Northern District of Iowa
Press releases recorded for this federal judicial district.
Sioux City-Based Physician Group, Tri-State Specialists, L.L.P., Agrees to Pay over $600,000 to Resolve False Claims Act AllegationsRead the Press Release
Tri-State Specialists, L.L.P. (Tri-State), has agreed to pay $612,501.44 to the United States, the State of Iowa, and the State of South Dakota to resolve allegations that it violated the False Claims Act by billing Medicare, Medicaid, TRICARE, and the Federal Employees Health Benefits Program for medically unnecessary procedures and for procedures in excess of those actually performed.
The government alleged that, from August 2014 until August 2019, Tri-State submitted false claims for payment to government healthcare programs for surgical procedures and office visits performed by a plastic surgeon who previously was a partner with Tri-State. The government contended that claims submitted during this period violated the False Claims Act in three ways. First, the government alleged that the surgeon performed cosmetic procedures not reimbursable by government healthcare programs, including panniculectomies and abdominoplasties (also known as tummy tucks) and cosmetic breast reductions, that were falsely billed as medically necessary procedures. Second, the government alleged that the surgeon did not perform services sufficient to justify billing for high-value muscle flap and adjacent tissue transfer surgical procedures. Third, the government alleged that the surgeon did not perform services sufficient to bill for high-value office visits that require a comprehensive exam, comprehensive history, and detailed supporting documentation for patients that require moderately or highly complex medical decision making.
The United States alleged that Tri-State was liable for the surgeon’s acts both because the surgeon was an agent of Tri-State and because Tri-State knew of the surgeon’s acts.
“False Claims Act investigations and enforcement are critical in protecting the government healthcare programs upon which millions of Americans depend. We will continue to vigorously investigate allegations of over-billing and medically unnecessary services in this district,” said United States Attorney Sean Berry.
“We work tirelessly alongside our law enforcement partners to investigate allegations of false billing and to ensure the appropriate use of U.S. taxpayer dollars,” said Curt L. Muller, Special Agent in Charge with the U.S. Department of Health and Human Services Office of Inspector General. “Excessive claims to Federal healthcare programs compromise the efficiency of these programs and deprive these programs of critical resources.”
“As the investigative arm of the Department of Defense’s Office of Inspector General (DoD IG), one of the primary missions of the Defense Criminal Investigative Service (DCIS) is to safeguard valuable taxpayer dollars that fund programs such as Tricare, the military’s health care system,” said Acting Special Agent in Charge Gregory P. Shilling of the DCIS Southwest Field Office. “Today’s settlement is a testament to the resolve of our agents and our partners in investigating allegations of false claims and protecting taxpayer dollars.”
“The integrity of the Federal healthcare programs is threatened when providers submit false claims,” said Amy K. Parker, Special Agent in Charge with the Office of Personnel Management, Office of the Inspector General (OPM OIG). “The OPM OIG is committed to working closely with our law enforcement partners in order to investigate allegations of fraud in order to protect taxpayer funds.”
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 Tri-State are allegations only; there was no determination or admission of liability.
The case was handled by Assistant United States Attorneys Melissa A.
Carrington and Matthew K. Gillespie and the State of Iowa Attorney General’s Office and investigated by the United States Department of Health and Human Services, Office of Inspector General; the United States Department of Defense Office of Inspector General, Defense Criminal Investigative Service; the United States Office of Personnel Management, Office of the Inspector General; and the State of Iowa’s Medicaid Fraud Control Unit.
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Jesup Man Sentenced to Federal Prison for Failing to Forward Taxes He Withheld from His Employees' PaychecksRead the Press Release
A former business owner who withheld federal taxes from his employees’ paychecks but did not forward the money withheld to the Internal Revenue Service (“IRS”) was sentenced today to 21 months in federal prison.
Mark Warm, age 57, from Jesup, Iowa, received the prison term after a September 2, 2021 guilty plea to one count of willful failure to pay over employment taxes to the IRS.
In a plea agreement, Warm admitted that he was the owner of Warm Trucking, Incorporated and was responsible for the company’s finances. Warm admitted that, from 2013 through 2019, he was responsible for withholding income taxes and Federal Insurance Contributions Act (“FICA”) taxes from the pay of Warm Trucking employees and was responsible for forwarding those withholdings to the IRS. However, Warm admitted that for those seven tax years, he failed to forward the money he withheld from his employees’ pay to the IRS, even though he knew he was required to do so. In the plea agreement, Warm admitted he also failed to pay to the IRS other taxes owed by Warm Trucking. In total, Warm failed to send the IRS more than $1,400,000 in taxes owed by Warm Trucking.
Warm was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Warm was sentenced to 21 months’ imprisonment. He was ordered to make $1,406,561.66 in restitution to the IRS. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
“Mr. Warm’s failure to pay employment taxes for seven years was an attempt to dodge his obligations to his employees and to the United States,” said United States Attorney Sean Berry. “Our system and our citizens depend upon employers like Mr. Warm to pay what they owe in employment taxes. This sentence shows that willfully failing to do so is a crime and there will be consequences.”
“Today’s sentencing sends a message that paying both individual and business taxes is an obligation you will be held to. When Mr. Warm made the decision to evade paying his employment taxes, he made a conscious decision to cheat his employees and all law abiding tax-payers,” said IRS-Criminal Investigation Special Agent in Charge, Tyler Hatcher of the St. Louis Field Office. “As the 2022 tax season gets underway, IRS-CI wants it to be clear that, along with the Department of Justice, we will investigate and hold accountable those who cheat our tax system and cause harm to others.”
Warm was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Internal Revenue Service Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-1023.
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21-Year-Old Sioux City Man Sentenced to More Than 7 Years in Federal Prison for Illegal Possession of a FirearmRead the Press Release
A Sioux City man, who shot a man in the calf after an argument, was sentenced January 7, 2022, to more than 7 years in federal prison.
Alejandro LaPointe, also known as, “Lil Aztek” or “Lil Tek”, age 21, from Sioux City, Iowa received the prison term after an August 23, 2021, guilty plea to possession of a firearm by a prohibited person.
Evidence in the case revealed on or about February 10, 2021 a victim told police he had been chased from a residence, subjected to a warning shot, threatened with a gun, and actually shot in the calf as he fled. The victim identified “Lil Tek” (i.e., LaPointe) as the shooter. Outside of the residence, where the shooting took place, a blood trail, a mushroomed bullet, and bullet jacket fragment were found. LaPointe, along with others, was discovered inside the home. He was shirtless but wearing pants. He was searched by police and a shell casing was found in LaPointe’s pants. During a subsequent search of the home, a .357 revolver, wrapped in a shirt, was discovered in a hole in a wall. A quantity of methamphetamine, and a syringe were also located in other areas of the residence. Forensic analysis confirmed the .357 revolver had fired the mushroomed bullet and jacket fragment found outside the back door of the residence and was consistent with the spent casing found on LaPointe.
LaPointe has an extensive criminal history including convictions for Arson, Felon in Possession of a Firearm, Absence from Custody, and Eluding a Peace Officer. The details of these convictions include the fact that LaPointe attempted to burn a gang rival to death in one attack and threw Molotov cocktails during another.
LaPointe was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. LaPointe was sentenced to 90 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.
LaPointe is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Sioux City, Iowa Police Department and 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 21-4033.
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Fort Dodge Man Sentenced to Federal Prison for Child PornographyRead the Press Release
A man who received child pornography was sentenced December 3, 2021, to 10 years in federal prison.
Billy Jack Canavan, age 48, from Fort Dodge, Iowa, received the prison term after an August 9, 2021, guilty plea to receipt of child pornography.
In a plea agreement, Canavan admitted that from April 13, 2018, to October 21, 2019, he received visual depictions of minors engaged in sexually explicit conduct. In July of 2019, The National Center for Missing and Exploited Children (NCMEC) received a cyber tip from Dropbox, Inc. of an account registered to a user in Fort Dodge that contained child pornography. The Fort Dodge/Webster County Cyber Crimes Unit executed a search warrant on the Dropbox account and seized a hard drive containing additional images and videos of prepubescent minors engaging in sexually explicit conduct. Canavan confirmed the Dropbox account belonged to him and he knowingly received the child pornography through the account. On October 25, 2019, law enforcement executed a search warrant on Canavan’s residence and seized a Google Pixel cellular phone, Samsung Galaxy J7 Sky Pro, a Cool Pad cellular phone, and Toshiba hard drive. Canavan admitted to using these devices to access multiple online accounts in which he stored child pornography that he had received over the internet, including inter alia MEGA Ltd, Kik, and Dropbox.
