Northern District of Iowa
Press releases recorded for this federal judicial district.
Onawa Man Sentenced to 8 Years in Federal Prison for Meth and Firearm ConvictionsRead the Press Release
A man involved with the distribution and manufacture of methamphetamine who was also in illegal possession of a shotgun was sentenced September 29, 2022, in federal court in Sioux City, to 8 years’ imprisonment.
Dustin Haynes, 38, from Onawa, Iowa, pled guilty on March 24, 2022, to possession with intent to distribute methamphetamine, manufacture and attempted manufacture of methamphetamine, and illegal possession of a firearm.
At the plea and sentencing hearings, evidence showed that Haynes was previously convicted of the following crimes punishable by imprisonment for a term exceeding one year: Burglary, Third Degree; Assault while Participating in a Felony; and Possession of a Controlled Substance – 3rd Offense. Evidence further showed that on September 1, 2021, law enforcement attempted a traffic stop of the vehicle Haynes was operating. Haynes attempted to flee from law enforcement agents by vehicle, then on foot, and during the pursuit, threw away three baggies of meth. Officers seized components of a methamphetamine lab from Haynes’ vehicle and a shotgun from the trunk of the vehicle. Law enforcement also seized two boxes of pseudoephedrine (used to make methamphetamine) and receipts showing the purchase of other pills within the last 30 days. Haynes admitted he intended to manufacture and distribute methamphetamine.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Haynes was sentenced to 96 months’ imprisonment and must serve a four-year term of supervised release following imprisonment. There is no parole in the federal system. Haynes remains in the custody of the United States Marshal until he can be transported to a federal prison.
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.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, Iowa DCI Laboratory, Monona County Sheriff’s Department, and Iowa State Patrol.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4090.
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Former Iowa State Patrol Trooper Pleads Guilty to Civil Rights ViolationRead the Press Release
CEDAR RAPIDS, IA – A former Iowa State Patrol trooper, Robert James Smith, age 58, pleaded guilty on Monday, September 26, 2022, to Deprivation of Rights Under Color of Law.
According to court documents, on September 25, 2017, while Smith was on patrol, he observed an individual traveling on Interstate 80 at a speed above the posted speed limit. Smith attempted to catch up to the motorcycle. The motorcyclist exited Interstate 80 in Cedar County, Iowa, stopped the motorcycle and dismounted. In his marked squad car, Smith exited behind the motorcycle, engaged the overhead lights and siren on his patrol vehicle, parked near and quickly approached the victim. As the victim was standing next to the motorcycle with hands in the air, Smith delivered an open palm strike to the victim’s chin area. The force of the strike caused the victim to fall back over the motorcycle, after which Smith knelt on and handcuffed the victim, then stood the victim up. In his plea agreement, Smith admitted that this intentional open hand palm strike was with a bad purpose or improper motive to disregard the law and was an unreasonable use of force.
In July 2022, this matter preceded to jury trial, but the jury was unable to reach a verdict.
Sentencing in this matter has not been scheduled. A federal district court judge will determine any sentence after considering the United States Sentencing Guidelines and other statutory factors.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Federal Bureau of Investigation is investigating this case.
Arizona Man Sentenced to Five Years’ Imprisonment for Transporting over 5 Kilograms of Cocaine in IowaRead the Press Release
Scott Pride, 69, from Tucson, AZ, was sentenced on September 27, 2022, to 5 years’ imprisonment, in federal court in Sioux City.
On May 5, 2022, Pride pled guilty to possession with intent to distribute cocaine. Evidence at the plea and sentencing hearings showed that on January 16, 2022, law enforcement conducted a traffic stop of Pride for speeding in his 2011 Silver Lexus IS. After suspecting possible drug trafficking, a police K-9 was deployed and alerted to the odor of a controlled substance within the vehicle. Officers conducted a search of the vehicle and located five heat-sealed, brick-type packages containing over 5 kilograms of cocaine concealed within the rear seat of the vehicle.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Pride was sentenced to 5 years’ imprisonment and must serve a 4-year term of supervised release following imprisonment. There is no parole in the federal system. Pride 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 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 22-4006. Follow us on Twitter @USAO_NDIA.
Two Iowa Companies Sentenced in Wire Fraud Scheme Involving Ethanol PlantRead the Press Release
Two Iowa companies were sentenced in federal court on September 21, 2022. Energae, LP, and I-Lenders, LLC, received the sentences after they each pled guilty to one count of wire fraud on December 1, 2020.
The companies’ admissions at the plea hearing, as well as evidence presented in other court proceedings, established that Darrell Smith was a broker and adviser for several investment firms. He was also a responsible corporate officer of both companies. From 2010 to 2015, Smith perpetuated a fraud scheme in which he made withdrawals of over $2.4 million in funds from ten of his investment clients’ accounts without those clients’ knowledge or authorization. In some instances the clients discovered the fraud, but in other instances they did not learn of the theft because Smith would periodically send the clients checks from an account held in the name of the companies and on which Smith falsely represented was principal or interest on an investment. Smith used the stolen funds to pay expenses related to the operation of Permeate Refining, LLC, which operated a now-defunct ethanol plant in Hopkinton, Iowa. In order to transfer funds from client accounts, Smith used authorizations purportedly signed by the client authorizing the withdrawal of funds from the investment account. He either forged his clients’ signatures on the authorizations or used pre-signed, blank authorization forms without the clients’ approval.
The companies were sentenced by United States District Court Chief Judge Leonard T. Strand. Each company was sentenced to one year of probation and ordered to make $1,056,909.68 in restitution to ten victims. The Court also imposed a $2,405,409.68 forfeiture money judgment upon each corporation. The corporations surrendered over 57 million shares of stock in another company and abandoned certain tax credits the companies claimed to possess.
The sentencing of the companies follows the sentencing of Darrell Smith and his brother, David Smith, in recent years. In 2018, Darrell Smith, of Forest City, Iowa, was sentenced to more than 14 years in federal prison upon his conviction of one count of wire fraud and one count of aggravated identity theft. In 2019, David Smith, of Pocatello, Idaho, was sentenced to two months in federal prison after pleading guilty to one count of conspiracy to obstruct, influence, and impede an official proceeding.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Federal Bureau of Investigation, the United States Postal Service Inspection Service, Internal Revenue Service-Criminal Investigation, and the United States Department of Agriculture, Office of Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2007.
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Sioux City Man Who Photographed His Sexual Abuse of a Minor Pleads Guilty in Federal CourtRead the Press Release
A Sioux City man who took photographs while sexually abusing a minor pled guilty on September 22, 2022, in federal court in Sioux City. Kenneth Miller, age 29, from Sioux City, Iowa was convicted of sexual exploitation of a minor.
In a plea agreement, Miller admitted that he sexually abused a seven-year-old child in their bedroom. A search of Miller’s email address revealed 6 photographs of the minor child, taken by the defendant, while he was sexually abusing the child. The defendant had previously been convicted of criminal attempt-visual depiction of sexually explicit conduct in Nebraska.
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.”
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 pending sentencing. Miller faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of 50 years’ imprisonment, a $250,000 fine, and 5 years up to life of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Federal Bureau of Investigations and the Sioux City Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4052.
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Pierson Man Sentenced to over 11 Years in Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced on September 23, 2022, in federal court in Sioux City.
Zackary Smith 35, from Pierson, Iowa, pled guilty on April 8, 2022, to conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.
At the plea and sentencing hearings, the evidence showed that from August 2018 through April 18, 2019, Smith and others conspired to distribute more than 11 pounds of methamphetamine in the Cherokee County area. In April 2019, law enforcement executed a search of a rural Cherokee County residence and seized about 1.5 pounds of pure methamphetamine at locations throughout the property. Also, at the time of the search, Smith was found flushing about 10 ounces of methamphetamine down a toilet before officers could seize it. Smith further admitted to traveling with other co-conspirators to Omaha, Nebraska to obtain pounds of methamphetamine to distribute in Northwest Iowa.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Smith was sentenced to 140 months’ imprisonment and must serve a five-year of supervised release following imprisonment. There is no parole in the federal system. Smith remains in the custody of the United States Marshal Service until he can be transported 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 as well as the Cherokee County Sheriff’s Department and the Iowa State Patrol.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4048.
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Bronson Man Sentenced to more than 10 years in Federal Prison for KidnappingRead the Press Release
A man who kidnapped his ex-girlfriend was sentenced today, to more than 10 years in federal prison.
