convictions.
Evidence at sentencing showed that, in May 2022, while confined in the Linn County Jail awaiting trial on his federal gun charge, Church, along with another inmate, assaulted a third inmate. The assault, which lasted for several minutes, included Church and the other inmate assaulting the victim by punching him, kicking him, and hitting him with a metal tray, causing multiple serious injuries. Church has been charged with assault causing serious injury and tampering with a witness in the Iowa District Court for Linn County. As with any criminal case, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty.
Church was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Church was sentenced to 60 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Linn County Sheriff’s Office, the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, and the Drug Enforcement Administration.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-30.
Follow us on Twitter @USAO_NDIA.
One Iowan and Two Mexicans Sentenced to Federal Prison for Agreeing to Distribute Meth and Fentanyl in WaterlooRead the Press Release
Three men who were involved in a Mexico‑based drug trafficking organization were sentenced today to significant time in federal prison.
Levi Dull, age 43, from Cedar Falls, Iowa, received the prison term after a February 28, 2022 guilty plea to one count of conspiracy to distribute a controlled substance. Ruben Vasquez, age 44, a citizen of Mexico, received the prison term after a May 2, 2022 guilty plea to one count of conspiracy to distribute a controlled substance. Narciso Chinchillas Sanchez, age 23, a citizen of Mexico, received the prison term after a March 1, 2022 guilty plea to one count of conspiracy to distribute a controlled substance.
Evidence at their respective sentencings showed that Dull, Vasquez, and Chinchillas Sanchez were members of a Mexico‑based drug trafficking organization that was distributing methamphetamine and fentanyl in the Waterloo, Iowa, area. Starting no later than January 2021 and continuing until August 2021, a Mexico‑based source of supply provided Dull with at least 42 pounds of methamphetamine that was imported from Mexico. In the spring or early summer of 2021, Dull owed money to the Mexico‑based organization, so his supplier enlisted Vasquez to give Dull a pound of meth, provided he could pay for it. Dull could then sell the meth and use the proceeds to repay his debt. Vasquez distributed at least 11 pounds of methamphetamine to Dull. At some point in the early summer of 2021, the Mexico‑based supplier directed Chinchillas Sanchez to travel to Waterloo and assist in distributing methamphetamine to Dull. Chinchillas Sanchez distributed at least 30 pounds of methamphetamine to Dull.
On August 14, 2021, Dull distributed a substance containing fentanyl that eventually resulted in two men overdosing, with one of the men dying as a result. On August 18, 2021, law enforcement officers searched Dull’s home in Cedar Falls, Iowa, and Dull’s storage unit in Waterloo. The officers recovered two guns, including one that was stolen, ammunition, almost 300 grams of methamphetamine, almost 2 grams of a substance containing heroin and fentanyl, and several other controlled substances.
On October 25, 2021, law enforcement officers searched Chinchillas Sanchez’s home in Waterloo. They recovered over 90 pounds of methamphetamine and almost 23 pounds of fentanyl, including approximately 34,380 pills containing fentanyl. Most of the methamphetamine seized from Chinchillas Sanchez’s house was hidden behind drywall in the basement.
Dull, Vasquez, and Chinchillas Sanchez were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Dull was sentenced to 270 months’ imprisonment, and he was ordered to serve a 5‑year term of supervised release after the prison term. Vasquez was sentenced to 170 months’ imprisonment, and he was ordered to serve a 5‑year term of supervised release after the prison term. Chinchillas Sanchez was sentenced to 158 months’ imprisonment, and he was ordered to serve at 5‑year term of supervised release after the prison term. There is no parole in the federal system.
“Methamphetamine and fentanyl ruin lives, and in some cases end them. People who distribute meth and fentanyl in our communities will always be a primary prosecutorial target of our office,” said United States Attorney Timothy Duax.
Dull, Vasquez, and Chinchillas Sanchez are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dillan Edwards and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation; the Tri-County Drug Enforcement Task Force consisting of the Waterloo Police Department, Cedar Falls Police Department, Black Hawk County Sheriff’s Department, Evansdale Police Department, Waverly Police Department, Hudson Police Department, La Porte City Police Department, and the Bremer County Sheriff’s Department; the Iowa Division of Narcotics Enforcement; the Drug Enforcement Administration; the United States Postal Inspection Service; and Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-02051.