Canavan was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Canavan was sentenced to 120 months’ imprisonment. He was ordered to make $15,000 in restitution to the victims. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Canavan is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Mikala Steenholdt and Timothy Duax and investigated by Webster County Sheriff’s Office and the Fort Dodge Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-3054.
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Cedar Rapids Man Receives 140 Years in Federal Prison for Child Sexual Exploitation OffensesRead the Press Release
A man who sexually exploited two girls and committed child pornography offenses was sentenced on January 18, 2022, to 140 years in federal prison.
Nathan Nosley, age 30, of Cedar Rapids, Iowa, received the sentence after a June 9, 2021 jury verdict finding him guilty of sexual exploitation of children, distribution of child pornography, receipt of child pornography, three counts of possession of child pornography, and accessing child pornography.
The evidence at trial showed that, between 2018 and 2020, Nosley persuaded, induced, and enticed two girls to produce and send him pornographic images of themselves. Nosley also distributed child pornography to others, used cell phone apps to receive child pornography, used a cell phone to access child pornography, and possessed child pornography on a cell phone, on a memory card, and in an e-mail account. The evidence at trial and sentencing also showed that, prior to these offenses, defendant sexually abused a seven-year-old-girl.
Nosley was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Nosley was sentenced to 1,680 months’ imprisonment. He was also ordered to make $12,000 in restitution to four victims depicted in child pornography he possessed. He also must serve a five-year term of supervised release after the prison term, and he must comply with all sex offender registration and public notification requirements.
“This case is a tragic example of the dangers children face on the internet.” said United States Attorney Sean Berry. “Child predators are constantly trying to manipulate kids into having sex or providing sexually explicit photos. We all must do our parts to prevent these crimes. Parents and loved ones should talk to kids about the dangers lurking on the internet and monitor what kids are doing online.”
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, Homeland Security Investigations, the Iowa State Patrol, and the Marion Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 20-101.
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Wiretap Leads to Vinton Man’s Guilty Plea to Conspiring to Distribute HeroinRead the Press Release
A man who conspired to distribute heroin, fentanyl, and other synthetic opioids pled guilty today in federal court in Cedar Rapids.
Ryan Rick Schlitter, age 39, from Vinton, Iowa, was convicted of one count of conspiracy to distribute heroin.
In a plea agreement, Schlitter admitted that he obtained distribution quantities of heroin through a group of heroin dealers based out of Cedar Rapids. During a federal wiretap investigation in 2021, investigators intercepted calls between one of the dealers and an associate of Schlitter’s. After the intercepted calls, Schlitter and his associate drove to meet with the dealer. The associate purchased over seven grams of a substance containing heroin, fentanyl, and the synthetic opioids acetyl fentanyl, para‑fluorofentanyl, and metonitazene. Officers stopped the vehicle and seized the drugs, which Schlitter admitted that he possessed and intended to distribute to others. Schlitter also admitted that, in June 2021, he sold $200 worth of a substance containing heroin, acetyl fentanyl, and fentanyl during an undercover operation in Cedar Rapids.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Schlitter remains in custody of the United States Marshal pending sentencing. Schlitter faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and a lifetime of supervised release following any imprisonment.
The case 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 and 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 21‑CR‑00032‑10‑CJW‑MAR.
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21-Year-Old Sioux City Man Sent to Federal Prison for Firearm OffenseRead the Press Release
A three-time convicted felon who unlawfully possessed a gun was sentenced January 12, 2022, to 6 years in federal prison.
Austin Rockwood, age 21, from Sioux City, Iowa, received the prison term after a September 8, 2021, guilty plea to one count of possession of a firearm by a felon. Rockwood was previously convicted of three separate felony convictions.
Evidence in this case revealed Rockwood’s unlawful possession on or about February 11, 2021 was discovered when he was spotted following an unmarked law enforcement unit. Marked law enforcement units attempted a traffic stop, and Rockwood fled in the car with the firearm. Rockwood eluded officers, at first, by recklessly disregarding the rules of the road and the safety of the motoring public. Later he abandoned the vehicle, fled on foot with the loaded firearm in hand, and hid the weapon in the freshly fallen snow.
Rockwood’s violent criminal history includes a 2017 conviction for willful injury causing serious injury, a 2019 conviction for domestic abuse assault, and a 2019 conviction for burglary. During the burglary, Rockwood and another forced their way into an occupied structure, and while defendant physically attacked the victim, the other man – defendant’s confederate -- threatened the victim with a gun.
Rockwood was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Rockwood was sentenced to 72 months’ imprisonment. Rockwood must also serve a 3-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.
Rockwood is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Sioux City, Iowa Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-4049.
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20-Year-Old Sergeant Bluff Man Sentenced to Federal Prison for Possession of FirearmsRead the Press Release
A Sergeant Bluff man who possessed guns while being an unlawful user of controlled substances was sentenced January 13, 2022 to more than 4 years in federal prison.
Rafael Wellesley Gomez, age 20, also known as “Danger” from Sergeant Bluff, Iowa received the prison term after a September 23, 2021, guilty plea to possession of firearms by a drug user.
Evidence in the case revealed Gomez’s illegally possessed six guns while being an unlawful user of marijuana. The guns were found during a search warrant of Gomez’s residence in Sergeant Bluff, Iowa during a murder investigation. When law enforcement entered the residence, Gomez failed to comply with officers’ orders to put his hands in the air and law enforcement observed him placing his hands in the pockets of his jeans and near his waistband. Gomez continued to disregard law enforcement’s verbal orders and concealed a Walther .380 caliber semi-automatic pistol under the cushion of a nearby couch. Law enforcement later determined that the Walther .380 caliber semi-automatic pistol was loaded with a magazine that contained five rounds of ammunition and had been reported stolen from the area of Sioux City, Iowa, in 2020. Another of the weapons, a rifle, was used in a 2021 New Year’s Eve homicide in Sioux City, 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.
Gomez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Gomez was sentenced to 57 months’ imprisonment. He must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
Gomez 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 Woodbury County Sheriff’s Office, the Sioux City, Iowa Police Department, and the Sergeant Bluff, Iowa Police Department. 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 21-4036.
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Cedar Rapids Man Sentenced to Five Years in Prison for His Role in Selling HeroinRead the Press Release
A Cedar Rapids, Iowa, man who was involved in the distribution of heroin was sentenced today to five years in federal prison.
Antoine D. Jackson, age 35, from Cedar Rapids, Iowa, received the prison sentence after a June 21, 2021 guilty plea to conspiracy to distribute at least 100 grams of heroin.
Evidence at the plea and sentencing hearings showed that in 2017 and 2018, Jackson and one other individual worked together to sell heroin in the Cedar Rapids area. In January 2018, investigators conducted a wiretap investigation of a phone operated by Jackson’s accomplice. Multiple people called the phone daily to arrange for heroin deals. Jackson’s accomplice would set up the deal, but Jackson would show up to deliver the heroin. Jackson generally distributed .2 gram of heroin per transaction. In total, Jackson personally distributed at least 46 grams of heroin.
Jackson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Jackson was sentenced to 60 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term and pay a $100 special assessment fee. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Ashley Corkery and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration Cedar Rapids Resident
Office, the Iowa Division of Narcotics Enforcement, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Cedar Rapids Police Department, and the Linn County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-6.
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Storm Lake Man Pleads Guilty to Illegal Firearm PossessionRead the Press Release
A man who illegally possessed a firearm and ammunition pled guilty January 6, 2022, in federal court in Sioux City.
Leonard Weimer, 47, from Storm Lake, Iowa, was convicted of illegal possession of a firearm and ammunition. Weimer was previously convicted of felony offenses including Terrorism, Burglary, and controlled substance offenses. Each of these convictions prohibited Weimer from legally possessing firearms or ammunition.
