Northern District of Iowa
Press releases recorded for this federal judicial district.
Honduran Man Sentenced to Prison for Illegally Reentering the United States After Being Deported Five TimesRead the Press Release
A man who illegally returned to the United States after being deported five times was sentenced yesterday to over one year in federal prison.
Carlos Antonio Giron-Amador, age 29, a citizen of Honduras illegally present in the United States and residing in Hampton, Iowa, received the prison term after a guilty plea on November 18, 2020, to one count of illegal reentry into the United States after having been deported following a conviction for a felony.
At the guilty plea, Giron-Amador admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Giron-Amador was deported to Honduras from Texas in September 2011, May 2012, and May 2013. In November 2016, Giron-Amador was convicted in the Iowa District Court for Franklin County for operating while intoxicated (OWI). In March 2017, Giron-Amador was convicted in the Northern District of Iowa of illegally reentering the United States, a felony, and was deported a fourth time in May 2017. In April 2018, Giron-Amador was convicted in Texas of illegally entering the United States, a misdemeanor, and deported a fifth time in September 2018. Giron-Amador most recently came to the attention of immigration agents in October 2020 following an arrest in Franklin County, Iowa, related to his earlier conviction for OWI.
Giron-Amador was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Giron-Amador was sentenced to 13 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.
Giron-Amador is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-3039.
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Estherville Man Sentenced to Prison for MethRead the Press Release
A man who distributed methamphetamine in Lakes area was sentenced February 23, 2021, to 7 years in federal prison.
Chance Jacob Wetter, age 26, from Estherville, Iowa, received the prison term after a September 22, 2020, guilty plea to one count of conspiracy to distribute methamphetamine within 1000 feet of a protected location.
In a plea agreement, Wetter admitted he and others distributed methamphetamine in the Lakes area from October 2019 through February 2020.
On October 23, 2019, law enforcement conducted a controlled drug buy from Wetter utilizing an undercover officer in Spirit Lake, Iowa. Wetter sold the undercover officer approximately 2 ounces of methamphetamine at the public library and then another 2 ounces of methamphetamine at his apartment which was within 1,000 feet of Memorial Park in Spirit Lake.
Wetter was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Wetter was sentenced to 84 months’ imprisonment. He must also serve a 7-year term of supervised release after the prison term. There is no parole in the federal system.
Wetter 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 Mikala Steenholdt 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 20-CR-4016.
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Sioux City Man to Federal Prison for MethRead the Press Release
A man who conspired to distribute methamphetamine was sentenced February 23, 2021, to 11 years in federal prison.
Nicholas Thompson, 30, from Sioux City, Iowa, received the prison term after a September 24, 2020, guilty plea to conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. Thompson was previously convicted of conspiracy to manufacture methamphetamine in the United States District Court for the Northern District of Iowa on November 9, 2010.
Evidence at the plea and sentencing hearings showed that between January 2019 and January 2020, Thompson and others conspired to distribute at least 5000 grams of methamphetamine mixture. On two occasions in July and December of 2019, Thompson was stopped by law enforcement and found in possession of about ½ ounce of methamphetamine. Later in December 2019, Thompson was apprehended pursuant to an arrest warrant and found in possession of more than two ounces of methamphetamine. Then in January 2020, law enforcement conducted a traffic stop of a vehicle occupied by Thompson. The driver attempted to flee in the vehicle and ran over stop-sticks deployed by law enforcement. Thompson exited the vehicle, fell down and was caught with a bag of nearly ten ounces of methamphetamine near him. Law enforcement also seized a loaded .38 caliber handgun, with the serial number filed off, approximately 60 feet from where the vehicle ultimately stopped. The bag appeared to have been thrown from the vehicle. Thompson admitted he had been involved in the distribution of sizable quantities of methamphetamine since he had been released from federal prison and intended to distribute some or all of the methamphetamine to other persons.
Thompson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Thompson was sentenced to 132 months’ imprisonment. He must also serve a 6-year term of supervised release after the prison term. There is no parole in the federal system. Thompson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
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 20-4036. Follow us on Twitter @USAO_NDIA.