Zachary Smith, 21, from Bronson, Iowa, received the prison term after a March 25, 2022, guilty plea to kidnapping.
Evidence in this case revealed that, before the instant offense, on May 11, 2021, Smith sent emails to his ex-girlfriend pretending to be his own father, advising her that Smith had committed suicide on May 8, 2021, and telling her to come to his former residence to claim some of her property. The ex-girlfriend and another girl went to the residence, where Smith – armed with a BB gun -- was waiting for them. He locked and chained the door shut and would not let either woman leave. Law enforcement rescued the women, and a no contact order was issued against Smith.
On June 3, 2021, Smith violated the order of protection, when he hid in the back seat of his ex-girlfriend’s car at about 5:00 a.m., and waited for her to come out of her South Sioux City home. When she did, she was joined by a juvenile female. Smith lay hidden in the car as the two women drove to a near-by school. When the juvenile female left the car to join her athletic practice, Smith sprang on his ex-girlfriend. He threatened her with a B.B. gun, drugged her with homemade chloroform, and kidnapped her, bringing her ultimately to a home in rural Bronson, Iowa. Additionally, Smith told his victim that he had friends watching her family, and they would hurt her family if she resisted. Ultimately, the victim escaped and fled. She flagged down a passing motorist who happened to be her aunt, who was in the area searching for her.
Smith was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Smith was sentenced to 121 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. Smith 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 South Sioux City, Nebraska Police Department, the Sioux City, Iowa Police Department, the Woodbury County Sheriff’s Office, the Federal Bureau of Investigation, and Homeland Security Investigations. 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 21-4068.
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Sleep and Respiratory Equipment Manufacturer to Pay $1.2 Million to Resolve Allegations of Unlawful KickbacksRead the Press Release
Philips RS North America LLC, formerly known as Respironics, Inc. (“Respironics”), a nationwide manufacturer of sleep and respiratory durable medical equipment (“DME”), has agreed to pay $1,283,825.40 to settle allegations that it unlawfully induced referrals for its equipment in violation of the False Claims Act and Anti-Kickback Statute.
The government specifically alleged that, between December 2015 and December 2016, Respironics helped a DME supplier procure a twelve-month, interest-free loan that was fully guaranteed by Respironics. Under the arrangement, Respironics bore the full financial risk of non-collection on the loan in the event the DME supplier defaulted on the loan. The United States contended this arrangement violated the Anti-Kickback Statute and, in turn, the False Claims Act.
“Illegal kickbacks in our federal healthcare system create an unfair marketplace and the potential for medical decisions to be made based on financial incentive rather than what’s best for the patient,” said U.S. Attorney Timothy Duax. “Our office is committed to the full and fair enforcement of the Anti-Kickback Statute and False Claims Act.”
In addition to the civil settlement, Respironics entered into a five-year Corporate Integrity Agreement (CIA) with HHS-OIG. The CIA requires Respironics to implement and maintain a robust compliance program that includes, among other things, review of arrangements with referral sources and monitoring of Respironics’ sales force. The CIA also requires Respironics to retain an independent monitor, selected by the OIG, to assess the effectiveness of Respironics’ compliance systems.
This civil matter arose from an action brought under the whistleblower provisions of the False Claims Act. Pursuant to that Act and the settlement agreement, the whistleblower will share in the United States’ financial recovery.
The claims asserted against Respironics are allegations only; there was no determination or admission of liability.
The case was handled by Assistant United States Attorneys Jacob A. Schunk and Matthew K. Gillespie.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cv-12-LTS-KEM.
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Sioux City Man Sentenced to Federal Prison for Illegal Possession of a FirearmRead the Press Release
A man who illegally possessed a firearm was sentenced today to more than 3 years in federal prison.
David Thompson, 46, from Sioux City, Iowa, received the prison term after an April 21, 2022, guilty plea to being a prohibited person in possession of a firearm. Thompson was previously convicted of the following felonies: (1) furnishing a controlled substance to an Inmate on March 19, 2010; (2) forgery on March 19, 2010; and (3) domestic abuse assault on January 19, 2020, all in the Woodbury County, Iowa District Court. Each of these convictions prohibit Thompson from lawfully possessing a gun. Additionally, Thompson had been convicted of a domestic abuse misdemeanor, and admitted to being an illegal user of drugs. Both of these facts also prohibited Thompson from lawfully possessing a gun.
Evidence in this case showed that on December 31, 2021, Thompson was drinking alcohol, smoking marijuana, and was upset. During an argument, Thompson went outside to the front yard of the residence and fired a pistol into the sky 11 times while in a crowded urban area. Family members, including five juveniles were present inside the residence. Thompson admitted the firearm was his, that he was a felon, and that he was using controlled substances, mainly marijuana.
Thompson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Thompson was sentenced to 42 months’ imprisonment and must pay a special assessment of $100. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Thompson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
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.
The case was investigated by the Sioux City, Iowa Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). 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 22-4013. Follow us on Twitter @USAO_NDIA.
Sheldon Man to Federal Prison for Illegal Possession of a FirearmRead the Press Release
Clinton Kreykes, 40, from Sheldon, Iowa, was sentenced on September 21, 2022, to two years in federal prison for illegal possession of a firearm by a prohibited person.
On March 23, 2022, Kreykes pled guilty to possession of a firearm by a prohibited person. At the plea and sentencing hearings, evidence showed that Kreykes was previously convicted of a felony offense, Burglary–3rd degree, and was a methamphetamine user. Both prohibit a person from legally possessing a gun. Evidence showed that on September 16, 2021, as part of Kreykes’ Iowa probation conditions, a compliance check was conducted at Kreykes’ camper in Sibley, Iowa. The probation officer located drug paraphernalia, and Kreykes was arrested. A search warrant was then issued and executed on the camper where law enforcement located loose prescription pills, a small baggy of methamphetamine, a Mossberg 20-gauge shotgun, shotgun shells, and additional items related to drug use.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Kreykes was sentenced to 24 months’ imprisonment and must serve a three-year term of supervised release following imprisonment. There is no parole in the federal system. Kreykes remains in custody of the United States Marshal until he can be transported to a federal prison.
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.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Osceola County Sheriff’s Office 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 21-4078. Follow us on Twitter @USAO_NDIA.
Iowa Woman Sentenced to Federal Prison for COVID-19 Related Benefit Fraud and Money LaunderingRead the Press Release
A Rockford, Iowa woman who received unemployment benefits in other people’s names, and laundered most of those funds through cryptocurrency transactions, was sentenced September 20, 2022, to more than a year in federal prison.
Stephanie Mendenhall, age 53, from Rockford, Iowa, received the prison term after a March 24, 2022, guilty plea to four counts of theft of government funds and one count of money laundering conspiracy. At the plea hearing, Mendenhall admitted to facilitating false claims for unemployment insurance benefits, which were intended for those in need due to the COVID-19 pandemic, in the names of other people and allowing those funds to be deposited into bank accounts she owned or controlled. Mendenhall received fraudulent unemployment benefits paid through the states of Maine, Michigan, Washington, Arizona, Colorado, Texas, Kansas, and Illinois, including benefits related to COVID-19 relief funds, to which she was not entitled. Mendenhall received at least $35,985 in false unemployment benefits. Mendenhall spent some of the money on herself, but laundered the majority of it by purchasing cryptocurrency and sending it to a co-conspirator. After being indicted in this case, while on pretrial release, Mendenhall attempted to deposit counterfeit checks into other bank accounts she owned.
Mendenhall was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Mendenhall was sentenced to 15 months’ imprisonment. She was also ordered to make $46,378.31 in restitution to the states of Maine, Michigan, Washington, Arizona, Colorado, Texas, Kansas, and Illinois. She must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Mendenhall is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorneys Ron Timmons and Tim Vavricek and was investigated by the Federal Bureau of Investigation and the Department of Labor’s Office of Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-3028.
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Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
Daniel Trevino, 46, formerly from Primghar, Iowa, was sentenced on September 16, 2022, to 10 years’ in federal prison.