At the plea hearing, evidence showed that on April 2, 2021, Storm Lake law enforcement stopped a vehicle for a traffic violation. Weimer was the driver and sole occupant of the vehicle. It was determined Weimer was barred from driving, therefore was placed under arrest. During a search of Weimer at arrest, law enforcement discovered a small amount of methamphetamine and several rounds of .22 ammunition in Weimer’s pocket. Weimer admitted to being a felon. A drug detection K-9 was then deployed on the vehicle and indicated to the presence of controlled substances. A search of the vehicle uncovered a .22 Marlin Rifle and additional .22 ammunition.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Weimer remains in custody of the United States Marshal pending sentencing. Weimer 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.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Buena Vista County Sheriff’s Office, Storm Lake Police Department, Sac County Sheriff’s Office, 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 21-4058.
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Marijuana User Subject to a No-Contact Order Sentenced to Six Months in Prison for Possessing a FirearmRead the Press Release
A man who unlawfully possessed a firearm was sentenced today to six months in federal prison.
Daric Lawrence, age 36, from Dubuque, Iowa, received the prison term after an August 10, 2021 guilty plea to possession of a firearm by a prohibited person.
At the guilty plea, Lawrence admitted that, on February 26, 2021, he knowingly possessed a firearm, a 9mm pistol, as a prohibited person. Lawrence was prohibited from possessing a firearm because he was an unlawful user of marijuana and because he was subject to a state court order restraining him from harassing, stalking, or threatening an intimate partner. Shortly after midnight on February 26, a Dubuque police officer stopped Lawrence’s car for running a red light. During the traffic stop, Lawrence told the police officer that he had a gun in his waistband and that he had used marijuana earlier that evening. Lawrence also told the police officer that there was a no contact order in place against him.
Lawrence was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Lawrence 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.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-1014.
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Failing to Register as a Sex Offender Lands Washington Man in Prison for over Two YearsRead the Press Release
A man who lived and worked in Black Hawk County, Iowa, for nearly two years and failed to register as a sex offender was sentenced today to more than two years in federal prison.
Dean Christopher Upton, age 36, from Auburn, Washington, received the prison term after a June 21, 2021 guilty plea to failing to register as a sex offender.
At the guilty plea, Upton admitted that between the Spring of 2018 and February 2020, he lived and worked in Iowa and knowingly failed to register as a sex offender. Upton was required to register as a sex offender based on a prior 2015 conviction for assault with a sexual motivation in the state of Washington. Upton intentionally chose not to register as a sex offender and was apprehended while hiding in a cardboard box at his mother’s house in Waterloo.
Upton was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Upton was sentenced to 30 months’ imprisonment and fined $100. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Upton 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 Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2058-CJW.
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Dubuque Fentanyl and Heroin Dealer Sent to Federal PrisonRead the Press Release
A Dubuque man that intended to distribute fentanyl and heroin was sentenced today to more than 3 years in federal prison.
Samson S. Jackson, age 35, from Dubuque, Iowa, received the prison term after a July 28, 2021 guilty plea to one count of possession with intent to distribute a controlled substance.
In a plea agreement, Jackson admitted that, on April 10, 2020, law enforcement officers searched his residence in Dubuque and recovered over 20 grams of a heroin/fentanyl mixture and over 9 grams of heroin. Jackson admitted that he intended to distribute some or all of the heroin and heroin/fentanyl mixture to another person.
Jackson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Jackson was sentenced to 41 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.
Jackson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dillan Edwards and investigated by the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1028.
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Cedar Rapids Man Sentenced to over Four Years in Federal Prison for Being a Felon in Possession of a FirearmRead the Press Release
A felon who possessed a firearm was sentenced today to 57 months in federal prison.
Leon Sheley, age 24, of Cedar Rapids, Iowa, received the sentence after a July 19, 2021 guilty plea to one count of being a felon in possession of a firearm. At the plea hearing, Sheley admitted that, on May 20, 2020, he knowingly possessed a pistol after having been convicted of three crimes punishable by more than one year of imprisonment. Sheley admitted he had prior convictions for theft in the second degree in 2016, theft in the first degree in 2016, and escape from custody in 2017.
Sheley was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Sheley was sentenced to 57 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Cedar Rapids Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR 21-17.
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Sloan Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced January 5, 2022, in federal court in Sioux City.
Brett Michael Walking Eagle, 42, from Sloan, Iowa, pled guilty April 15, 2021, to conspiracy to distribute methamphetamine within 1000 feet of a protected location.
At the hearings, evidence showed that on or about December 2, 2019, Walking Eagle had a discussion with another individual regarding the sale of meth. Walking Eagle instructed the individual to travel to the Boys and Girls Home parking lot in Sioux City, Iowa to meet with a coconspirator who would provide the methamphetamine. Law enforcement then apprehended the coconspirator at the Boys and Girls Home as he was waiting to distribute the methamphetamine.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Walking Eagle remains in custody of the United States Marshal until he can be transported to a federal prison. Walking Eagle was sentenced to 70 months’ and must serve an 8-year term of supervised release following imprisonment. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by 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 20-4086. Follow us on Twitter @USAO_NDIA.
Man Who Was High on Methamphetamine with a Loaded Handgun in Cell Phone Store Bathroom Pleads GuiltyRead the Press Release
A man who was found under the influence of methamphetamine in a Dubuque, Iowa, cell phone store bathroom with a loaded handgun pled guilty January 5, 2022, in federal court in Cedar Rapids.
Austin Matthew Oberbroeckling, age 27, from Farley, Iowa, was convicted of one count of possession of a firearm by an unlawful drug user.
In a plea agreement, Oberbroeckling admitted that, in August 2019, the Dubuque Police Department received a call of a suspicious individual at a Dubuque cell phone store. A responding officer arrived and found Oberbroeckling inside the bathroom near the sink. A .40 caliber handgun loaded with 14 rounds in the magazine and one in the chamber was located on the tank of the toilet. Oberbroeckling had red, watery eyes, poor balance, and seemed to be lethargic and twitching. His Blood Alcohol Content was only .01, but later testing of his urine determined that Oberbroeckling had methamphetamine and biproducts of heroin and fentanyl in his system.
Oberbroeckling also admitted in the plea agreement that in August 2021, he was present at a hotel in Dubuque where drug paraphernalia was seen by hotel staff. When hotel staff told Oberbroeckling that the police would be called, Oberbroeckling and another occupant took some items and left the hotel. Hotel staff, and then police, found two shotguns in the room and various items of drug paraphernalia. Police found Oberbroeckling’s vehicle still parked outside the hotel the next day and obtained a search warrant for it. Inside the vehicle, officers found a bag containing a shotgun with a shortened (sawed-off) barrel. Oberbroeckling admitted he possessed the sawed-off shotgun found in his vehicle.
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 Judge C.J. Williams will be set after a presentence report is prepared. Oberbroeckling remains in custody of the United States Marshal pending sentencing. Oberbroeckling faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case was investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and 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 21‑CR‑1026‑CJW‑MAR.
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Sioux City Man Pleads Guilty to Meth ChargesRead the Press Release
A man who possessed meth with intent to distribute pled guilty January 4, 2022, in federal court in Sioux City.
Kory Mammen, 51, from Sioux City, Iowa, was convicted of possession with intent to distribute methamphetamine. In 2012, Mammen was convicted in the United States District Court for the Northern District of Iowa of conspiracy to distribute methamphetamine and possession with the intent to distribute methamphetamine.
At the plea hearing, evidence showed that on March 26, 2021, Mammen was stopped by law enforcement for a traffic violation in Sioux City, Iowa. During the traffic stop, a K-9 was deployed and indicated to the presence of controlled substances from within the car. Mammen admitted to officers that something illegal would be in the truck but did not say what it was. A search of the vehicle revealed a black bag under the driver’s seat which contained two syringes and 17 smaller bags containing a total of 42.88 grams of methamphetamine. Mammen planned to distribute some or all of the methamphetamine to others. On November 15, 2021, during Mammen’s arrest on the charges in this case, he again had several baggies on his person which contained approximately 65 grams of methamphetamine mixture.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Mammen remains in custody of the United States Marshal pending sentencing. Mammen faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, an $8,000,000 fine, and at least eight years of supervised release following any imprisonment.