Butler County Man Sentenced to Federal Prison for Gun ConvictionRead the Press Release
A man who illegally possessed a firearm was sentenced on February 22, 2021, to 3 years in federal prison.
Michael Limkemann, 35, from Clarksville, Iowa, pled guilty on September 24, 2020, to illegal possession of a firearm as a felon and user of controlled substances. Limkemann was previously convicted of Conspiracy to Distribute Methamphetamine and Unauthorized Possession of an Offensive Weapon, in the Iowa District Court for Butler County, and Possession of a Controlled Substance – 2nd Offense, in the Iowa District Court for Black Hawk County, on or about January 12, 2016. These convictions prohibited Limkemann from possessing any firearms or ammunition.
At the plea and sentencing hearings, evidence showed that Limkemann had given a .22 rifle to another drug user. Limkemann further admitted to possessing the .22 rifle while he was a user of methamphetamine and marijuana.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Limkemann was sentenced to 36 months’ imprisonment. He must also serve a term of 3 years of supervised release following imprisonment. There is no parole in the federal system. Limkemann remains in custody of the United States Marshal until he can be transferred to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Special Assistant United States Attorney Patrick T. Greenwood and was investigated by Clarksville Police Department, Butler County Sheriff’s Department and the Bureau of Alcohol, Tobacco and Firearms Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3010. Follow us on Twitter @USAO_NDIA.
Dubuque Felon Who Provided Gun to New Year’s Day Shooter Sentenced to Federal PrisonRead the Press Release
A man who handed a loaded handgun to another felon, who then shot a third person, was sentenced today to eight years in federal prison.
Katwan Montez Brown, age 27, from Dubuque, Iowa, received the prison term after an August 25, 2020 guilty plea to being a felon in possession of a firearm. Evidence at sentencing showed that Brown handed a loaded pistol to Derrick Timmons after Timmons had been in an argument in the street during the early morning hours of New Year’s Day 2020. Video evidence showed that, shortly after Brown gave Timmons the pistol, Timmons shot multiple times from the doorway of a home, striking one individual. After the shooting, Brown left the house and ran to an alleyway behind it, returning moments later. Dubuque police officers later found a pistol in the alleyway, as well as a cell phone and identification belonging to Brown. Brown’s fingerprints were found on the magazine inside the pistol, and shell casings outside the residence from where Timmons shot matched the pistol that had Brown’s fingerprints. At sentencing, the judge found that Brown’s conduct in handing Timmons the loaded firearm before the shooting set in motion all of the events, and commented that “this is not the Wild West.” Brown had previously been convicted of felony forgery and felony possession with intent to distribute marijuana in 2013 and felony possession of contraband in a correctional facility in 2018. He was also convicted of domestic abuse assault with strangulation and domestic abuse assault causing bodily injury in 2015, and domestic abuse assault causing bodily injury, second offense, in 2017.
Brown was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Brown was sentenced to 96 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
This case was made possible in part by evidence 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.
Brown 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 Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), 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 20-CR-01013-2-CJW-MAR.
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Cresco, Iowa, Man Pleads Guilty to CyberstalkingRead the Press Release
A man who used Facebook and the mail to stalk another person pled guilty today in federal court in Cedar Rapids.
Michael Shawn McGuire, age 57, from Cresco, Iowa, was convicted of four counts of cyberstalking.
At the plea hearing, McGuire admitted that he used Facebook and the mail to engage in conduct to harass and intimidate another person and cause substantial emotional distress to that person. Evidence from a previous hearing in this case established that between August 25, 2018, and May 25, 2019, numerous yard signs were posted where the victim resided in Minnesota. The signs were sexually explicit and contained the victim’s name, telephone number, address, and email address. During this same time period, various friends, family members, and associates of the victim received sexually explicit mailings with semi-nude photos of the victim. In addition, various Facebook profiles sent similar semi-nude photos to some of the victim’s contacts through Facebook and various fake dating profiles associated with the victim were created.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. McGuire remains in custody of the United States Marshal pending sentencing. McGuire faces a possible maximum sentence of 20 years’ imprisonment, a possible $250,000 fine per count, and up to 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Ashley Corkery and Kyndra Lundquist. This case was investigated by the Minnesota Kandiyohi County Sheriff’s Office, the Willmar, Minnesota Police Department, the Litchfield Minnesota Police Department, the Minnesota Renville County Sheriff’s Office, the Minnesota Pipestone County Sheriff’s Office, the Cresco, Iowa Police Department, the Minnesota Bureau of Criminal Apprehension, and the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2075.