Follow us on Twitter @USAO_NDIA.
Illegal Immigrant Sentenced to Ten Years in Federal Prison for Illegal Reentry and Violation of SupervisionRead the Press Release
A man who illegally re-entered the United States was sentenced on October 12, 2022, to 10 years’ imprisonment, in federal court in Sioux City.
Miguel Rodriguez-Chavez, 38, from Mexico, pled guilty on May 4, 2022, to illegal re-entry as an aggravated felon.
At the plea and sentencing hearings, evidence showed that on April 21, 2021, Rodriguez-Chavez was arrested for domestic abuse assault in O’Brien County, Iowa, using an alias. Shortly thereafter, ICE was able to determine his true identity, that he was a citizen of Mexico, and was previously removed from the United States on at least five occasions. On May 8, 2021, defendant was arrested for operating while intoxicated. After serving a term of imprisonment for the domestic abuse assault and OWI convictions, he was turned over to federal custody.
Defendant has a history of serious and violent crimes including attempted robbery, aggravated assault with a deadly weapon, domestic abuse assault, and committing offenses while in the prison system. Rodriguez-Chavez had been most recently removed in March 2020 and was under a three-year term of supervised release should he return to the United States. Due to the instant conviction and related criminal convictions, defendant was sentenced to two years imprisonment to be served consecutively with an eight-year sentence for the instant conviction.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Rodriguez-Chavez was sentenced to a total of 10 years’ imprisonment and must serve a three-year term of supervised release following imprisonment. There is no parole in the federal system. Rodriguez-Chavez remains in custody of the United States Marshal until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Homeland Security Investigations and the O’Brien County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4043.
Follow us on Twitter @USAO_NDIA.
Waterloo Gang Member Found with Loaded, Stolen Gun Sentenced to Federal PrisonRead the Press Release
A man who was found with a loaded stolen firearm during a traffic stop was sentenced October 12, 2022, to more than three years in federal prison.
Sir Frank Nelson III, age 27, from Waterloo, Iowa, received the prison term after a May 18, 2022 guilty plea to being a felon in possession of a firearm.
In a plea agreement, Nelson admitted that on June 28, 2020, he was in possession of marijuana and a stolen Smith and Wesson M&P .40 caliber firearm with five rounds in the magazine and one in the chamber. At sentencing, the court found that Nelson was a member of the A1/Front Street criminal street gang in Waterloo. The court also stated that Nelson had no business touching a firearm as he was prohibited.
Nelson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Nelson was sentenced to 37 months’ imprisonment and fined $100. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Nelson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and was investigated by a Federal Task Force composed of the Waterloo Police Department’s Violent Crime Apprehension Team (VCAT), Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-cr-2024.
Follow us on Twitter @USAO_NDIA.
Iowa Man Pleads Guilty to Methamphetamine ChargesRead the Press Release
A man who conspired to distribute methamphetamine and distributed methamphetamine pled guilty October 12, 2022, in federal court in Sioux City.
Jose Duenas-Topete, 29, from Hawarden, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of distributing methamphetamine.
At the plea hearing, Duenas-Topete admitted that from January 2020 and April 2, 2022, he and others in the conspiracy distributed at least 4.5 kilograms of pure methamphetamine in the Sioux City, Iowa area. On April 2, 2022, law enforcement conducted a controlled drug buy operation from defendant and his co-conspirators. Duenas-Topete distributed over 3 kilograms of pure methamphetamine in exchange for $5,000. Law enforcement conducted a traffic stop of the vehicle Duenas-Topete was a passenger and seized approximately one pound of methamphetamine near where defendant was sitting. Duenas-Topete further admitted that he received four shipments, each containing 5-6 pounds of methamphetamine from sources in Mexico to distribute to persons in the Sioux City and Plymouth County, Iowa areas.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Duenas-Topete remains in custody of the United States Marshal pending sentencing. On each conviction, Duenas-Topete faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4026.
Follow us on Twitter @USAO_NDIA.