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 21-4091. Follow us on Twitter @USAO_NDIA.
Operator of Illegal Pharmacy Pleads GuiltyRead the Press Release
A man who illegally sold thousands of doses of controlled substances and prescription drugs pled guilty today in federal court in Cedar Rapids.
Jon Stidham, age 57, from McClelland, Iowa, was convicted of conspiracy to deliver, distribute or dispense methyltestosterone, a Schedule III controlled substance, by means of the Internet without a valid prescription and without complying with federal and Iowa licensing requirements, and one count of conspiracy to introduce misbranded drugs into interstate commerce with intent to defraud or mislead and to commit mail fraud.
In a plea agreement, Stidham admitted that he operated a business called Kennel Supply, LLC. Kennel Supply supplied a variety of items used for the operation of kennels and the care of farm animals at the brick-and-mortar location. On the Internet, Kennel Supply sold controlled substances and non-controlled prescription drugs that require prescriptions to lawfully dispense to the ultimate user. From 2015 through October 12, 2018, Stidham distributed and sold over 300,000 doses of methyltestosterone, a controlled substance, without valid prescriptions. He illegally profited by over $324,000. During that same time-period, Stidham illegally distributed over 50 types of prescription drugs without a valid prescription or authorization, and illegally profited over $200,000.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Stidham remains free on bond pending sentencing. Stidham faces a possible maximum sentence of up to 15 years’ imprisonment, a $750,000 fine, $200 in special assessments, and up to life on supervised release following imprisonment. The plea agreement also includes an agreement that Stidham will forfeit illegal profits of $527,510 to the United States.
The case is being prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated by the Drug Enforcement Administration, U.S. Food & Drug Administration Office of Criminal Investigation, and Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-01036.
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Illinois Man Pleads Guilty to Illegal Possession of FirearmsRead the Press Release
A man who illegally possessed guns pled guilty on January 4, 2022, in federal court in Cedar Rapids, Iowa.
Dillon D. Grundman, age 23, from Inverness, Illinois, was convicted of being an unlawful drug user in possession of multiple firearms.
In a plea agreement, Grundman admitted to traveling to Iowa and possessing three pistols. Law enforcement was investigating the shooting of a residence in Waterloo, Iowa. Prior to the shooting, Grundman had sent a “snap” of the rear of the residence from his Snapchat Account. Officers located Grundman and searched a local residence to which he was connected and located evidence. In the plea agreement, Grundman admitted that at the time he possessed the firearms, he was an unlawful user of marijuana.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Grundman remains in custody of the United States Marshal pending sentencing. Grundman faces a possible maximum sentence of 10 years’ imprisonment, a fine of not more than $250,000, and up to three years of supervised released following any term of 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 Special Assistant United States Attorney Jason D. Norwood and was investigated by a Federal Task Force composed of the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 21‑CR‑02040.
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Albert City Woman Sentenced to 30 Days Imprisonment for Money LaunderingRead the Press Release
A woman who laundered funds from her illegal business was sentenced on January 4, 2022 to 30 days’ imprisonment. Yesenia Ledesma-Ledezma, age 23, from Albert City, Iowa, received a prison term after pleading guilty on August 9, 2021, and agreeing to forfeit property acquired with proceeds from her illegal business.
At a plea hearing, Ledesma-Ledezma admitted that on April 9, 2020, she engaged in money laundering by purchasing a home for approximately $65,000 with proceeds derived from her extensive business operations which involved smuggling counterfeit goods into the United States and trafficking those counterfeit goods. The counterfeit goods known to law enforcement had an approximate domestic value of over $370,000, and defendant took in a profit of at least $65,000 from her counterfeit trafficking and smuggling activities.
Ledesma-Ledezma was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Ledesma-Ledezma was sentenced to 30 days’ imprisonment. She must also serve a two-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 Homeland Security Investigations and the United States Postal Inspection Service.
Ledesma-Ledezma is to surrender to the Bureau of Prisons on a date yet to be set.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 21-4063.
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Former Go Cedar Rapids Executives Charged with Bank FraudRead the Press Release
Aaron McCreight, 46, from Dothan, Alabama, has been charged with one count of bank fraud. Doug Hargrave, 54, from Puyallup, Washington, has also been charged with one count of bank fraud. The charges are contained in two Informations filed today in United States District Court in Cedar Rapids, Iowa.
The Informations allege that McCreight, who was then President and CEO of Go Cedar Rapids (“GoCR”), and Hargrave, who was then GoCR’s Finance Director, executed a scheme to defraud a Cedar Rapids bank in connection with loans to GoCR that were used to finance Newbo Evolve, a three-day music and cultural event staged by GoCR during August 2018 that featured concerts by the band Maroon 5 and singer Kelly Clarkson.
The Informations also allege that McCreight and Hargrave defrauded the Cedar Rapids bank by making misrepresentations about Newbo Evolve’s ticket sales, projected revenue, projected expenses, and the true amount of loss that McCreight and Hargrave expected Newbo Evolve to generate. Based on these misrepresentations, McCreight and Hargrave fraudulently induced the Cedar Rapids bank to loan GoCR hundreds of thousands of dollars to be used to finance Newbo Evolve.
If convicted, McCreight and Hargrave each face a possible maximum sentence of 30 years’ imprisonment, a fine, and a period of supervised release following any imprisonment.
The court will set first appearance dates for McCreight’s and Hargrave’s arraignments.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by United States Attorney Sean R. Berry and Assistant United States Attorney Kyndra Lundquist and was investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The McCreight case file number is 22-CR-00002. The Hargrave Case file number is 22-CR-00001.
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U.S. Attorney’s Office Settles ADA Dispute with YMCA of Spencer, IowaRead the Press Release
The YMCA of Spencer, Iowa, has agreed to settle a dispute regarding an allegation that it violated the Americans with Disabilities Act (ADA) by failing to reasonably modify its policies, practices, and procedures, resulting in the exclusion of a child diagnosed with Autism Spectrum Disorder (ASD) from its programs.
The YMCA of Spencer, Iowa, cooperated with the United States Attorney’s Office during its investigation.
“Ensuring that children with disabilities, and their families, have equal access to public accommodations goes to the heart of the ADA’s promises and protections,” said United States Attorney Sean R. Berry. “I commend the YMCA of Spencer, Iowa, for working with us.”
Under the settlement agreement, the YMCA of Spencer, Iowa, has agreed to adopt a non-discrimination policy and to institute policies and procedures to evaluate members’ requests for modifications to ensure ADA compliance. In addition, the settlement agreement prohibits staff from performing restraints on minors on YMCA premises.
The ADA prohibits discrimination against people with disabilities by public accommodations, including childcare providers and places of recreation. Among other things, public accommodations must allow people with disabilities the full and equal enjoyment of their goods, services, and facilities. They must make reasonable modifications of their policies, practices, and procedures if necessary to avoid discrimination.
Individuals in the Northern District of Iowa who believe their civil rights may have been violated may submit their complaints by e-mailing the United States Attorney’s Office at [email protected] or by accessing https://civilrights.justice.gov/. For more information on the ADA, or to access publications available to assist entities in complying with the ADA, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).
The case was handled by Assistant United States Attorney Matthew Gillespie and the Disabilities Rights Section of the United States Department of Justice.
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Convicted Felon Who Shot at a Group of Teenagers and Hit a Parked Car Sentenced to a Decade in Federal PrisonRead the Press Release
A convicted felon who unlawfully possessed a gun he fired at a group of teenagers and who had another individual buy two guns for him less than a week later was sentenced today to ten years in federal prison.
Dmontrey Rayshawn Redmond, age 24, from Cedar Rapids, Iowa, received the prison term after a July 7, 2021 guilty plea to one count of being a felon in possession of a firearm.
Information from the sentencing hearing showed that, on November 29, 2020, Redmond exited a house into an alley in Cedar Rapids. A group of five teenagers was walking in the alley. They began to run as Redmond exited the house. Redmond pointed a handgun towards the group and fired in their direction. None of the teenagers were hit, but a nearby parked car was struck. Redmond went back into the house while tucking the gun into his pants.