Trevino pled guilty on February 5, 2022, to conspiracy to distribute methamphetamine. Evidence at the plea and sentencing hearings showed that from December 2020 through April 2021, Trevino and others were involved in a conspiracy to distribute over 500 grams of methamphetamine. On April 24, 2021, Trevino was traffic stopped by law enforcement. After showing signs of impairment, law enforcement received permission to search a bag located next to Trevino. Inside the bag, law enforcement discovered a scale, cell phones, and other drug paraphernalia. When the vehicle was being secured to be towed, a black magnetic box fell from the steering column which later was found to contain approximately a quarter pound of methamphetamine. Trevino had just picked up the methamphetamine from his source in Colorado.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Trevino was sentenced to 10 years’ imprisonment and must serve a 5-yeear term of supervised release following imprisonment. There is no parole in the federal system. Trevino 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 O’Brien County Sheriff’s Office and Iowa DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4076.
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Man Pleads Guilty to Distributing Heroin and Fentanyl Near a Local Park in DubuqueRead the Press Release
A man who distributed heroin and fentanyl in Dubuque, Iowa, plead guilty in federal court on September 14, 2022.
Deandre P. Davis, age 32, formerly of Dubuque, Iowa, was convicted of conspiracy to distribute heroin and fentanyl and distribution of heroin and fentanyl within 1,000 feet of Hilltop Park in Dubuque, Iowa.
At his plea hearing, Davis admitted to engaging in a drug-related conspiracy to distribute heroin and fentanyl. In the fall of 2020, Davis coordinated with another person and personally distributed heroin and fentanyl throughout the city of Dubuque, including near a park.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Davis remains in custody of the United States Marshal pending sentencing. Davis faces a possible maximum sentence of 60 years’ imprisonment, a fine of not more than $4 million, and up to six years of supervised release following any term of imprisonment.
This case was investigated by the Dubuque Drug Task Force and is being prosecuted by Assistant United States Attorney Jason D. Norwood.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 21-CR-1033-CJW.
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Cedar Rapids Man on Supervised Release Sent Back to Federal Prison after Possessing a Firearm as a FelonRead the Press Release
A Cedar Rapids man who possessed a firearm and twice operated a vehicle while intoxicated was sentenced today to more than one year in federal prison.
Terrail Dixon, age 40, from Cedar Rapids, Iowa, received the prison term after violating terms of his supervised release. At a supervised release revocation hearing, Dixon admitted that on August 29, 2022, he possessed a Raven Arms MP-25 firearm. In addition, on two occasions, he operated a vehicle while intoxicated.
In 2017, Dixon was convicted of possessing firearms as a felon and then sentenced to federal prison for 57 months, to be followed by three years of supervised release. He had previously been convicted of possessing a firearm as a felon, a drug conspiracy felony, driving under the influence, and domestic abuse assault causing bodily injury.
Dixon was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Dixon was sentenced to 18 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system. Dixon remains 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 investigated by the United States Probation Office and the Hiawatha Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-22.
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California Man Who Tried to Take Five Pounds of Methamphetamine on a Plane to Iowa Pleads GuiltyRead the Press Release
A man who was arrested in Los Angeles while trying to transport five pounds of methamphetamine to Iowa pled guilty today in federal court in Cedar Rapids.
Kiyonte Levell Sowell, age 21, from Los Angeles, California, was convicted of one count of conspiracy to distribute a controlled substance.
Information discussed at the plea hearing showed that in early 2022, the Drug Enforcement Administration was conducting a wiretap investigation into a methamphetamine distribution organization in Cedar Rapids. On February 28, 2022, Sowell went to the Los Angeles International Airport with the intention of boarding a flight to Cedar Rapids, Iowa. Sowell brought a large roller bag and attempted to take the bag through security as his carry-on luggage. Airport security eventually searched the bag, found that it contained approximately 2,211 grams of methamphetamine, and arrested Sowell. At the plea hearing, Sowell admitted he conspired with others in the Northern District of Iowa to distribute methamphetamine.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Sowell remains in custody of the United States Marshal pending sentencing. Sowell 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‑39‑CJW‑MAR‑10.
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Woman Sentenced to Eighteen Months in Prison for Distributing Heroin and Fentanyl Near a College and ParkRead the Press Release
A woman who distributed heroin and fentanyl in Dubuque, Iowa, was sentenced today to 18 months in prison in federal court in Cedar Rapids, Iowa.
Nicole L. Jarvis, age 35, formerly of Dubuque, Iowa, received the sentence after pleading guilty to conspiracy to distribute heroin and fentanyl and distribution of heroin and fentanyl within 1,000 feet of a protected location.
In a plea agreement, Jarvis admitted to engaging in a drug-related conspiracy to distribute heroin and fentanyl on at least five occasions in Dubuque. Jarvis served as the connecting source and not the supplier. In the fall of 2020, Jarvis utilized Facebook messenger and other communications devices to set up the transactions. Jarvis later distributed heroin and fentanyl near Loras College and Madison Park.
Sentencing was held before United States District Court Judge C.J. Williams. Jarvis was sentenced to serve 18 months’ imprisonment and must serve a six-year term of supervised release following her term of incarceration. There is no parole in the federal system. Jarvis remains in the custody of the United States Marshal until she can be transported to federal prison.
This case was investigated by the Dubuque Drug Task Force and was prosecuted by Assistant United States Attorney Jason D. Norwood.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 21-CR-1033-CJW.
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Smoke Shop Owner Who Fled to Brazil in 2014 Convicted of Federal Drug Crimes for Selling K2Read the Press Release
A man who sold K2 from a smoke shop in Cedar Rapids, Iowa, and who fled the country in 2014 after being charged with federal drug crimes was convicted by a jury on September 12, 2022, after a four-day trial in federal court in Cedar Rapids.
Mohammad Al Sharairei, age 47, previously from Cedar Rapids, Iowa, was convicted of one count of maintaining a premises for the distribution of controlled substance analogues and one count of conspiring to distribute controlled substance analogues. The verdict was returned yesterday afternoon following about five hours of jury deliberations.
The evidence at trial showed that in 2012 and 2013, Al Sharairei and his wife owned and operated a smoke shop on First Avenue in Cedar Rapids called Puff N Stuff II. During June 2013, federal agents raided Puff N Stuff II and seized thousands of packets of K2 which were labeled as “novelty items,” “potpourri,” and “incense” and contained a warning that the products were “not for human consumption.” Some names of the “potpourri” products were Bizarro, Grave Digger, Lights Out, and Mega Kush. The substances in the packages were determined to contain synthetic cannabinoids called PB‑22 and 5F‑PB‑22. Trial evidence showed that these synthetic cannabinoid substances are far more potent than marijuana and have been associated with severe psychological and physical effects, including death. Trial evidence showed that, despite labeling the products as “not for human consumption” and having a store policy that customers could not talk about smoking the products, Al Sharairei himself smoked the “incense.”
Seized store records from Puff N Stuff II showed that between January 2012 and June 26, 2013, the store had sold over $1.3 million in synthetic cannabinoid products. Trial evidence also showed that after Al Sharairei was charged and appeared in federal court, he fled the country in 2014 prior to a scheduled hearing. He remained a fugitive until he was extradited back to the United States from Brazil.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Al Sharairei remains in custody of the United States Marshal pending sentencing. Al Sharairei faces a possible maximum sentence of 40 years’ imprisonment, a $1,500,000 fine, and up to a lifetime of supervised release following any imprisonment. He also faces up to $425,000 in forfeiture of proceeds of his drug operation.
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, the Internal Revenue Service, and the Department of Homeland Security, Homeland Security Investigations. The DEA Task Force 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 Justice Department’s Office of International Affairs worked with law enforcement partners in Brazil to secure the arrest and extradition of Mohammad Al Sharairei to the United States. The case is being prosecuted by Assistant United States Attorney Dan Chatham and Special Assistant United States Attorney Adam Vander Stoep.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 14‑CR‑63‑LTS‑MAR.
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Iowa Man Pleads Guilty to Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pleaded guilty on September 13, 2022, in federal court in Sioux City.
Dustin Coates, 36, from Cherokee, Iowa, was convicted of conspiracy to distribute methamphetamine. In 2013, Coates was previously convicted of distribution of a controlled substance in the United States District Court for South Dakota.
At the plea hearing, Coates admitted his involvement in a conspiracy that distributed at least 150 grams of pure methamphetamine from March 2021, through March 8, 2022. On March 8, 2022, law enforcement conducted a traffic stop of the vehicle Coates was driving. Coates threw two baggies of methamphetamine from his person while attempting to flee the traffic stop on foot. Coates admitted at the hearing that he planned to distribute the 60+ grams of methamphetamine to other persons.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Coates remains in custody of the United States Marshal pending sentencing. Due to his prior conviction for distribution of controlled substances, Coates faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least 10 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Kraig R. Hamit 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 22-4027. Follow us on Twitter @USAO_NDIA.