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Cedar Rapids Man Headed to Prison for Possessing Drugs and GunsRead the Press Release
A man who possessed multiple firearms and drugs was sentenced today to more than eight years in federal prison.
Daniel James Abbott, age 48, from Cedar Rapids, Iowa, received the prison term after a September 2, 2020 guilty plea to possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime.
Documents filed earlier in the case show that in September 2019, Abbott was arrested with a backpack containing methamphetamine and marijuana-based edibles. Officers recovered a firearm a short distance away and Abbott was wearing a gun holster. Law enforcement officers searched two businesses run by Abbott. Officers located methamphetamine, marijuana, drug paraphernalia, another firearm, and $50,000 in cash at one business. In October 2019, officers searched Abbott’s residence and recovered methamphetamine, drug paraphernalia, and approximately 4,732 rounds of ammunition in various caliber
Abbott was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Abbott was sentenced to 105 months’ imprisonment and fined $20,000. He was ordered to pay $4,736 in attorney fees. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Abbott 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 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 Hiawatha Police Department, 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.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-cr-00032.
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Minnesota Man Pleads Guilty to Defrauding the United States in Paycheck Protection Program SchemeRead the Press Release
A Minnesota man who participated in a scheme to defraud the United States out of Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) funds, and conspired to launder funds from over $1.2 million in illegally obtained loan funds, pled guilty today in federal court in Sioux City.
Donald Franklin Trosin, age 56, from Champlin, Minnesota, formerly of Armstrong, Iowa, was convicted of one count of major fraud against the United States and one count of money laundering conspiracy.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted in late March 2020 that provides emergency financial assistance, including PPP and EIDL loans, to the millions of Americans who are suffering the economic effects of the COVID-19 pandemic. At the plea hearing, Trosin admitted he participated in a scheme to defraud the United States out of PPP and EIDL loan funds after more than 20 applications were submitted to the Small Business Administration in the name of Trosin and another person. The applications falsely represented that Trosin had 120 employees on his payroll and over $5 million in payroll expenses when, in truth, Trosin did not operate a business at all. Trosin also admitted that, after receiving the funds through banks in Minnesota and Northwest Iowa, he withdrew and wired proceeds from the scheme to other individuals in other states.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Trosin remains free on bond previously set pending sentencing. Trosin faces up to 20 years’ imprisonment, over $5,000,000 in fines, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, the Small Business Administration-Office of Inspector General, and the Treasury Inspector General for Tax Administration.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-4066.
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Man Who Assaulted His Girlfriend Sentenced to over Two Years in Federal PrisonRead the Press Release
A man who assaulted his girlfriend was sentenced today to more than two years in federal prison.
Marshall Kapayou, age 37, from Tama, Iowa, received the prison term after a September 29, 2020 guilty plea to assault resulting in serious bodily injury.
In a plea agreement, Kapayou admitted that during the evening of May 16, 2020, the victim and he got into Kapayou’s car after they had been drinking alcohol. While in the car, Kapayou began arguing with the victim. The argument turned physical when he began to hit the victim with his fists. Kapayou hit the victim multiple times, primarily around her head. An individual nearby observed the assault and reported it to the police. When police responded, they observed the victim lying on her back, unconscious, in the car, bleeding from her injuries. There was blood in the car, as well as on Kapayou’s t-shirt and pants. Officers transported the victim to the hospital, where she received treatment for her injuries over the course of the next three days.
Kapayou was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Kapayou was sentenced to 27 months’ imprisonment. He was ordered to make $11,108.17 in restitution. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Kapayou 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 Lisa C. Williams and investigated by the Meskwaki Nation Police Department and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-0051.