Waterloo Man Who Fled from Police with Stolen Gun and Later Shot at a House Sentenced to 103 Months in Federal PrisonRead the Press Release
A man who fled from police while in possession of a stolen and loaded gun and then, three weeks later, shot a different gun at the house of someone with whom he was angry, was sentenced today to more than eight years in federal prison.
Ivan Luckett Clay Jr., age 22, from Waterloo, Iowa, received the prison term after a May 2, 2022 guilty plea to carrying a firearm during and in relation to a drug-trafficking crime and being a felon in possession of a firearm. Clay has a prior felony conviction for possessing marijuana with the intent to deliver it.
Evidence at the sentencing hearing demonstrated that, in April 2021, Clay possessed a stolen and loaded firearm, along with marijuana, in Waterloo. He was driving a car through Waterloo, with the firearm and a pound of marijuana, when law enforcement stopped his car. Clay fled from the police, crashed the car into a tree, and then continued to flee on foot until he was detained by officers. Three weeks later, using a different gun, Clay shot five times at a home of someone with whom he was angry, to scare them. Officers then searched Clay’s home and found the gun, over a pound of marijuana, and more than $4,000 in cash.
Clay was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Clay was sentenced to 103 months’ imprisonment and must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Clay is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Devra Hake and Assistant United States Attorneys Lisa Williams and Kyndra Lundquist. It was investigated by a Federal Task Force composed of the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-2061.
Follow us on Twitter @USAO_NDIA.
Two More Sentenced to Federal Prison in Cedar Rapids Heroin and Fentanyl Wiretap CaseRead the Press Release
Two men who distributed large quantities of heroin laced with fentanyl and fentanyl analogues were sentenced this week to a total of more than six years in federal prison.
Jerry Dwyane Banghart, age 31, from Cedar Rapids, Iowa, received his prison term after an April 8, 2022 guilty plea to one count of conspiracy to distribute a controlled substance. Thomas Nathaniel May, age 27, from Seattle, Washington, received his prison term after a June 2, 2022 guilty plea to one count of conspiracy to distribute a controlled substance.
Evidence at a prior hearing showed that, during an early 2021 wiretap investigation involving a large-scale heroin distributor in Cedar Rapids named Brian Dennis, May was identified as one of the top callers to Dennis’s phone, and Banghart was also identified as a regular caller to the phone. May was typically purchasing at least 3.5 grams of heroin and upwards of 10.5 grams of heroin per day from Dennis and his associates, totaling well over 100 grams in a six-week period. In April 2021, May was arrested after meeting with Dennis and found in possession of 7.39 grams of a substance containing heroin, fentanyl, and synthetic opioids acetyl fentanyl, parafluorofentanyl and metonitazene. Information presented at sentencing showed that Banghart obtained over 50 grams of heroin from Dennis, including obtaining nearly 10.5 grams of a mixture containing heroin, fentanyl, and synthetic opioids acetyl fentanyl, parafluorofentanyl and metonitazene at one time, which Banghart then distributed to another member of the conspiracy.
Four other individuals, Cody Scott Deklotz, Andrew James Lehman, Ryan Rick Schlitter, and Melinda Salvatora Werning, previously pled guilty to the heroin conspiracy and have been sentenced. Ryan Rick Schlitter was sentenced to 46 months’ imprisonment. Andrew James Lehman was sentenced to 10 months and 16 days’ imprisonment. Cody Scott Deklotz was sentenced to 84 months’ imprisonment. Melinda Salvatora Werning was sentenced to 12 months’ and one day imprisonment. Four other individuals charged in the same indictment, including Dennis, have pled guilty and are awaiting sentencing.
Banghart and May were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Banghart was sentenced to 46 months’ imprisonment and May was sentenced to 31 months’ imprisonment. Each man must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Banghart and May are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Dan Chatham
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21‑CR‑32‑CJW.
Follow us on Twitter @USAO_NDIA.
Delaware County Man Sentenced to Thirty Months in Federal Prison for Being a Prohibited Person in Possession of a FirearmRead the Press Release
A prohibited person who possessed a firearm was sentenced today to 30 months in federal prison.