Honduran Man Sentenced to Prison for Illegally Reentering the United States After Being DeportedRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to three months in federal prison.
Santos Lara-Figueroa, age 43, a citizen of Honduras illegally present in the United States and residing in Hiawatha, Iowa, received the prison term today after a guilty plea on July 20, 2022, to one count of illegal reentry into the United States after having been deported.
At the guilty plea, Lara-Figueroa admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Lara-Figueroa, falsely claiming to be a Mexican citizen, was removed to Mexico by immigration officials in July 2006. One month later in August 2006, he illegally reentered the United States by crossing the border on foot into Texas. Lara-Figueroa was deported to Honduras from Virginia in January 2011. On February 22, 2022, immigration officials learned Lara-Figueroa had illegally returned to the United States and found Lara-Figueroa at the Linn County Jail following his arrest on state charges.
Lara-Figueroa was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Lara-Figueroa was sentenced to 92 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Lara-Figueroa is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-52.
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Sioux City Woman Pleads Guilty to Possessing Meth and FirearmsRead the Press Release
Alicia Loraine Robinson, 36, from Sioux City, Iowa, pled guilty September 6, 2022, in federal court in Sioux City. Robinson was convicted of possession with intent to distribute methamphetamine and being a prohibited person in possession of firearms.
Evidence at the plea hearing showed that on December 30, 2021, in Sioux City, Iowa, law enforcement conducted a traffic stop of a vehicle Robinson was driving. Law enforcement smelled marijuana emanating from the car and noted Robinson was clutching her purse tightly on her lap. Robinson admitted she smoked marijuana in the car and that she was suspended from driving. A search of the car found drug paraphernalia and a .380 firearm in Robinson’s purse. Law enforcement then searched Robinson’s home and found a 12-gauge shotgun, over 50 grams methamphetamine, marijuana, and other distribution-related items. On July 6, 2021, law enforcement executed a search warrant at another home associated with drug distribution. Amongst other illicit items, law enforcement found a Glock .40 handgun that had been owned by Robinson. Robinson admitted to possessing the firearms and being a user of marijuana and methamphetamine. A person that uses controlled substances is prohibited from possessing firearms.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Robinson remains in custody of the United States Marshal pending sentencing. On the drug conviction, Robinson faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, and at least four years of supervised release following any imprisonment. On the firearm conviction, Robinson faces a maximum possible sentence of 10 years’ imprisonment, a $250,000 fine, and not more than three years of supervised release.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood 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 22-4010. Follow us on Twitter @USAO_NDIA.
Man Who Possessed Loaded Firearm While on Supervised Release Sentenced to Federal PrisonRead the Press Release
A man who possessed a loaded firearm while on supervised release was sentenced today to more than one year in federal prison.
Jamie Valentine. age 56, from Dubuque, Iowa, received the prison term after a March 1, 2022 guilty plea to being a felon in possession of a firearm.
At the guilty plea, Valentine admitted that on or about December 12, 2021, he possessed a High Standard Sport King .22 caliber pistol while prohibited due to being previously convicted of attempted enticement of a minor to engage in illicit sexual activity in 2009. At sentencing, the evidence showed that the United States Probation Office conducted an unannounced home visit and found a fully loaded .22 caliber pistol in Valentine’s nightstand.
Valentine was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Valentine was sentenced to 15 months’ imprisonment and fined $100. He must also serve a 3-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.
Valentine 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 the United States Marshals Service, the United States Probation Office, and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-cr-1003.
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Justice Department Secures Settlement with Iowa School District Concerning Discriminatory Seclusion and Restraint PracticesRead the Press Release
The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Iowa announced today a settlement agreement with the Cedar Rapids Community School District in Cedar Rapids, Iowa, to address the discriminatory use of seclusion and restraint against students with disabilities.
The department’s investigation found that the school district inappropriately and repeatedly secluded and restrained students with disabilities as early as kindergarten in violation of Title II of the Americans with Disabilities Act (ADA). The department concluded that instead of meeting the needs of students with disabilities that affect their behavior, the school district subdued them through unnecessary restraints and improper confinement alone in small seclusion rooms, sometimes multiple times in one day and often for excessive periods of time. As a result of these practices, some students lost hundreds of hours of instructional time. The investigation also found that the school district did not end seclusion where students showed signs of crisis or trauma, or when there was no longer any threat of harm. Under the settlement agreement, the Cedar Rapids Community School District has voluntarily agreed to end the use of seclusion, reform its restraint practices, and improve its staff training on anticipating, appropriately addressing and de-escalating students’ disability-related behavior through appropriate behavioral interventions.
“Students with disabilities should not be subjected to discriminatory and abusive seclusion and restraint practices that deny them equal access to education,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When schools isolate and unlawfully restrain children with disabilities, rather than provide them with the supports needed for success in the classroom, they violate the promise of the Americans with Disabilities Act. Our agreement puts the Cedar Rapids Community School District on a path to significant institutional change and reform. We will continue working to ensure that school districts across the country are taking all steps needed to provide every student access to a safe and supportive learning environment.”
“Each and every child deserves an equal opportunity to learn and thrive,” said U.S. Attorney Timothy T. Duax for the Northern District of Iowa. “Our office, in partnership with the department’s Civil Rights Division, will vigorously investigate allegations of discrimination on the basis of disability in all settings, including in our public schools. I am heartened by the district’s commitment to this landmark agreement, which will undoubtedly improve the education and everyday lives of many students in our community.”
The school district fully cooperated throughout the investigation. Under the settlement agreement, the school district will implement reforms needed to ensure that its practices do not discriminate against students with disabilities. The district will, among other steps:
• End its use of seclusion;
• Limit its use of restraints, revise its restraint procedures and practices, and consistently implement those procedures and practices in all schools;
• Report all instances of restraint and evaluate if they were justified;
• Offer counseling and other services to students who are restrained;
• Adopt policies and procedures to assess suicide risk, prevent suicide and self-harm, and implement immediate crisis intervention for students who threaten or engage in self-harm;
• Designate trained staff to collect and analyze restraint data and oversee the creation of appropriate behavior intervention plans;
• Deliver appropriate training and resources to help schools implement the agreement; and
• Hire two new administrators to oversee schools’ use of restraint, if any, and ensure the district’s compliance with the agreement and Title II of the ADA.
Enforcement of Title II of the ADA is a priority of the Civil Rights Division. This agreement, obtained jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office for the Northern District of Iowa, is the most recent in a series of Civil Rights Division settlements to address and prevent unlawful seclusion and restraint of students with disabilities in public schools. In December 2021, for example, the division reached an agreement with the Frederick County Public School District in Maryland, in which the school district agreed to prohibit the use of seclusion in district schools and take proactive steps to ensure that its practices do not discriminate against students with disabilities. In December 2020, the division reached a similar agreement with the North Gibson School Corporation in Indiana. These and other matters build on the department’s steadfast commitment to ensuring educational equity and protection of students with disabilities.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the Educational Opportunities Section’s work is available at https://www.justice.gov/crt/educational-opportunities-section. To learn more about the Section’s work under the ADA to combat improper seclusion in schools, visit this website: https://www.justice.gov/schoolseclusion.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
View the letter summarizing the investigation findings here. View the agreement here. View a plain language summary of the agreement here.
Marion Man Charged with Being a Prohibited Person in Possession of FirearmsRead the Press Release
Tyler Maus, age 29, of Marion, Iowa, has been charged with being a felon in possession of firearms. The charge is contained in an Indictment unsealed on August 29, 2022, in United States District Court in Cedar Rapids.
The Indictment alleges that, in December 2021, Maus possessed four pistols after having been convicted of four felonies.
If convicted, Maus faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years on supervised release following any imprisonment.
Maus appeared for a detention hearing on September 1 and September 8, 2022, in federal court in Cedar Rapids and was released on bond. Maus’s next appearance for trial is set for October 31, 2022.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
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 Hiawatha Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Marion Police Department, 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 22-49.
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Man Who Possessed Firearm Two Days After Committing Manslaughter Sentenced to Federal PrisonRead the Press Release
A man who fled from a traffic stop and possessed a firearm two days after shooting a female victim in the face was sentenced today to more than eight years in federal prison.