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Dubuque Woman to Spend 30 Years in Prison for Sexually Exploiting Children and Possessing Child PornographyRead the Press Release
A woman who created sexually explicit images of two children was sentenced on February 12, 2021, to 30 years in federal prison
Gina Christa Urbain, age 37, from Dubuque, Iowa, received the prison term after an August 18, 2020 guilty plea to sexually exploiting children and possessing child pornography.
At the guilty plea, Urbain admitted that she sexually exploited two minors, a 7 year-old female and 5 year-old male, by creating visual depictions of sexually explicit material involving both children. Urbain also admitted possessing visual depictions of child pornography.
Urbain was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Urbain was sentenced to 360 months’ imprisonment. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Urbain 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 Emily K. Nydle and investigated by the Dubuque County Sheriff’s Office, the Dubuque Police Department, the Dubuque County Attorney’s Office, the Iowa Department of Human Services, and the Black Hawk County Sheriff’s Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-1050.
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Dubuque Man Sentenced to Five Years in Federal Prison for Being a Drug User in Possession of a FirearmRead the Press Release
A drug user who possessed a firearm was sentenced today to five years in federal prison.
Tobias Sarazin, age 34, of Dubuque, Iowa, received the sentence after a June 23, 2020 guilty plea to one count of being a prohibited person in possession of a firearm. At the plea hearing, Sarazin admitted that, in December 2019, he possessed a pistol while being a user of marijuana and methamphetamine. Evidence presented at the sentencing hearing established that Sarazin possessed a loaded pistol in a Dubuque bar, that he had been convicted of three crimes of domestic violence, and that he was subject to a no contact order.
Sarazin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Sarazin was sentenced to 60 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Dubuque County Sheriff’s Office, 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 20-1005.
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Sioux County Man Sentenced to Federal Prison for Possession with Intent to Distribute Methamphetamine.Read the Press Release
A man who possessed with intent to distribute methamphetamine was sentenced on February 11, 2021, to more than 4 years in federal prison.
Ernesto Soto, 31, from Hawarden, Iowa, pled guilty on August 13, 2020, to possession with intent to distribute methamphetamine.
Evidence at the plea and sentencing hearings showed that on February 5, 2020, Woodbury County Sheriff’s Deputies conducted a traffic stop of the vehicle Soto was traveling in. Upon conducting a probable cause search within the vehicle, law enforcement discovered approximately 32 grams methamphetamine, 1.6 grams cocaine, baggies, and a glass smoking device with residue located in a black bag that belonged to Soto. The methamphetamine and cocaine were concealed in a can with a false bottom. At least 5 grams of the approximately 32 grams was pure methamphetamine. In May 19, 2014, Soto was convicted in the Iowa District Court for Sioux County, of intent to manufacture/deliver methamphetamine under 5 grams.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Soto was sentenced to 50 months’ imprisonment. He must also serve a term of 3 years of supervised release following imprisonment. There is no parole in the federal system. Soto remains in custody of the United States Marshal until he can be transported to a federal prison.
The case was prosecuted by Special 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 20-4033. Follow us on Twitter @USAO_NDIA.
Coon Rapids Man Sentenced to Federal Prison for Receiving Child PornographyRead the Press Release
A man who received child pornography was sentenced on Thursday, February 11, 2021, to more than 8 years in federal prison.
Brandon Embrey, 38, from Coon Rapids, Iowa, received the prison term after a September 20, 2020, guilty plea to receiving child pornography
At the plea hearing, Embrey admitted that from September 2018 through April 2019, he received and possessed over 600 images of child pornography. Embrey utilized the Internet, Google Drive and Google Photos to receive and possess visual depictions of minors engaged in sexually explicit conduct, including depictions involving prepubescent minors or minors whom had not attained 12 years of age. Over 600 images of child pornography were found in Embrey’s online accounts. Embrey also admitted to being a user of methamphetamine.
Embrey was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Embrey was sentenced to 97 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.
Embrey is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Iowa ICAC Task Force, the Iowa Division of Criminal Investigation, and the Coon Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3001. Follow us on Twitter @USAO_NDIA.
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Convicted Felon Who Possessed Multiple Firearms Sentenced to Seven Years in PrisonRead the Press Release
A man who possessed handguns and an assault rifle was sentenced today to seven years in federal prison.