Law enforcement responded to the scene of the shooting. During the investigation of the shooting, officers searched Redmond’s home and found a loaded Glock handgun. Officers also found nine spent shell casings in the alley that matched the rounds found in the Glock handgun. The spent shell casings were compared to the Glock handgun using the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). The NIBIN comparison showed that the nine rounds were shot from the Glock handgun.
On December 4, 2020, Redmond went to a gun store in Waterloo, Iowa, with another individual named Jamie Marie Graham. Redmond instructed Graham to choose two Glock handguns and a box of .40 caliber ammunition. She did so and began working with a store employee to fill out the paperwork necessary to purchase the guns. Graham lied on the forms, indicating she was the purchaser of the guns. Redmond paid for the guns using a cash card that was in his name. After leaving the store, Redmond took the guns and ammunition.
On December 23, 2020, one of the two Glock handguns that Redmond had obtained on December 4 was located in a house in Cedar Rapids. A friend of Redmond’s was living in the house with another adult and a four-year old child. The Glock handgun was left unsecured in the house. The child got the gun and accidently discharged it. The fired round struck the child in the chin and head causing significant injuries. The child survived the injuries.
Redmond has prior convictions for assault, disorderly conduct – fighting or violent behavior, possession of drugs, theft, providing false identification, robbery, reckless use of a firearm resulting in bodily injury, and trafficking in stolen weapons. During the robbery, Redmond shot the victim of the robbery three times, once in the arm and twice in the legs.
Redmond was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Redmond was sentenced to 120 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. He was also ordered to pay approximately $1,000 in restitution to the owner of the car he shot.
On December 17, 2021, Graham was sentenced to five years of federal probation after previously pleading guilty to making a false statement during the purchase of the two Glock handguns on December 4, 2020.
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 made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
Redmond 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 Cedar Rapids Safe Streets Task Force, the Waterloo Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department and was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-115.
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Convicted Felon Who Ran from Police and Tried to Hide a Loaded Gun Sentenced to Federal PrisonRead the Press Release
A convicted felon who unlawfully possessed a gun he attempted to hide while running from police was sentenced today to more than two years in federal prison.
Ryan Matthew Willis, age 24, Dubuque, Iowa, received the prison term after a September 13, 2021 guilty plea to one count of being a felon in possession of a firearm.
Information from the sentencing hearing showed that, on January 30, 2021, Willis was the passenger in a car driving in Dubuque. Law enforcement attempted to stop the car. The car then led law enforcement on a high-speed chase. The car eventually stopped and three people, including Willis, got out and attempted to flee on foot. While running from the police, Willis stashed a loaded handgun under a tarp. Law enforcement officers found the gun a short time later.
Willis has a lengthy criminal history. He has convictions for aggravated unlawful use of a weapon, possessing drugs, providing false identification, disorderly conduct, theft, criminal mischief, and interference with official acts causing bodily injury. The interference with official acts conviction resulted after Willis ran from law enforcement officers. The officers had to tackle Willis to stop him from running. Two officers received injuries as a result.
Willis was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Willis was sentenced to 30 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Willis 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 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-1021.
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Illinois Felon Sentenced in Iowa After Possessing a Gun and Drugs Inside a Cedar Rapids Wal-MartRead the Press Release
A convicted felon who possessed drugs he intended to distribute and a gun inside a Wal-Mart was sentenced today to more than seven years in federal prison.
Sylvester Cunningham, age 41, from Blue Island, Illinois, received the prison term after a July 13, 2021 guilty verdict following a two-day trial in federal court in Cedar Rapids. Cunningham was convicted of being a felon in possession of a firearm, possessing crack and powder cocaine with the intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime.
The evidence at trial showed that at about 11:00 A.M. on August 7, 2020, Cunningham, who was in a wheelchair, entered the vestibule of a Wal-Mart store in Cedar Rapids. Cunningham moved from his wheelchair into a Wal-Mart electric shopping cart. A short time later, while helping Cunningham look for a lost cellphone, a Wal-Mart employee lifted the cushion of Cunningham’s wheelchair and saw a .357 caliber revolver.
The employee alerted an off-duty Cedar Rapids Police Department officer who was providing security for the store. The officer retrieved the gun. After finding out that Cunningham was on federal supervised release for a prior gun charge, police officers arrested him. While searching him as part of the arrest, officers located thirteen individual baggies of crack and powder cocaine concealed in Cunningham’s clothing.
Prior to August 7, 2020, Cunningham had received two felony convictions. First, in 2004, Cunningham was convicted of felony operating while intoxicated in Illinois. Second, in 2012, Cunningham was convicted of being a felon in possession of a firearm in the federal district court for the Northern District of Iowa. In the 2012 case, Cunningham was found in possession of a rifle after he crashed a car he was driving in Cedar 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.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and Special Assistant United States Attorney Devra Hake and investigated by the Cedar Rapids Police Department and the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, the Marion Police Department, and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-104.
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Father Sentenced to Federal Prison for Conspiring with Daughter to Distribute Crack CocaineRead the Press Release
A Dubuque man who conspired with his daughter to distribute crack cocaine was sentenced today to more than three years in federal prison.
Kendell Lamont Thomas, age 47, from Dubuque, Iowa, received the prison term after a June 22, 2021 guilty plea to one count of conspiracy to distribute a controlled substance.
In a plea agreement, Thomas admitted that he conspired with his daughter to distribute crack cocaine, both utilizing the same cell phone. Information disclosed at sentencing showed that Thomas and his daughter distributed over 500 grams of crack cocaine by conducting approximately 1,000 drug-related transactions during an eight-month period in Dubuque in 2020.
Thomas was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Thomas was sentenced to 37 months’ imprisonment, and he must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Thomas is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dillan Edwards and investigated by the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-01043.
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Investigation of Domestic Abuse, Leads to Humboldt Man Being Sentenced to Federal Prison for Felon in Possession of a Sawed-Off ShotgunRead the Press Release
A Humboldt, Iowa man who possessed a sawed-off shotgun was sentenced December 15, 2021 to 8 years in federal prison.
Levi Goodell, age 26, from Humboldt, Iowa, received the prison term after a July 28, 2021, guilty plea to possession of a firearm by a felon.
Evidence in the case showed Goodell possessed a sawed-off shotgun, with a barrel less than 18 inches in length, that was not registered to him in the National Firearms Registration and Transferring Record. Goodall possessed the firearm knowing he was prohibited from possessing any firearms as a convicted felon. Goodall has a criminal history consisting of 5 burglaries, an OWI, an assault, and absence from custody.
Law enforcement discovered Levi Goodell’ illegal possession of a sawed-off shotgun and ammunition during an investigation into his kidnapping, assault, harassment, and domestic abuse of another person.
Goodell was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Goodell was sentenced to 96 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.
Goodell is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3011.
The case was investigated by the Humboldt Police Department and the Humboldt County Sheriff’s Office and prosecuted by Assistant United States Attorney Forde Fairchild.
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South Sioux City Man Sentenced to Federal Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
South Sioux City, Nebraska man who conspired to distribute methamphetamine around the tristate area was sentenced December 17, 2021, to 10 years in federal prison. Jose Elorza, age 25, received the prison term after an August 5, 2021, guilty plea to conspiracy to distribute a controlled substance.
In a plea agreement, Elorza admitted to selling methamphetamine (approximately 3 pounds total) in March 2021.
Elorza was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 120 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Elorza 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 Ron Timmons and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4039.
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Cedar Rapids Man Receives over Six Years in Federal Prison for Being a Prohibited Person in Possession of AmmunitionRead the Press Release
A man who possessed ammunition after having prior convictions for felonies and domestic abuse assaults, and who was subject to no contact orders, was sentenced today to 77 months in federal prison.
Daryl Harden, age 41, of Cedar Rapids, Iowa, received the sentence after a June 28, 2021 guilty plea to one count of being a prohibited person in possession of ammunition. At the plea hearing, Harden admitted that, on January 11, 2020, he knowingly possessed five rounds of ammunition after having been convicted of six crimes punishable by more than one year of imprisonment, after having been convicted of nine misdemeanor crimes of domestic violence, and while he was subject to two no contact orders.