Larenzo Burnett, age 22, from Battle Creek, Michigan, received the prison term after a January 5, 2022 guilty plea to being a felon and drug user in possession of a firearm.
At the guilty plea, Burnett admitted that on December 24, 2020, he possessed a Taurus 9mm pistol. He was prohibited due to being an unlawful user of marijuana and because he was previously convicted of intimidation with a dangerous weapon in 2020. At sentencing, evidence showed that Burnett also attempted to obstruct justice by attempting to influence a witness.
Burnett was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Burnett was sentenced to 99 months’ imprisonment and fourteen days 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. Burnett 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 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 21-cr-57.
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Woodbury County Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Chad Moyle, 37, from Sioux City, Iowa, pleaded guilty to possessing child pornography. Moyle pled guilty on September 7, 2022, in federal court in Sioux City.
At the plea hearing, Moyle admitted to possessing over 600 images of child pornography from December 2018 through February 2019. Moyle utilized a smart phone to receive and review the images depicting minors engaged in sexually explicit conduct, including depictions involving prepubescent minors or minors who had not attained 12 years of age.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Moyle remains in custody of the United States Marshal pending sentencing. Moyle faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and at least 5 years of supervised release following any imprisonment.
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.”
The case is being prosecuted by Assistant United States Attorney Kraig R. Hamit and was investigated by the Federal Bureau of Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4021. Follow us on Twitter @USAO_NDIA.
Iowa Plastic Surgeon Agrees to Pay $800,000 to Resolve Allegations of Inappropriate Billing and False ClaimsRead the Press Release
Dr. Ronald Bergman and his medical practice, Bergman Cosmetic Surgery, P.C., of Des Moines, Iowa, have agreed to pay $800,000 to the United States and the State of Iowa to resolve allegations that Bergman wrongfully billed Medicare and Medicaid for services rendered by others and billed Medicare for medically unnecessary and unreasonable applications of skin substitute products.
Specifically, the government alleged that from 2013 to 2020, Bergman submitted inappropriate claims for payment to government healthcare programs in three ways. First, the government alleged that Bergman submitted claims to Medicare and Medicaid in his own name when, in fact, the services were rendered by auxiliary personnel, and when there was insufficient physician involvement for the claims to be billed in Bergman’s name. Second, the government alleged that Bergman submitted claims to Medicare and Medicaid in his own name when, in fact, the services were rendered by medical fellows without Bergman, as the teaching physician, being physically present. Third, the government alleged that Bergman submitted claims to Medicare for medically unnecessary and unreasonable applications of skin substitute products.
“Our federal healthcare system depends on accurate and honest billing by medical providers,” said United States Attorney Timothy T. Duax. “We are committed to ensuring that physicians and other providers are held to account for inappropriate billing practices.”
“We expect health care providers who serve Medicare and Medicaid beneficiaries to refrain from harming the integrity of the programs on which their patients rely. Billing in any fashion that results in overpayment from the programs threatens that integrity,” said Special Agent in Charge Curt L. Muller with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG).
“In coordination with fellow law enforcement agencies, HHS-OIG ceaselessly works to examine allegations involving inappropriate billing and HHS beneficiaries.”
This civil matter arose from an action brought under the whistleblower provisions of the False Claims Act. Pursuant to that Act and the settlement agreements, the whistleblower will share in the United States’ financial recovery.
The claims asserted against Bergman are allegations only; there was no determination or admission of liability.
This case was handled by Assistant United States Attorneys Melissa A. Carrington and Matthew K. Gillespie.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 19-cv-3050-CJW.
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Cedar Rapids Man Sentenced to 46 Months in Federal Prison for Possessing a Firearm and Ammunition as a FelonRead the Press Release
A man who possessed a firearm and ammunition as a felon was sentenced today to more than three years in federal prison.
Federico Luna, age 23, from Cedar Rapids, Iowa, received the prison term after a February 4, 2022 guilty plea to one count of possessing a firearm and ammunition as a felon. Luna had previously been convicted of reckless use of a firearm, harassment in the first and third degree, assault, and criminal mischief in the second degree.
Evidence at the sentencing hearing showed that Luna sped through a residential area in Cedar Rapids while leading law enforcement on a high-speed chase. During the chase, he threw a backpack out of the window of the car. That backpack contained a loaded firearm, false U.S. currency, and pills. Luna abandoned the car and attempted to flee on foot before he was taken into custody.
Luna was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Luna was sentenced to 46 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.
Luna 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 it was investigated by the Federal Bureau of Investigation and the Cedar Rapids Police Department.
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 21-CR-64.
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Sioux City Man Pleads Guilty in Federal CourtRead the Press Release
A Sioux City man who possessed a stolen firearm as a felon pled guilty September 1, 2022, in federal court in Sioux City. Michael David Groves, age 26, from Sioux City, Iowa was convicted of possession of a firearm by a felon. In a plea agreement, Groves admitted to being a convicted felon and knowing he was prohibited from owning a firearm. Groves admitted to possessing a 12-gauge shotgun, which was reported stolen after a burglary in Plymouth County, Iowa.
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 before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Groves remains in custody of the United States Marshal pending sentencing. Groves faces a possible maximum sentence of 10 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 Ron Timmons and was investigated by the United States Marshal Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Federal Bureau of Investigation, Nebraska State Patrol, Sioux City Police Department, and Plymouth County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4046.
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Cedar Rapids Man Sentenced to Six Months in Federal Prison for Being a Drug User in Possession of Firearms and AmmunitionRead the Press Release
A drug user who possessed firearms and ammunition was sentenced September 1, 2022, to six months in federal prison.
Douglas Studer, age 63, of Cedar Rapids, received the sentence after a November 15, 2021 guilty plea to one count of being a drug user in possession of firearms and ammunition. At the plea hearing, Studer admitted that, on May 17, 2019, he knowingly possessed two pistols and 932 rounds of ammunition while being a user of methamphetamine.
Studer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Studer was sentenced to six 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.
Studer was released on the bond previously set and is to surrender to the United States Marshal on October 3, 2022.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque 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 21-1027.
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Mason City Man Back to Federal Prison for More Than a Year for Violating his Supervised Release ConditionsRead the Press Release
A man who had previously served a federal term of 235 months’ imprisonment was sentenced to another term of 15 months’ imprisonment for violating conditions of his supervised release.
On August 29, 2022, Mingo Flores, 38, from Mason City, Iowa, received the prison term after violating terms of his supervised release. Specifically, Flores was determined by the district court to have two new law violations, including an assault and possession of methamphetamine-second offense. When Flores was arrested on the federal supervision violation stemming from the assault allegations, he was found with methamphetamine, which he attempted to destroy by attempting to flush the methamphetamine down a toilet at the Cerro Gordo County Jail.
In 2001, Flores was sentenced to federal prison for a term of 235 months and a five-year term of supervised release for distribution of LSD. Flores had been on supervised release for approximately two years prior to his violations of the terms of his release. On August 29, 2022, Flores was sentenced in Sioux City, Iowa, by United States District Court Chief Judge Leonard T. Strand to 15 months’ imprisonment. He must also serve a three-year term of supervised release after service of this prison term. There is no parole in the federal system. Flores remains 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 Mason City Police Department, the Cerro Gordo County Sheriff’s Office, and United States Probation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 01-3052/22-3027. Follow us on Twitter @USAO_NDIA.
Man Pleads Guilty to Possessing over 6 Kilograms of Methamphetamine and over $450,000 for the Purpose of Drug TraffickingRead the Press Release
A man who possessed over 6,000 grams of methamphetamine and $460,726 in Cedar Rapids, Iowa, pled guilty today.
Terrell McBride, age 31, from Cedar Rapids, Iowa, was convicted of distribution of methamphetamine.
In a plea agreement, McBride admitted to distributing over 1,500 grams of methamphetamine throughout the Cedar Rapids area. The Iowa Division of Narcotics Enforcement and the Bureau of Alcohol, Tobacco, Firearms & Explosives searched McBride’s home and recovered over 6,900 grams of methamphetamine and $460,726 in United States Currency. McBride admitted that he used or intended to use all of the United States Currency seized for the purpose of drug trafficking.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. McBride remains in custody of the United States Marshal pending sentencing. McBride faces a mandatory minimum of 10 years’ imprisonment and the following maximum penalties: (1) not more than life imprisonment, without the possibility of parole; (2) a fine of not more than $10 million; (3) a mandatory special assessment of $100; and (4) a term of supervised release of at least 5 years and up to life.