Choroin Devontea Smith, age 24, from Waterloo, Iowa, received the prison term after an August 27, 2020 guilty plea to being a felon in possession of firearms and ammunition.
In a plea agreement, Smith admitted that, on January 26, 2020, police officers were conducting routine patrol in Waterloo, Iowa. At approximately 1:30 a.m., officers observed Smith and another man seated in a parked car in downtown Waterloo. After surveilling the car, an officer approached it to talk to Smith. During the conversation, the officer observed a gun holster in the front of the car in the space between the passenger and driver’s seat. An additional officer arrived and as he approached the vehicle from the driver’s side, he observed a semi-automatic Romarm/Cugir 7.62x39 rifle in the backseat of the vehicle. Officers eventually also seized a loaded Smith and Wesson 9mm pistol and a loaded Taurus .45 caliber pistol from the passenger’s seat
Smith was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Smith was sentenced to 84 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Waterloo Police Department and the Bureau of Alcohol Tobacco and Firearms. For more information about Project Guardian, please see /media/1122011/dl?inline.
Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2020.
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El Salvadoran Man Sentenced to Prison for Illegally Reentering the United States After Being Deported Six TimesRead the Press Release
A man who illegally returned to the United States after being deported six times was sentenced today to one year in federal prison.
Rafael Gutierrez-Mancia, age 31, a citizen of El Salvador illegally present in the United States and residing in Storm Lake, Iowa, received the prison term after a guilty plea on October 15, 2020, 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, Gutierrez-Mancia admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Gutierrez-Mancia was first deported in September 2009 following a conviction in the Iowa District Court for Buena Vista County for identity theft, an aggravated felony, where Gutierrez-Mancia worked using someone else’s name. In July 2011, Gutierrez-Mancia was convicted in Texas of illegally reentering the United States, a felony, and was deported a second time in January 2012. He was deported a third time in April 2013. In August 2013, Gutierrez-Mancia was convicted in Texas of illegally entering the United States, a misdemeanor, and deported a fourth time in October 2013. He was deported a fifth time in July 2014. In November 2014, Gutierrez-Mancia was convicted in Texas of illegally entering the United States, a misdemeanor, and deported a sixth time in January 2015. In July 2020, Gutierrez-Mancia came to the attention of immigration agents following his arrest under an alias on traffic charges in Franklin County, Iowa.
Gutierrez-Mancia was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Gutierrez-Mancia was sentenced to 12 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.
Gutierrez-Mancia is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-57.
After Nearly 23 Years with the Department of Justice, United States Attorney Deegan Announces RetirementRead the Press Release
United States Attorney Peter E. Deegan, Jr. of the Northern District of Iowa has announced his resignation effective midnight on Wednesday, February 17, 2021. Upon his departure from the Department of Justice, Mr. Deegan plans to join a private law firm based in the Midwest.
Mr. Deegan’s career as a federal prosecutor began in 1998 when he joined the Northern District of Iowa’s Sioux City branch office as a Special Assistant United States Attorney employed through the Iowa Attorney General’s Office. Mr. Deegan prosecuted methamphetamine manufacturers and traffickers as part of the Midwest High Intensity Drug Trafficking Area’s methamphetamine initiative. Starting in 1999, as an Assistant United States Attorney, he prosecuted a full variety of federal criminal cases from narcotics and violent crime to complex fraud, child sexual exploitation, and business crimes. Over the course of his career, Mr. Deegan served as a federal prosecutor in the Northern District of Iowa and the Eastern District of Michigan in Detroit. From early 2015 until his confirmation as United States Attorney in September 2017, Mr. Deegan served as the Chief of the Criminal Division in the Northern District of Iowa.
“I am truly grateful for the opportunity to serve as the United States Attorney for the Northern District of Iowa. Representing our nation has been the privilege of my lifetime and it has been an honor to have been entrusted with that responsibility,” Deegan said. “Of course, all of the many accomplishments of this office during my tenure are directly attributable to the extraordinary work of the attorneys and staff of the Northern District of Iowa. Their dedication and commitment to justice cannot be overstated. Nor would our accomplishments have been possible without the federal, state, and local law enforcement partners who dedicate their lives and risk their personal safety every day to make our communities safer. I will be forever humbled to have been part of the tremendous team we have in the Northern District of Iowa. I wish the Biden and Harris Administration the very best as it leads our nation forward.”