Harden was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Harden was sentenced to 77 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Cedar Rapids Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 20-46.
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Waterloo Man Sent Back to Federal Prison for a Year After Escaping from CustodyRead the Press Release
A Waterloo man, who escaped from federal custody was sentenced December 17, 2021, to twelve months in prison.
Darnell Henderson, age 25, from Waterloo, Iowa, received the prison sentence after an August 11, 2021 guilty plea to escape from custody.
Information disclosed at sentencing and at his plea hearing showed that, in October 2019, Henderson was sentenced to 31 months in federal prison after being convicted of possession of a firearm by a felon. As part of his sentence, Henderson was released to the custody of the Gerald Hinzman Center in Cedar Rapids following his release from the Bureau of Prisons. In April 2021, Henderson fled from the Hinzman Center and did not return. He was not located by law enforcement until June 30, 2021.
Henderson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Henderson was sentenced to twelve months’ and one day imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Devra Hake and investigated by the United States Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number 21-CR-27.
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Des Moines Man Sentenced to over 12 Years in Prison for His Role in Importing Methamphetamine from Mexico to IowaRead the Press Release
A Des Moines man who was involved in the importation and distribution of multiple kilograms of methamphetamine was sentenced on December 17, 2021, to over twelve years in federal prison.
Jack Mazariegos-Galicia, age 20, from Des Moines, Iowa, received the prison sentence after a May 24, 2021 guilty plea to conspiracy to distribute methamphetamine.
Evidence at the plea and sentencing hearings showed that, beginning in 2017, law enforcement was investigating a large-scale methamphetamine organization operating out of Mexico. The head of the organization, Mario Hernandez, was in Mexico and worked with others, including Mazariegos-Galicia, to transport kilogram quantities of methamphetamine from Mexico to Iowa. In June 2020, law enforcement conducted a traffic stop of a vehicle occupied by Mazariegos-Galicia and an associate. The stop took place outside of Des Moines and the vehicle had travelled from Texas. Inside the vehicle, officers located nearly 5,000 grams of pure “ice” methamphetamine. Mazariegos-Galicia and his associated had picked up the methamphetamine in Texas and drove it back to Iowa for it to be distributed in Iowa. In total, Mazariegos-Galicia’s role in the group involved over 43,000 grams of methamphetamine.
Mazariegos-Galicia was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Mazariegos-Galicia was sentenced to 151 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.
The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Emily Nydle. This 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 Mid-Iowa Task Force (Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Marshalltown Police Department), Iowa National Guard and Counter Drug Program, Tri-County Task Force (Cedar Falls Police Department, Waterloo Police Department, Black Hawk County Sheriff’s Office), the Federal Bureau of Investigation, the FBI Safe Streets Task Force, the Drug Enforcement Administration, Iowa Division of Narcotics Enforcement, 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 20-CR-2034.
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Sioux City Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced December 16, 2021, to four years in federal prison.
Lawrence Parmelee, 43, from Sioux City, Iowa, received the prison term after a July 29, 2021, guilty plea to conspiracy to distribute methamphetamine.
Evidence showed that Parmelee was involved in a conspiracy from March 2019 through December 2019 that distributed more than 1,300 grams of methamphetamine in the Sioux City area. On August 14, 2019, Parmelee distributed over 26 grams of actual (pure) methamphetamine to an individual cooperating with law enforcement. Parmelee would obtain distribution quantities of methamphetamine for use/redistribution and also assisted others (by driving/ transporting them to/from drug transactions) for which Parmelee was compensated with methamphetamine for use/re-distribution.
Parmelee was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Parmelee was sentenced to 48 months’ imprisonment. Parmelee must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system. Parmelee is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by 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 21-4038.
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Mexican Man Sentenced to Prison for Illegally Reentering the United States After Being Twice DeportedRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to 12 months in federal prison.
Gabriel Marceleno-Lopez, age 29, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a guilty plea on July 28, 2021, to one count of illegal reentry into the United States after having been deported following a conviction for an aggravated felony.
At the guilty plea, Marceleno-Lopez admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Marceleno-Lopez was deported in April 2012 following a February 2012 conviction in the District Court of Ford County, Kansas, in State v. Gabriel Marceleno-Lopez, Case No. 10-CR-579, for aggravated robbery, an aggravated felony. He was deported a second time in March 2017 following a July 2014 felony conviction in the United States District Court for the District of Kansas, in United States v. Gabriel Marceleno-Lopez, Case No. 6:14-CR-10032, for illegal reentry after an aggravated felony conviction.
In May 2021, Marceleno-Lopez came to the attention of immigration agents following his arrest for Harassment of a Public Official and Interference with Official Acts in Black Hawk County, Iowa. These charges are still pending in state court.
Marceleno-Lopez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Marceleno-Lopez was sentenced to 12 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.
Marceleno-Lopez 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 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 21-CR-2035.
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Lying on Form in Order to Buy Guns for a Felon Results in Probation for Waterloo WomanRead the Press Release
A woman who falsified an ATF form to purchase two guns for a felon was sentenced today to five years of federal probation.
Jamie Marie Graham, age 23, from Waterloo, Iowa, received the prison term after a June 25, 2021 guilty plea to one count of making a false statement during the purchase of a firearm.
Court records reflect that Graham met Dmontrey Redmond in late October 2020. Redmond was a felon and could not legally possess or purchase firearms, but Graham agreed to purchase two guns for him in early December 2020. Graham and Redmond entered a gun store in Waterloo, where Redmond selected two pistols and Graham purchased them, using a cash card provided to her by Redmond. After she purchased the pistols, Graham gave them to Redmond. One of the pistols was eventually given to, or purchased by, individuals in Cedar Rapids. Those individuals left the pistol loaded and unsecured inside their home. On December 23, 2020, their four-year-old child found the loaded firearm and accidentally discharged the weapon. The fired round struck the child through the chin and head area and caused significant injuries. The child survived the injuries. The other firearm Graham purchased has not been recovered. Redmond has pleaded guilty to being a felon in possession of a firearm and is awaiting sentencing.
Graham was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Graham was sentenced to five years’ probation.
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 Cedar Rapids Safe Streets Task Force and Waterloo Police Department. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department and was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-115-CJW.
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Melvin, Iowa Man Sentenced to Federal Prison for Meth OffenseRead the Press Release
A man who possessed with intent to distribute methamphetamine was sentenced December 14, 2021, in federal court in Sioux City.
Todd Gruis, 50, from Melvin, Iowa pled guilty on September 7, 2021, to possessing with intent to distribute methamphetamine.
At the hearings, evidence showed that in early 2021 Gruis and a Minnesota man purchased methamphetamine via the “dark web” on multiple occasions. The methamphetamine was purchased by the Minnesota man who would have the packages sent to Gruis’ home. Upon Gruis receiving the packages, the two would coordinate to split the methamphetamine in half.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Gruis will remain in custody of the U.S. Marshals Service until he can be transported to a federal prison. Gruis was sentenced to 31 months’ imprisonment and must serve a 2 year term of supervised release following imprisonment. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by United States Postal Inspection Service, Osceola County Sheriff’s Office, Clay County Sheriff’s Office, and Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4044. Follow us on Twitter @USAO_NDIA.
Fort Dodge Man Pleads Guilty in Federal Court to Failing to Register as a Sex OffenderRead the Press Release
A Fort Dodge man who failed to register as a sex offender pled guilty December 14, 2021, in federal court in Sioux City.
Understanding Born Marshall age 38, from Fort Dodge, Iowa was convicted of failure to register as a sex offender.
In a plea agreement, Marshall admitted that he was residing in Webster County, Iowa and failed to update his address and registration information as required by the Sex Offender Registration and Notification Act. Marshall was previously convicted of two counts of second-degree rape in North Carolina in 2002.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Marshall remains in custody of the United States Marshal pending sentencing. Marshall faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 5 years up to life on supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the United States Marshals Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-3032.
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Former Dubuque Postal Employee Sentenced to Nearly Three Years in Federal Prison for Mail TheftRead the Press Release
A former postal employee who stole hundreds of thousands of dollars-worth of checks from the mail was sentenced today to more than two years in federal prison.