This case was investigated by the Iowa Division of Narcotics Enforcement and the Bureau of Alcohol, Tobacco, Firearms & Explosives. The case 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-00005-CJW.
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Methamphetamine Dealer Sentenced to over a Decade in Federal PrisonRead the Press Release
A man who conspired to distribute methamphetamine was sentenced on August 30, 2022, to more than eleven years in federal prison. Jonathan Roy Wright, age 43, from Marion, Iowa, received the prison term after a April 14, 2022 guilty plea to one count of conspiracy to distribute a controlled substance.
Information disclosed at sentencing showed that, between October 2020 and October 2021, Wright distributed at least 1,800 grams of ice methamphetamine. Wright also has a serious and long criminal history, having been convicted of several assault-related offenses and eleven prior drug-related offenses.
Wright was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Wright was sentenced to 136 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Wright 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 Attorney Dillan Edwards, and it was investigated by 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-00007-LTS.
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Dubuque Man Found Guilty of Possessing a Firearm as a FelonRead the Press Release
A man who possessed a firearm as a felon was convicted by a jury today after a two-day trial in federal court in Cedar Rapids, Iowa.
Daniel Arsenio Rodgers, age 33, from Dubuque, Iowa, was convicted of one count of possession of a firearm by a felon. The verdict was returned this afternoon following about one hour of jury deliberations.
The evidence at trial showed that Rodgers knowingly possessed a Beretta 9mm handgun on June 25, 2021. On that date, Rodgers shot at a residence on West Locust in Dubuque before ditching the car he was driving. Later that day, Rodgers shot at a residence on W. 11th Street as a passenger in a different vehicle. Dubuque police officers were able to track that vehicle using traffic cameras from W. 11th Street to a local restaurant where Rodgers was arrested on an outstanding warrant a short time later. The Beretta used in both shootings was found in the vehicle in which Rodgers traveled to the restaurant.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Rodgers remains in the custody of the United States Marshal pending sentencing. Rodgers faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being 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 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 22-CR-1013.
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Cedar Rapids Man Pleads Guilty to 2011 Robbery After Start of Federal TrialRead the Press Release
A man who robbed a Century cab on April 29, 2011, pled guilty today in federal court in Cedar Rapids.
Johnathan DeWayne Mitchell, age 44, from Cedar Rapids, Iowa, was convicted of one count of interference with commerce by robbery.
The guilty plea occurred during the opening stages of Mitchell’s jury trial after exhibits had been admitted and the jury was selected. In the plea hearing, Mitchell admitted he robbed a Century cab on April 29, 2011, and took money and personal effects from the driver. Evidence admitted at the trial, before the plea was entered, showed the cab driver died of multiple stab wounds she sustained during the robbery.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Mitchell remains in custody of the United States Marshal pending sentencing. Mitchell faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, restitution to the victim’s family, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Patrick Reinert and Dillan Edwards and was investigated by the Cedar Rapids Police Department and Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-00029-LTS.
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Felon Returned to Federal Prison After Escaping from Cedar Rapids Halfway HouseRead the Press Release
A man who escaped from a Cedar Rapids, Iowa, halfway house while serving a sentence for unlawful firearms possession was sentenced on August 18, 2022, to more than an additional year in federal prison. Ricky Joe Vaughn, age 43, from Cedar Rapids, Iowa, received the prison term after a March 8, 2022 guilty plea to one count of escape from custody.
At Vaughn’s plea and sentencing hearings, the evidence showed that Vaughn was sentenced in June 2015 to serve 96 months in federal prison for possessing firearms and ammunition illegally. Vaughn was scheduled to be released from a federal prison in Michigan in February 2022. In November 2021, the U.S. Bureau of Prisons (“BOP”) granted Vaughn the privilege of home confinement. In December 2021, after Vaughn violated the terms of his home confinement, the BOP rescinded Vaughn’s home confinement privileges and ordered Vaughn to reside in a Cedar Rapids halfway house. On January 10, 2022, while a resident of the halfway house, Vaughn cut off his ankle monitor at his workplace and fled in another person’s vehicle. The United States Marshal’s Service arrested Vaughn three days later at the other person’s apartment.
Vaughn was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Vaughn 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.
Vaughn has an extensive criminal history extending back to 2001. In addition to his prior federal firearms conviction, Vaughn’s criminal history in state court includes felony convictions for theft and conspiracy to manufacture methamphetamine. Vaughn 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 Tim Vavricek and investigated by the USMS.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-12.
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Sioux City Woman Sentenced to Federal Prison for Stealing from the GovernmentRead the Press Release
A Sioux City woman who defrauded the United States Government was sentenced August 19, 2022, to 4 months in federal prison.
Margaret Ortega, age 45, from Sioux City, Iowa, received the prison term after a March 14, 2022, guilty plea to theft of government funds.
In a plea agreement, Ortega admitted she embezzled and stole from the United States Social Security Administration (SSA) no less than $92,744.51.
Specifically, Ortega concealed her living arrangements with her husband, Hassan Ortega, by providing false statements to the SSA and the Iowa Department of Human Services (DHS). In her statements, Ortega attested that Hassan was not part of her household and that she received no support from him (since November 2010). An investigation conducted by the SSA Office of the Inspector General (OIG) and the Iowa Department of Inspections and Appeals (DIA) revealed evidence that refuted Ortega’s statements and showed Hassan was a member of Ortega’s household since November 2010.
As a result of her actions, Margaret Ortega was overpaid $88,176.51 in SSA Supplemental Security Income (SSI) benefits, on behalf of her daughter, Jasmine Ortega, from January 2011 through November 2020, and $4,568 in SSI benefits for herself, for the same time period (total $92,744.51).
As a result of her actions, Ortega was also overpaid $20,152 in Iowa Supplemental Nutrition Assistance Program (SNAP) benefits from November 1, 2014, to October 31, 2019, and $2,927 in SNAP benefits from February 17, 2020 to November 30, 2020 for the household (total $23,079).
Ortega was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Ortega was sentenced to 4 months’ imprisonment. She was ordered to pay $115,823.51 in restitution ($92,744.51 to SSA and $23,079 to IDHS). She must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
Ortega was released on the bond previously set and is to surrender to the United States Marshal; Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Ron Timmons and Assistant United States Attorney Kevin Fletcher and investigated by Iowa Department of Human Services and Social Security Administration.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4015.
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Man Pleads Guilty to Conspiring to Distribute MethamphetamineRead the Press Release
A man who possessed over 150 grams of methamphetamine in Eldora, Iowa pled guilty on August 17, 2022.
Shane Anthony Johnson, age 45, from St. Anthony, Iowa, was convicted of conspiracy to distribute methamphetamine throughout the Northern District of Iowa.
In a plea agreement, Johnson admitted to being involved in the transport of 165 grams of methamphetamine before being apprehended by Eldora Police officers. It was later discovered Johnson had obtained approximately four ounces of methamphetamine from the same supplier before the date of his arrest.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Johnson remains in custody of the United States Marshal pending sentencing. Johnson faces a mandatory minimum of 10 years’ imprisonment and the following maximum penalties: (1) not more than life imprisonment, without the possibility of parole; (2) a fine of not more than $10 million; (3) a mandatory special assessment of $100; and (4) a term of supervised release of at least 5 years and up to life.
This case was investigated by the Iowa Division of Narcotics Enforcement 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-00031-CJW.
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Anamosa Man Sentenced to 33 Months in Federal Prison for Being a Prohibited Person in Possession of FirearmsRead the Press Release
A prohibited person who possessed firearms and ammunition was sentenced today to 33 months in federal prison.
Douglas Hurt, age 42, of Anamosa, Iowa, received the sentence after a February 3, 2022, jury verdict finding him guilty of possessing two firearms and ammunition after having been convicted of one felony and three misdemeanor crimes of domestic violence. The evidence at trial showed that, in June 2020, in the cabin where he lived, Hurt possessed a Chinese Type 56 7.62 x 39 mm caliber rifle, a Remington 870 Express Magnum 12-gauge shotgun, and ammunition.
Hurt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hurt was sentenced to 33 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 Jones County Sheriff’s Office, 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 21-59.
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Felon Sentenced to Prison for Possessing a FirearmRead the Press Release
A man who was shot during an exchange of gunfire was sentenced today to more than eight years in federal prison.