Below is a brief synopsis of some of the achievements of the U.S. Attorney’s Office during Mr. Deegan’s tenure as United States Attorney. Please refer to the district’s website at https://www.justice.gov/usao-ndia for a complete collection of press releases.
Violent Crime
During Mr. Deegan’s tenure, the office added two new prosecutors dedicated to violent crime. In order to prevent future acts of violence, the office prioritized prosecuting dangerous offenders who illegally possessed firearms or ammunition. In 2020, nearly half of the offenders charged in the district were involved in the illegal use or possession of guns.
Opioids and Methamphetamine Trafficking
The office also prioritized prosecuting those trafficking in opioids and methamphetamine. Between 2005 and 2017, the number of opioid related deaths in Iowa more than tripled, peaking in 2017 with 206 opioid deaths in the state. In response to the growing opioid problem, the office grew its partnership with the Cedar Rapids Police Department to continue the Eastern Iowa Heroin Initiative, funded by the federal Midwest High Intensity Drug Trafficking Area program. The initiative has a three-pronged approach: enforcement, prevention, and treatment. As a part of the initiative’s enforcement efforts, the U.S. Attorney’s Office prosecuted more than 100 defendants for felony-level opioid charges. Those prosecutions included charges for trafficking in heroin, fentanyl, and related drugs. A number of the prosecutions were for drug distributions that resulted in deaths. This initiative also provided communities across Iowa with drug awareness programs, first-responder trainings, and it highlighted the need for detoxification, treatment and other services. Among those services is increased access to naloxone, also known as Narcan, used to treat opioid overdoses.
Among the many opioid-related cases prosecuted during Mr. Deegan’s tenure was United States v. Samantha Jo Rogers. Rogers, who was a licensed occupational therapist, used her job to access medical records of thousands of people. She then used that information to enter and burglarize over a dozen homes in an attempt to steal opioids from elderly patients. As a result of the prosecution, Rogers was sentenced to federal prison and ordered to surrender her occupational therapy license.
At the same time, recognizing that methamphetamine remained a plague on communities in the district, the office also focused on prosecuting major-source methamphetamine traffickers. Those prosecutions included United States v. Monee Yodprasit, a drug trafficker in Sioux City, Iowa, who was sentenced to over 32 years in federal prison for receiving and distributing large quantities of methamphetamine while armed. During the investigation of Yodprasit, law enforcement seized over 20 pounds of methamphetamine, 20 grams of heroin, two pounds of cocaine, and two loaded firearms.
False Claims Act
During United States Attorney Deegan’s term, the office dedicated additional resources to civil enforcement of the False Claims Act. The office bolstered its affirmative investigatory practice to unmatched levels while becoming a favored environment for Qui Tam lawsuits. The office resolved numerous Qui Tam lawsuits of national significance, including a multidistrict resolution of $37.5 million with a large durable medical equipment manufacturer. The office also resolved several highly significant affirmative investigations under the False Claims Act, including settlements or judgments exceeding $1 million with an Iowa surgeon and a regional skilled nursing facility chain.
Elder Justice
The office also focused on protecting the most vulnerable victims in the district, including elderly individuals who are often targeted by fraud. Fraud targeting the elderly is uniquely unconscionable and harmful because of its potential to deprive elderly people of their dignity and quickly drain their life savings. The office used every available tool to address the problem and prosecuted dozens of defendants for their roles in defrauding the elderly. Such prosecutions included United States v. Howard Derby and Patti Derby. In that case, the Derbys stole hundreds of thousands of dollars from Howard Derby’s elderly mother by using powers of attorney to transfer money from her bank account purportedly to use for her benefit. Instead, the Derbys spent the money on themselves. After they had drained her account of money, the victim was no longer able to afford her assisted living facility. After moving out of the assisted living facility, the victim lost a significant amount of weight, broke her wrist, and was hospitalized. Both Howard and Patti Derby were sentenced to years in federal prison.