Matthew Welcher, age 44, of Dundee, received the sentence after an April 19, 2022 guilty plea to one count of being a prohibited person in possession of a firearm. At the plea hearing, Welcher admitted that, on May 24, 2021, he possessed a Savage Axis 6.5 Creedmoor caliber rifle after having been convicted of two felonies and a misdemeanor crime of domestic violence and while he was subject to a no contact order.
Welcher was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Welcher was sentenced to 30 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Delaware County Sheriff’s Office, the Manchester Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 22-2011.
Follow us on Twitter @USAO_NDIA.
Waterloo Man Sentenced for Possessing a Firearm as a FelonRead the Press Release
A man who possessed a firearm as a felon was sentenced today to almost five years in federal prison.
Dorondis Cooper, age 36, from Waterloo, Iowa, received the prison term after an April 11, 2022, guilty plea to one count of possession of a firearm by a felon.
At the guilty plea, Cooper admitted that, on December 22, 2021, he knowingly possessed a firearm, a HiPoint Model C9, 9mm handgun, as a prohibited person. On December 21, police officers responded to a residence in Waterloo regarding a report of a man with a gun. Cooper had discharged a firearm in the upstairs of the house while intoxicated. After hearing the gunshot, a resident of the house hid four minor children in a bathroom. Cooper then argued with the resident, who was standing between Cooper and the bathroom, while Cooper waved the gun around. Cooper drove off and was arrested when he returned to the house. Waterloo Police officers found the loaded handgun on the front passenger seat of Cooper’s car. Cooper was prohibited from possessing a firearm because he was previously convicted on May 23, 2005, of Ongoing Criminal Conduct and Intimidation with a Dangerous Weapon, both felonies. In that case, Cooper and others shot into an occupied house in Waterloo, killing a woman within.
Cooper was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Cooper was sentenced to 57 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Cooper is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Lisa C. Williams and Daniel C. Tvedt and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-2009.
Follow us on Twitter @USAO_NDIA.
Sioux City Man Sentenced to over Ten Years in Federal Prison for Possessing Child PornographyRead the Press Release
A Sioux City man who possessed child pornography was sentenced October 5, 2022, to 13 years in federal prison. Mario Josue Reyes, age 22, received the prison term after a May 4, 2022, guilty plea to two counts of possession of child pornography.
In a plea agreement, Reyes admitted to possessing child pornography. Reyes admitted to using a phone to video himself engaged in sexual conduct with a minor child who was 12 and 13 at the time of the incidents. Reyes also admitted to giving the minor marijuana and LSD.
Reyes was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Reyes was sentenced to 156 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Reyes is being held in the United States Marshal’s custody until he be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Ron Timmons and investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4011.
Follow us on Twitter @USAO_NDIA.
Fort Dodge Woman Pleads Guilty to Meth ChargesRead the Press Release
A woman who conspired to distribute methamphetamine pled guilty October 3, 2022, in federal court in Sioux City.
Heather Gibson, 42, from Fort Dodge, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of distribution of methamphetamine within a protected location.
At the plea hearing, Gibson admitted that from December 2019 and December 2021, she and others were involved in a conspiracy that distributed methamphetamine in the Fort Dodge area. Evidence showed that on three separate occasions, Gibson distributed a total of 47.24 grams of pure methamphetamine to individuals cooperating with law enforcement. Two of the controlled buys from Gibson occurred within 1000 feet of a protected location, namely Iowa Central Community College Transportation Technology Center in Fort Dodge, IA and Joe Heatherington Otho Fun Park, Otho, IA. Also, on December 1, 2021, law enforcement conducted a traffic stop of a vehicle operated by Gibson and seized 3.5 grams of methamphetamine from her person.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Gibson was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Gibson faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of 80 years’ imprisonment, a $30,000,000 fine, and 8 years to life of supervised release following imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, Webster County Sheriff’s Office, Fort Dodge Police Department, and the Iowa DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-3038.
Follow us on Twitter @USAO_NDIA.
Cherokee Man Pleads Guilty to Meth PossessionRead the Press Release
A man who possessed with intent to distribute methamphetamine pled guilty on October 3, 2022, in federal court in Sioux City.