Amy Jurisic, age 38, currently of Carterville, Georgia, and previously from Dubuque, Iowa, received the prison term after a June 14, 2021 guilty plea to one count of mail theft.
Evidence at the sentencing hearing showed that Jurisic worked as a postal clerk for the Dubuque Post Office in 2017 and 2018. Starting in June 2017 and lasting through at least October 2018, Jurisic stole over 60 pieces of mail. Jurisic specifically stole mail that contained checks made out to a business located in Dubuque. Evidence showed that she then gave the checks to an individual in Chicago who was part of a check-cashing operation. The operation would change the names on the check and attempt to deposit the checks into various bank accounts. Overall, Jurisic stole nearly $650,000 in checks. Of that amount, approximately $62,000 was actually deposited into bank accounts. Other checks were flagged as fraudulent and banks did not process the deposits.
Jurisic was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Jurisic was sentenced to 33 months’ imprisonment. She was ordered to make $62,456.33 in restitution to victims. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Jurisic was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the United States Postal Service-Office of Inspector General and the United States Postal Inspection Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1042.
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Sex Offender Sentenced to More than Five Years in Prison for Failing to RegisterRead the Press Release
A convicted sex offender was sentenced December 9, 2021, to more than 5 years in federal prison. Duane Levering, age 36, from Fort Dodge, Iowa, received the prison term after a July 15, 2021, guilty plea to failure to register as a sex offender.
Levering was previously convicted of aggravated sexual abuse of a minor in 2005. Levering knew he was required to register and update his residence information as a sex offender. Later, however, he was caught living in the attic of a home in Ft. Dodge from Spring 2020 to the time of his arrest on December 9, 2020, without registering. Levering has an extensive criminal history, including two prior federal convictions for failure to register as a sex offender, serious assault, aggravated assault, and multiple convictions for disorderly conduct, public intoxication, eluding police, failure to obey police, and theft.
Levering was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Levering was sentenced to 65 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Levering 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 Ron Timmons and investigated by the United States Marshal Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-3011.
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Hartley Man to Federal Prison for Illegal Possession of FirearmsRead the Press Release
A man who was prohibited from possessing firearms was sentenced on December 8, 2021, in federal court in Sioux City.
Jeremy Walters, 40, from Hartley, Iowa, pled guilty on July 15, 2021, to being a prohibited person in possession of firearms.
At the hearings, evidence was presented to show that Walters possessed two assault-style rifles, one with an extra capacity magazine, on January 28, 2021. Walters was previously convicted of conspiracy to manufacture methamphetamine, in the Iowa District Court for Clay County, on or about August 23, 2004. Walters further admitted to being an unlawful user of methamphetamine which prohibited him from possessing guns, and to possession of five ounces of marijuana along with the guns.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Walters was released to self-report to a federal prison once designated. Walters was sentenced to one year and one day imprisonment and must also serve a term of two years of supervised release following the imprisonment. 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.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Bureau of Alcohol, Tobacco, & Firearms, Iowa State Patrol, Iowa DCI, and 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 21-4022. Follow us on Twitter @USAO_NDIA.
Carroll County Man to Federal Prison for Meth and Gun ConvictionsRead the Press Release
A man who conspired to distribute meth while possessing guns was sentenced on December 7, 2021, to more than 11 years in federal prison.
Christopher O’Tool, 43, from Arcadia, Iowa, pled guilty on June 15, 2021, to two counts of conspiracy to distribute methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime.
At the hearings, evidence showed that O’Tool was involved in two conspiracies, one from about January 2016 through June 2016 and another from March 2019 through July 2019, in which he and others distributed more than 4 pounds of methamphetamine. In May and June 2016, O’Tool distributed over 50 grams of methamphetamine to individuals cooperating with law enforcement. On June 2, 2016, law enforcement stopped O’Tool, searched his vehicle and seized one pound of methamphetamine and a .45 caliber handgun, with ammunition. O’Tool admitted to his involvement in the distribution of methamphetamine in and around the Carroll, Iowa area, which he acquired from a source in Omaha, Nebraska. On July 11, 2019, law enforcement agents met with O’Tool and seized two 9mm pistols from O’Tool’s truck. O’Tool again admitted distributing meth in the Carroll, Iowa area.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. O’Tool was sentenced to 136 months’ imprisonment and must serve a 4-year term of supervised release following any imprisonment. There is no parole in the federal system. O’Tool remains in custody pending transport to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Carroll County Sheriff’s Office, Iowa State Patrol, Southwest Iowa Narcotics Enforcement Task Force, Crawford County Sheriff’s Office, Denison Police Department, Carroll Police Department, and Iowa DCI.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-3017. Follow us on Twitter @USAO_NDIA.
Repeat Drug Offender Sentenced to Federal PrisonRead the Press Release
A Cedar Rapids man who was convicted of his second federal drug offense was sentenced today to more than 16 years in federal prison.
Curtis Lee Prescott, age 53, from Cedar Rapids, Iowa, received the prison term after a June 28, 2021 guilty plea to conspiracy to distribute a controlled substance after a conviction for a serious drug offense.
At the guilty plea, Prescott admitted he was involved in distributing methamphetamine between January 2019 and July 2020. Prescott’s criminal history includes felony convictions in seven separate cases with a total of twelve separate felony offenses, including a federal conviction for manufacturing methamphetamine. He has numerous misdemeanor offenses as well, including a conviction for domestic assault involving strangulation.
Prescott was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Prescott was sentenced to 197 months’ imprisonment. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Prescott 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 Emily K. Nydle and 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 Cedar Rapids Police Department; the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Linn County Sheriff’s Office; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Drug Enforcement Administration
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-cr-110-CJW-MAR.
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Possessing Loaded Handgun and Nearly an Ounce of Meth Sends Drug User to Federal Prison for Two YearsRead the Press Release
A methamphetamine user who illegally possessed a loaded handgun was sentenced today to two years in federal prison.
Timothy James Hensley, age 44, from Martelle, Iowa, received the prison term after an August 16, 2021 guilty plea to one count of being an unlawful drug user in possession of a firearm.
Evidence at a prior hearing showed that on October 19, 2020, Hensley was stopped by a Linn County Sheriff’s Deputy for driving a truck with a license plate that belonged to a different vehicle. During the stop, the Deputy learned that Hensley was barred from driving and had an outstanding warrant for failure to appear for court. During a search of Hensley’s person, the Deputy found a container with methamphetamine. During a search of a backpack found on the passenger’s seat, officers found approximately 25 grams of 100% pure methamphetamine and a loaded .45 caliber handgun.
Hensley was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hensley was sentenced to 24 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.
Hensley 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 Linn County Sherriff’s Office and prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21‑CR‑00036‑CJW-MAR.
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Iowa City Felon Who Threw Crack and Loaded Gun from Car Sentenced to over 15 Years in Federal PrisonRead the Press Release
A man who threw a loaded handgun and crack cocaine from a car while being pulled over by police was sentenced today to more than 15 years in federal prison.
Donte Kent, age 33, from Iowa City, Iowa, received the prison term after a May 7, 2021 guilty plea to one count of possession with intent to distribute a controlled substance after a prior felony drug conviction and one count of being a felon in possession of a firearm.
In a plea agreement Kent admitted that on June 27, 2020, he was the passenger in a car involved in a traffic stop in Linn County, Iowa. When the officer activated lights to initiate the traffic stop, Kent began throwing items, including a loaded Ruger 9mm pistol, out of the passenger side window. Kent also threw a bag containing 28 individually wrapped quantities of crack cocaine and a scale. Kent had prior convictions for four domestic abuse assaults, a felony crack cocaine distribution, and another conviction for being a felon in possession of a firearm.
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.
Kent was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Kent was sentenced to 188 total months’ imprisonment, with 188 months for the drug crime and 120 concurrent months for the firearm crime. He must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.
Kent 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 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 and prosecuted by Assistant United States Attorneys Jacob Schunk and Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-00013‑CJW‑MAR.
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Drug User and Felon Sent Back to Federal Prison for Possessing FirearmRead the Press Release
A Cedar Rapids man who possessed an AR-15 style rifle was sentenced December 7, 2021, to two years in federal prison.