Chad Lee, age 20, from Waterloo, Iowa, received the prison term after a March 3, 2022, guilty plea to one count of possession of a firearm by a felon.
In a plea agreement, Lee admitted that, on August 26, 2020, he knowingly possessed a firearm, a Springfield XD 9mm handgun, as a prohibited person. Lee was prohibited from possessing a firearm because he was previously convicted on July 2, 2020, of Interference Displaying a Firearm, in the Iowa District Court for Black Hawk County, a felony. On August 2, 2020, Waterloo police officers responded to a call of shots fired. Upon responding, officers learned that multiple individuals were involved in an altercation wherein multiple people exchanged gunfire. Officers located between 20 to 30 shell casings but no firearms. Officers also learned that Lee had just been admitted at a nearby hospital with a gunshot wound. Surveillance video of the shooting showed Lee exchanging gunfire with another group of individuals. On August 26, 2020, Waterloo police officers executed a search warrant at Lee’s residence and found the Springfield handgun with an extended magazine under his pillow. The Springfield had been reported stolen in February 2020. Lee admitted he was one of the shooters on August 2 but stated he used a Beretta handgun which he dropped after being shot. Lee said he never found the Beretta and had just acquired the Springfield handgun and used it for protection.
Lee was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Lee 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.
Lee 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 Ashley Corkery and investigated by the Violent Crime Apprehension Team (VCAT) of the Waterloo 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 20-CR-2056.
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Local Man Sentenced to 10 Years in Federal Prison for Meth ConvictionRead the Press Release
Carmelo Valdez Romero, 35, from Sioux City, Iowa, was convicted of possession with intent to distribute methamphetamine on February 25, 2022, after a 4-day jury trial.
Evidence at trial and sentencing showed that on March 17, 2020, Valdez Romero and others possessed with intent to distribute about 20 pounds of methamphetamine. Valdez Romero aided others in the removal of 20 one-pound packages of methamphetamine hidden in the gas tank of a rental vehicle which had traveled from California to rural Dickinson County, Iowa. The methamphetamine was intended for redistribution in northwest Iowa. Specifically, in a machine shed on the property, Valdez Romero removed the rear seats of the vehicle, removed the fuel pump, as well as other equipment attached to the gas tank and physically helped another retrieve the methamphetamine from the two-part gas tank. During the execution of a search warrant at the property, law enforcement agents seized 15 pounds of methamphetamine from a safe inside the machine shed, and five more pounds of methamphetamine being driven away from the property, including one pound of methamphetamine from the vehicle operated by Valdez Romero. Agents also seized $700 from Valdez Romero and $900 from the other two vehicle occupants, all the cash was pre-serialized money used by agents earlier that day to purchase one pound of methamphetamine from Valdez Romero’s drug associate.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Valdez Romero was sentenced to ten years’ imprisonment and must serve a term of five years supervised release following any imprisonment. There is no parole in the federal system. Valdez Romero 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 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, as well as the Dickenson County Sheriff’s Department, the Iowa State Patrol and other members of the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4051. Follow us on Twitter @USAO_NDIA.
Aircraft Parts Foundry Agrees to Settle False Claims Act Allegations of Failure to Conduct Testing and Falsified Test ResultsRead the Press Release
WDC Acquisitions LLC d/b/a Wellman Dynamics located in Creston, Iowa, will pay $500,000 to resolve alleged violations of the False Claims Act for failing to conduct contractually required testing and falsifying test results for parts used in military aircraft, the Justice Department announced today.
Wellman manufactures large metal castings that it supplies to prime defense contractors, including Bell Helicopter, Textron, Sikorsky Aircraft and the Boeing Company, for use in the UH-1Y, AH-1Z, AH-64 Apache, V22 Osprey and UH-60 Black Hawk programs.
The United States alleged that, between 2014 and 2021, Wellman failed to conduct required metallurgic and other tests on the castings, including tensile strength testing, destructive testing, microstructure analysis, hot isostatic testing and salt fog testing, and falsely certified results of tests that had not been performed. The settlement was based on an analysis of the company’s ability to pay.
“Proper testing is critical for ensuring the proper performance of the equipment that is provided to our men and women in uniform” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable those who knowingly falsify or fail to conduct required tests and put our military at risk.”
“It is imperative that our defense contractors and subcontractors provide the high-quality and properly tested products the military needs,” said Acting U.S. Attorney Timothy Duax for the Northern District of Iowa. “We are proud to work tirelessly with our partners to ensure that this is the case.”
The settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Wellman employee Bradley Keller. Under those provisions, a private party can file a lawsuit on behalf of the United States and receive a portion of any recovery. Keller will receive $90,000. The qui tam case is captioned United States ex rel. Bradley Keller v. WDC Acquisitions, LLC d/b/a Wellman Dynamics and Trive Capital Management LLC (N.D. Iowa No. 20-CV-100-LTS-MAR).
This matter was investigated by the Civil Division’s Commercial Litigation Branch (Fraud Section), the U.S. Attorney’s Office for the Northern District of Iowa and the Defense Criminal Investigative Service. The investigation was handled by Senior Trial Counsel Alicia J. Bentley of the Civil Division and Assistant U.S. Attorney Matthew Gillespie.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Minnesota Man Sentenced to 10 Years in Prison for Illegally Possessing a ShotgunRead the Press Release
A Minnesota man who possessed a 12-gauge shot gun while using marijuana and being a convicted felon, was sentenced August 4, 2022 to 10 years in federal prison.
Michael Anthony Hangman, age 36, from Worthington, MN, received the prison term after a guilty plea to possession of a firearm by a prohibited person.
At the plea hearing, Hangman admitted to possessing a 12-gauge shotgun while being an unlawful user of marijuana and having prior felony convictions. Hangman led law enforcement on a police chase beginning in Minnesota and ending in Iowa. Hangman was traveling at speeds reaching 100 mph. Hangman’s shotgun was modified or cut to approximately 19 inches. Officers recovered marijuana, a digital scale with meth residue on it, and baggies from Hangman’s car. Hangman was prohibited from possessing firearms due to his drug use and prior felony convictions in the State of Minnesota for Terroristic Threats-Reckless Disregard, and Drugs-Storing Meth Paraphernalia in the Presence of Child or Vulnerable Adult.
Evidence presented at sentencing also revealed that Hangman brutally assaulted an inmate while incarcerated in the Woodbury County Jail on July 16, 2021 pending trial in this case and stabbed two more inmates in U.S. Penitentiary Leavenworth shortly before sentencing, on July 11, 2022.
Hangman was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Hangman was sentenced to 120 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.
The case was prosecuted by Assistant United States Attorneys Ron Timmons and Mikala Steenholdt-Purdy, and was investigated by Osceola County Sheriff’s Office, Osceola County Attorney’s Office, Nobles County Sheriff’s Office (MN), Buffalo Police Department (MN), Bureau of Alcohol, Tobacco, & Firearms,
Iowa Division of Criminal Investigations Crime Laboratory, and Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4003.
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Dakota City Woman Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A Dakota City, Nebraska woman who conspired to distribute methamphetamine was sentenced August 3, 2022, to more than 8 years in federal prison.
Erika Rojas, age 38, from Dakota City, Nebraska, received the prison term after a March 16, 2022, guilty plea to conspiracy to distribute methamphetamine.
Rojas admitted to being part of a drug ring selling large quantities of methamphetamine in the tri-state area. Rojas and her co-defendants, Anthony Crist, Dennys Rodriguez, and Randall Nichols received methamphetamine from Mexico through the mail in the form of decorative masks that covered the wax methamphetamine mixture. Rojas’ co-defendants would then extract the meth from the masks and redistribute the methamphetamine around Sioux City. A search of Rojas’s storage locker resulted in the decorative masks being found and multiple pounds of methamphetamine recovered. Rojas was the last of her co-conspirators to be sentenced.
Rojas was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Rojas was sentenced to 102 months’ imprisonment. She must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Rojas 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 Jack Lammers and 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 21-4046.
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Sioux City Man with Violent History Sentenced to More Than 10 Years in Federal Prison for Illegal Possession of FirearmRead the Press Release
A Sioux City man who possessed a firearm and ammunition as a felon, was sentenced to 12 years in Federal Prison July 29, 2022.
Rudy Johnson, age 28, from Sioux City, Iowa, was convicted of possession of firearm and ammunition by a felon. Johnson committed the instant offense after being released from federal prison for a 2012 crime spree.