Jeffery Linn, 54, from Cherokee, Iowa, was convicted of possession of methamphetamine with the intent to distribute.
At the plea hearing, Linn admitted that on December 6, 2021, law enforcement conducted a traffic stop of the vehicle he was operating. During a search of the vehicle, law enforcement seized approximately 10 ounces of methamphetamine which Linn intended to help distribute to others. Evidence also showed that during the traffic stop, Linn attempted to swallow the meth to avoid arrest.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Linn remains in custody of the United States Marshal pending sentencing. Linn faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Iowa Division of Narcotics Enforcement, United States Postal Inspectors, Homeland Security Investigations, Iowa DCI Laboratory, and Cherokee Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4002.
Follow us on Twitter @USAO_NDIA.
Spencer Man Sentenced to More Than 19 years in Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced on September 30, 2022, in federal court in Sioux City.
On February 18, 2022, Armando Silva Reyes, 55, from Spencer, Iowa, pled guilty to one count of conspiracy to distribute methamphetamine and two counts of possession with intent to distribute methamphetamine.
At the plea and sentencing hearings, evidence showed that between January 2020 and February 2021, Silva Reyes and others were involved in a conspiracy to distribute pounds of methamphetamine in Northern Iowa. On at least two separate occasions, Silva Reyes distributed more than a quarter pound of pure methamphetamine to individuals cooperating with law enforcement. On February 3, 2021, defendant and others received approximately 3 pounds of methamphetamine utilizing the United States Postal Service at the Spencer post office.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Silva Reyes was sentenced to 235 months’ imprisonment and must serve a five-year term of supervised release following imprisonment. There is no parole in the federal system. Silva Reyes remains in custody of the United States Marshal until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Iowa Great Lakes Drug Task Force, United States Postal Inspection Service, Iowa Division of Narcotics Enforcement, Clay County Sheriff’s Office, Buena Vista County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Iowa DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4040. Follow us on Twitter @USAO_NDIA.
Northern District of Iowa Takes Part in Department’s Wide-Ranging Efforts to Protect Older AdultsRead the Press Release
The Justice Department announced the results of its efforts over the past year to protect older adults from fraud and exploitation. During the past year, the Department and its law enforcement partners tackled maters that ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts were also made over the last year to return money to fraud victims. Today, the Department also announced it is expanding its Transnational Elder Fraud Strike Force to amplify efforts to combat scams originating overseas.
“We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland. “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”
“Those who target the elderly, stealing their money, their medication, and often their sense of safety, represent the most cowardly of criminals,” said United States Attorney Timothy T. Duax. “My office is dedicated to prosecuting such criminals, preventing them from harming others, and returning as much of the stolen money to the victims as possible.”
During the period from September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged.
This past year, the Northern District of Iowa has prosecuted the following individuals who have plead guilty to crimes targeting elderly victims:
- In United States v. Carrie Martin, Martin pled guilty to stealing the identity of an individual who was the power of attorney for Martin’s relatives. Using the stolen identity, Martin stole over $250,000 from her relatives. Martin is currently pending sentencing.
- In United States v. Kelsey Baxter, Baxter pled guilty to stealing pain pills from her victims in a nursing home. Baxter was a nurse working in the nursing home and took pills that were intended for residents at the nursing home. Baxter is pending sentencing.
The Department also highlighted three other efforts: expansion of the Transnational Elder Fraud Task Force, success in returning money to victims and efforts to combat grandparent scams.
The Department announced that as part of its continuing efforts to protect older adults and bring perpetrators of fraud schemes to justice it is expanding the Transnational Elder Fraud Strike Force, adding 14 new U.S. Attorney’s Offices. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat largest and most harmful fraud schemes that target or disproportionately impact older adults.