John Douglas Clark, age 61, from Cedar Rapids, Iowa, received the prison term after a July 9, 2021 guilty plea to one-count of possession of a firearm by a prohibited person.
Information at sentencing showed that, in April 2020, Clark kept a Palmetto State Armory PA-15 rifle in a gun safe located in his basement. On April 4, 2020, Clark brought the rifle to his place of employment, where he was observed on security camera with a co-worker possessing and handling the firearm, even kissing it. Clark was prohibited from possessing firearms because he was a methamphetamine user and a felon. Clark had previously been convicted in federal court of manufacturing and attempting to manufacture fifty grams or more of methamphetamine.
Clark was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Clark was sentenced to 24 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.
Clark was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Dillan Edwards and investigated by the Cedar Rapids Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-00086.
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Sibley Man Pleads Guilty to Illegal Possession of FirearmsRead the Press Release
A man who illegally possessed guns pled guilty December 2, 2021, in federal court in Sioux City.
Levi Dimmitt, 34, from Sibley, Iowa, was convicted of being a prohibited person in possession of multiple firearms.
At the plea hearing, Dimmitt admitted that he was a user of marijuana and methamphetamine while possessing the guns. As a user of controlled substances, Dimmitt is prohibited from possessing guns. Reports show that law enforcement executed a search warrant on April 24, 2021, at Dimmitt’s residence. Officers searched the residence and located drug paraphernalia, a drug ledger, marijuana, methamphetamine, and four guns.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Dimmitt remains in custody of the United States Marshal pending sentencing. Dimmitt faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Sibley Police Department, 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 21-4062. Follow us on Twitter @USAO_NDIA.
Heroin Dealer Sentenced to 40 Years for Causing DeathRead the Press Release
A man who distributed heroin to a young Cedar Falls, Iowa, woman in 2018 that resulted in her death was sentenced on December 3, 2021, to 40 years in federal prison.
Eric DeAngelo Griggs, age 40, from Chicago, Illinois, received the prison term after an April 29, 2021 jury verdict finding him guilty of distribution of heroin resulting in the death of a young woman and two counts of using a communications facility to facilitate a drug crime.
Evidence at trial showed Griggs was living in the Waterloo, Iowa, area in 2018, and was distributing heroin. On August 31, 2018, Griggs used Facebook Messenger to coordinate a heroin distribution to the victim, who was then a user of heroin. Later that evening, the victim obtained the heroin from Griggs, and died of acute heroin intoxication after using it. After the victim was found the next day, police officers used her cellular telephone to call Griggs to come pick up the victim so he could give her more heroin, resulting in his arrest.
Griggs was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Griggs was sentenced to 480 months’ imprisonment and was ordered to make $16,552.90 in restitution to the victim’s mother for funeral and trial-related expenses. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Griggs is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Patrick Reinert and Dillan Edwards and was investigated as part of the Northern Iowa Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Cedar Falls Police Department, Waterloo Police Department, Black Hawk County Sheriff’s Office, Tri-County Drug Task Force and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2062.
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Large-Scale Methamphetamine Trafficker Sentenced to Federal PrisonRead the Press Release
A woman who trafficked hundreds of pounds of methamphetamine in Iowa was sentenced today to more than seventeen years in federal prison.
Sandra Ann Deyerle, age 30, received the prison term after a May 4, 2021 guilty plea to one-count of conspiracy to distribute a controlled substance and one-count of possession of a firearm in furtherance of a drug trafficking crime.
Information at sentencing showed that, in 2020, Deyerle became involved in a large-scale drug trafficking organization with ties to organized crime in Mexico. On October 30, 2020, after a thorough investigation, law enforcement searched Deyerle’s residence and storage units associated with Deyerle. Law enforcement recovered a gun and 100 grams of heroin from Deyerle’s residence, and 450 grams of heroin and several pounds of methamphetamine from storage units. Deyerle admitted that she had received 200 pounds of methamphetamine during her involvement in the drug trafficking organization.
Deyerle was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Deyerle was sentenced to 210 months’ imprisonment, and she must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Deyerle 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 Dillan Edwards. This 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 Tri-County Drug Enforcement Task Force, the Federal Bureau of Investigation, the Iowa Division of Narcotics Enforcement, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Black Hawk County Sheriff’s Office, the Green County Sheriff’s Office, and the Elbert County, Colorado Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-02014.
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Hamilton County Woman Pleads Guilty to Meth PossessionRead the Press Release
A woman who possessed with intent to distribute methamphetamine pled guilty December 2, 2021, in federal court in Sioux City.
Kelly Beightol, 41, from Webster City, Iowa, was convicted of possessing methamphetamine with intent to distribute. Beightol was previously convicted of Possession of More Than 5 Grams of Methamphetamine With the Intent to Deliver, and Delivery of Less Than 5 Grams of Methamphetamine, in the Iowa District Court for Webster County, on or about December 23, 2015.
At the plea hearing, Beightol admitted that on September 6, 2021, during a traffic stop in Hardin County, Iowa, she was found in possession of about 53 grams of pure methamphetamine and ½ pound of marijuana. Law enforcement also seized indicia of drug distribution, including drug packaging, a digital scale, two cellular telephones, and nearly $1,700 in cash. Beightol said she intended to distribute some or all of the methamphetamine to another person or persons.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Beightol remains in custody of the United States Marshal pending sentencing. Beightol 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.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, the Hardin County Sheriff’s Office, the Iowa Division of Criminal Investigation Laboratory, the Hamilton County Sheriff’s Office and the Webster City Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-3035.
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Des Moines Man Sentenced to over 30 Years in Prison for Distributing Methamphetamine and Two Firearm ChargesRead the Press Release
A convicted felon who distributed nearly a pound of methamphetamine and possessed a gun was sentenced today to more than 30 years in federal prison.
Patrick Miller Webb, age 32, from Des Moines, Iowa, received the prison term after a March 20, 2021 jury verdict finding him guilty of distribution of methamphetamine near a protected location, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a prohibited person.
The evidence at trial showed that Webb drove from Des Moines to Dubuque to sell nearly one pound of methamphetamine during a controlled buy for $6,000. Following the drug sale, officers found a loaded firearm underneath the driver’s seat of Webb’s car, where he had been sitting. The drug distribution occurred inside a carwash that was located within 1,000 feet of a public playground located at Cleveland Park, Dubuque. Webb has a previous felony conviction for possession with intent to deliver methamphetamine and was also a user of methamphetamine and marijuana. Information at sentencing showed that Webb had previously been convicted of two felonies involving controlled substances, which classified him as a career offender.
Webb was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Webb was sentenced to 380 months’ imprisonment. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Webb 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 Alexander Geocaris and Assistant United States Attorney Tony Morfitt and was investigated by the Dubuque Drug Task Force, comprised of the Dubuque Police Department and the Dubuque County Sheriff’s Office, the Iowa Division of Narcotics Enforcement, 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 20-CR-1018.
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Waterloo Man Sent Back to Federal Prison for Possessing Guns While as a Felon and While on Supervised ReleaseRead the Press Release
A man who possessed firearms after finishing his prison terms was sentenced December 1, 2021, to a total of seven years in federal prison.
Jumonie Dontez Wilson, age 21, from Waterloo Iowa, received the prison term after an April 23, 2021 guilty plea to being a felon in possession of a firearm.
In October 2019, Wilson was sentenced to 21 months in prison after pleading guilty to being a drug user in possession of a firearm. In his December 1, 2021, sentencing hearing, Wilson admitted that after being released in October 2020, he violated his supervised release conditions by using marijuana and possessing a firearm. On November 18, 2020, Wilson was at a residence with friends and a gun went off, resulting in life threatening injuries to one of the friends. Wilson later told another person that he and the injured person believed the guns were empty and shot at each other. Wilson was arrested the next day when he ran from law enforcement while tossing a loaded firearm.
Wilson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Wilson was sentenced to 60 months’ imprisonment in the felon in possession case and must serve an additional 24 months’ imprisonment in the 2019 case. 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.
Wilson is being held in the United States Marshal’s custody until he can be returned to federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are is 20-cr-2065 and 19-cr-2018.
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