In the summer of 2012 Johnson illegally acquired 16 guns.
On June 19, 2012, Christopher Bailey, Joshua Fields, David Johnson, Rudy Johnson, Terrence Miles, and Austin Peters used one of those stolen weapons -- a shortened semi-automatic rifle – to rob the employees of Seoul Foods in South Sioux City, Nebraska. The clerks’ children (ages 4, 10, 12, and 14) were also inside the store at the time. Johnson used a knife to hold the store’s butcher at bay during the robbery.
The same day as the 2012 robbery Johnson and others contemplated robbing a Chinese-owned business in Sioux City, Iowa, but the plot was abandoned because the store appeared to be too busy; Instead, Johnson participated in an attempted drive-by shooting of an individual elsewhere in Sioux City, Iowa. The gun misfired and the would-be shooters drove off.
On August 15, 2013, Johnson was sentenced to federal prison for offenses related this crime spree. On December 11, 2020, Johnson commenced a term of federal supervised release after his term of imprisonment and – that same day – he criminally acquired a handgun. On December 20, 2020, he transported that firearm to Iowa, shot a victim nine times with it in Iowa, concealed it, and fled Iowa.
At sentencing Johnson said he did not intend to murder the victim of the December 20, 2020 incident, and he requested a lighter sentence. However, it was undisputed defendant told another that he had “a gun on” him and “whatever happens, happens”, and it was undisputed that defendant shot the victim approximately nine times, hitting nobody else, despite the parking lot being crowded with people.
Acting United States Attorney Timothy Duax stated, “This case is a good example of law enforcement using the current federal gun laws to remove a dangerous repeat offender from our community.”
Johnson was sentenced before United States District Court Chief Judge Leonard T. Strand to 120 months’ imprisonment for possessing a firearm as a felon. His term of supervised release was also revoked, and he was sent back to prison for another 24 months’ imprisonment. The two terms of imprisonment were ordered to run consecutively to one another resulting in a total new sentenced of 144 months. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Johnson remains in custody of the United States Marshal’s until he can be transported to a federal prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Marshalls, Sioux Falls, South Dakota Task Force and the Sioux City, Iowa Police Department. 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 21-4086.
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Mexican Man Using Alias and in Possession of False Documents Sentenced to Federal PrisonRead the Press Release
A man who presented false identification documentation and who was in possession of false documents was sentenced today to over four months in federal prison.
Lino Suastegui-Leon, age 49, a citizen of Mexico illegally present in the United States and residing in Tama, Iowa, received the prison term after a May 12, 2022 guilty plea to the unlawful use of an identification document, misuse of a social security number, and unlawful possession of an identification document.
At the guilty plea, Suastegui-Leon admitted that on October 19, 2020, he knowingly used a social security number which had been unlawfully obtained. He also admitted that on April 1, 2022, he possessed a social security card bearing someone else’s name and social security number.
Suastegui-Leon was located at the Tama County, Iowa, treasurer’s office in possession of a variety of false documents, including a social security card and bank cards in the name of his alias. He also had a true copy of a Puerto Rican birth certificate. The investigation revealed he used the social security number and an out of state driver’s license to obtain employment in Iowa.
Suastegui-Leon was sentenced in Cedar Rapids by United States District Judge C.J. Williams. Suastegui-Leon was sentenced to four months and four days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Suastegui-Leon is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-cr-29.
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Illinois Felon who Possessed Firearm Sent to Federal PrisonRead the Press Release
A man who was found with a firearm in Dubuque, Iowa, was sentenced today to more than three years in federal prison.
Lorenzo Lemons, age 29, currently residing in Dubuque, Illinois, received the prison term after a March 18, 2022 guilty plea to being a prohibited person in possession of a firearm.
At the guilty plea, Lemons admitted that on September 13, 2021, he was found in Dubuque, Iowa, in possession of a Springfield XD-9 9mm handgun. Lemons was previously convicted of residential burglary in Champaign County, Illinois, in 2013, and retail theft in Champaign County, Illinois, in 2015. On September 13, 2021, Dubuque Police Department officers were conducting surveillance to locate a wanted fugitive. When they attempted to speak to Lemons, he immediately fled. He was apprehended and resisted arrest. He was ultimately found with a 9mm firearm in his waistband.
Lemons was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Lemons 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 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.
Lemons 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 the Dubuque 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-1034.
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Armed Robber of Country Store in Denison, Iowa Sentenced to 17 Years in Federal PrisonRead the Press Release
A man who robbed the Country Store in Denison, Iowa, was sentenced August 4, 2022, to 17 years in federal prison.
Nhial Biliew, age 24, from Denison, Iowa, received the prison term after a guilty plea to one count of interference with commerce by robbery.
Evidence in the case revealed on June 23, 2020, Biliew used a gun to rob the Country Store in Denison, Iowa. Biliew had previously been convicted for (1) Interference with Official Acts; (2) Theft, in the 4th Degree; (3) Possession of Drug Paraphernalia; (4) Providing False Identification Information; and (5) Criminal Mischief in the 5th Degree.
Biliew was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 204 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.
Biliew is being held in the United States Marshal’s custody until he can be transported to a federal prison.
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.
The case was investigated by Denison, Iowa Police Department, the U.S. Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Crawford County Sherriff’s Office. 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-04034.
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Whiting Man Sentenced to Federal Prison for Receipt of Child PornographyRead the Press Release
A man who received child pornography was sentenced August 2, 2022 to 5 years in federal prison.
Dason Ku, age 42, from Whiting, IA, received the prison term after a May 11, 2022, guilty plea to receipt of child pornography. At his plea hearing, Ku admitted that on October 24, 2018, he knowingly received visual depictions of minors engaged in sexually explicit conduct.
Ku was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Ku was sentenced to 60 months’ imprisonment and ordered to pay $15,000 in restitution to victims. He must also serve a 5-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 Ron Timmons and was investigated by the Iowa Division of Criminal Investigation.
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 21-CR-4098.
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Mexican Man Sentenced to Prison for Document FraudRead the Press Release
A man who used a false identification document and someone else’s social security number was sentenced today to eight months in federal prison.
Juan Perez-Astello, age 45, a citizen of Mexico illegally present in the United States and residing in Postville, Iowa, received the prison term after an April 21, 2022 guilty plea to one count of unlawful use of an identification document.
In a plea agreement, Perez-Astello admitted he used a fraudulent Social Security card bearing someone else’s name and Social Security number when he completed employment and tax forms in November 2020 at a business in Lime Springs, Iowa. On the employment application, Perez-Astello falsely claimed to be a United States citizen. However, Perez-Astello had been deported to Mexico in January 1999, November 2002, and August 2014 and illegally reentered the United States without the permission of the United States government after each removal. Perez-Astello was convicted in the Northern District of Iowa in May 2014 of illegal reentry into the United States after deportation and sentenced to six months’ imprisonment. Perez-Astello was also convicted in the Iowa District Court for Allamakee County in December 1998 of possession of a fraudulent Permanent Resident card, also known as a “green card,” and a fraudulent Social Security card immediately prior to his first deportation.
Perez-Astello was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Perez-Astello was sentenced to eight 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.
Perez-Astello 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 investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-2030.
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Hartley Man Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
Joe Ripka, 34, from Hartley, Iowa, pled guilty on August 1, 2022, to being a prohibited person in possession of a firearm. Ripka was previously convicted of Failure to Affix Drug Stamp, in the Iowa District Court for Emmet County, on October 23, 2017. This conviction prohibits a person from possessing a firearm.
Evidence at the plea hearing showed that on December 22, 2021, law enforcement observed the vehicle Ripka was driving without any license plates. During the stop, Ripka displayed signs of impairment. A K9 was deployed on the exterior of the car and indicated the presence of controlled substances from within, at which time Ripka stated there was a firearm in the car and acknowledged he was a felon. Law enforcement uncovered a .380 handgun in the driver’s door. Later, upon inspection of the officer’s vehicle near where Ripka had been seated on December 22, 2021, the arresting officer located a pack of cigarettes wedged between the seats which contained 1 gram of methamphetamine.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Ripka remains in custody of the United States Marshal pending sentencing. Ripka faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and not more than 3 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.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Cherokee County Sheriff’s Office, Cherokee 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 22-4041. Follow us on Twitter @USAO_NDIA.