In the past year, the Department has notified over 550,000 people that they may be eligible for remission payments. Notifications were made to consumers whose information was sold by one of three data companies prosecuted by the Department and were later victims of “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services in return for a fee. More than 150,000 of those victims cashed checks totaling $52 million, and thousands more are eligible to receive checks. Also notified were consumers who paid fraudsters perpetrating person-in-need scams and job scams via Western Union. In the past year, the Department has identified and contacted over 300,000 consumers who may be eligible for remission. Since March of 2020 more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud. Over the past year, the Department pursued cases against the perpetrators of “grandparent scams,” otherwise known as “person-in-need scams.” These scams typically begin when a fraudster, often based overseas, contacts an older adult and poses as either a grandchild, other family member or someone calling on behalf of a family member. Call recipients are told that their family member is in jeopardy and is urgently in need of money. When recently sentencing one of eight perpetrators of a grandparent scam indicted under the Racketeer Influenced and Corrupt Organizations Act, a federal judge described such scams “heartbreakingly evil.” The Department is working with government partners and others to raise awareness about these schemes.
Reporting from consumers about fraud and fraud attempts is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833- FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. English, Spanish and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov. Some of the cases that comprise today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dubuque Man Sentenced for Possessing a Firearm as a FelonRead the Press Release
A man who possessed a firearm as a felon was sentenced today to almost two years in federal prison.
Tremaine Laron Moore, Jr., age 22, from Dubuque, Iowa, received the prison term after an April 1, 2022, guilty plea to one count of possession of a firearm by a felon.
At the guilty plea, Moore admitted that, on December 4, 2021, he knowingly possessed a firearm, a Glock 43 9mm handgun, as a prohibited person. Dubuque Police officers found the loaded firearm tucked between the passenger seat and center console of the car Moore was driving following a traffic stop. Moore was prohibited from possessing a firearm because he was previously convicted on July 23, 2018, of Criminal Gang Participation, Conspiracy to Commit a Nonforcible Felony, and Burglary in the Third Degree, all felonies. He was also prohibited from possessing a firearm because he was (1) an unlawful user of marijuana, and (2) subject to a court order restraining him from harassing, stalking, or threatening an intimate partner.
Moore was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Moore was sentenced to 21 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Moore is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-1007.
Follow us on Twitter @USAO_NDIA.
Sioux City Man Sentenced to 7 Years in Federal Prison for Illegally Possessing a FirearmRead the Press Release
A man who possessed a firearm as a felon was sentenced today, to 7 years in federal prison.
Lasharbe Hardy, age 26, from Sioux City, Iowa, received the prison term after an April 29, 2022, guilty plea to one count of possession of a firearm by a felon.
Evidence in the case showed during a July 2021, traffic stop Hardy illegally possessed a loaded handgun, 22.5 grams of marijuana in several packages, a digital scale, and unused baggies. Hardy attempted to flee from the traffic stop and attempted to strike an Iowa State Trooper.
Hardy has a history of violence. He was previously convicted of felony willful injury for shooting two men, among other crimes.
Hardy was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 84 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term and pay a mandatory $100 special assessment. There is no parole in the federal system.
Hardy is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Sioux City, Iowa Police Department, the Woodbury County Sheriff’s Office, and the Iowa State Patrol. The case was prosecuted by Assistant United States Attorney Forde Fairchild
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-4072.
Follow us on Twitter @USAO_NDIA.
Sioux City Man Back to Federal Prison for Second Time for Violations of Supervised Release ConditionsRead the Press Release
A man who violated the terms of his supervised release after imprisonment, was sentenced September 28, 2022, to more than 2 years in federal prison.
William Sun, 59, from Sioux City, Iowa, received the prison term after a hearing was held regarding his violations.
Evidence at the revocation hearing showed Sun had failed to report to U.S. Probation within 72 hours, traveled outside the jurisdiction without prior approval, failed to comply with substance abuse treatment, and failed to follow U.S. Probation instructions. Sun was previously sentenced to federal prison in 2013, to 120 months’ imprisonment for conspiracy to distribute methamphetamine, distribution of methamphetamine within 1000 feet of a protected location, and distribution of methamphetamine. Sun also had his first term of supervised release revoked in July of 2021, for similar violations, was sentenced to 11 months in federal prison and was only released shortly before his most recent violations and revocation.
Sun was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Sun was sentenced to 27 months’ imprisonment. There is no parole in the federal system. Sun is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the U.S. Probation Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 12-4061. Follow us on Twitter @USAO_NDIA.