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Wisconsin Man Sentenced to 25 Years in Federal Prison for Sexual Exploitation of a ChildRead the Press Release
A man who sexually exploited a child was sentenced today to 25 years in federal prison.
Caleb Durr, age 20, from Hazel Green, Wisconsin, received the sentence after an August 19, 2020 guilty plea to one count of sexual exploitation of a child. Evidence presented at the plea hearing and the detention hearing established that, in 2019, Durr used an iPhone to produce sexually explicit images of an eight-year-old girl in Dubuque. Evidence presented at the sentencing hearing established that defendant sexually exploited a second child and possessed child pornography.
Durr was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Durr was sentenced to 300 months’ imprisonment. A special assessment of $100 was imposed and Durr must also serve a five-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Waterloo Police Department, and the Iowa Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 20-1010.
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Meth Dealer Who Went “Off the Rails” Sentenced to over a Decade in Federal PrisonRead the Press Release
A man who distributed methamphetamine and was in possession of multiple firearms was sentenced today to more than ten years in federal prison.
Brandon Kirstein, age 33, from Cedar County, Iowa, received the prison term after a June 22, 2020 guilty plea to possession of methamphetamine with intent to distribute.
At the guilty plea, Kirstein admitted he possessed at least 5 grams of pure ice methamphetamine with the intent to distribute some or all of it. Kirstein possessed multiple guns including a pistol, a handgun, and two shotguns. At the sentencing hearing, Kirstein also admitted to obstructing justice for attempting to hire an individual to murder a witness in the case against him. During the sentencing hearing, the judge described Kirstein as going “off the rails.”
Kirstein was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Kirstein was sentenced to 135 months’ imprisonment and fined $100. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system. Kirstein 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 Muscatine County Drug Task Force, Cedar County Sherriff’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 20-CR-0017-CJW.
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Dubuque Man Sentenced to More than Four Years in Prison for Possessing a SilencerRead the Press Release
A man who unlawfully possessed a firearm silencer was sentenced today to more than four years in federal prison.
Shane Horsfall, age 37, from Dubuque, Iowa, received the prison term after a September 15, 2020 guilty plea to possession of an unregistered silencer.
In a plea agreement and at sentencing, Horsfall agreed that he possessed at least 17 firearms unlawfully because was a drug user when he possessed them. He also agreed that he unlawfully purchased at least two of those firearms after having been civilly committed. Horsfall further agreed that, during the period when he was unlawfully possessing firearms, he sold more than 10 firearms, including to at least two felons and knowing that one of those felons was on parole at the time of the transaction.
Horsfall was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Horsfall was sentenced to 54 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
Horsfall 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 Jake Schunk and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1016-CJW.
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Illegal Alien Sentenced on Federal Meth and Firearm ConvictionsRead the Press Release
A man, illegally in the United States, who conspired to distribute methamphetamine while possessing a firearm was sentenced February 3, 2021, in federal court in Sioux City.
Oscar Pena-Solis, 30, from Mexico, pleaded guilty on September 16, 2020, to conspiracy to distribute methamphetamine; possession with intent to distribute methamphetamine; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm by a prohibited person.
At the plea and sentencing hearings, evidence showed that on July 2, 2020, law enforcement conducted a traffic stop of the vehicle Pena-Solis was driving, just south of Sioux City. At the time of the stop, Pena-Solis did not have a valid driver’s permit and was in the United States illegally. During an initial search of Pena-Solis, law enforcement seized a user quantity of methamphetamine plus a methamphetamine pipe in Pena-Solis’ pocket. During a search of the vehicle, law enforcement located a loaded .22 caliber revolver under the driver’s seat. Law enforcement also seized 11 pounds of methamphetamine, in one-pound packages hidden in the vehicle and in the trailer attached thereto. Evidence further showed that Pena-Solis, at the request and direction of another co-conspirator in Des Moines, Iowa, travelled to California with a large amount of cash provided to him, obtained the methamphetamine and travelled back to Iowa to distribute the methamphetamine to persons in Sioux City and Des Moines. Pena-Solis was prohibited from the possession of a firearm due to being an unlawful user of methamphetamine as well as his illegal status in the United States.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Pena-Solis was sentenced to 180 months’ of imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Pena-Solis remains in custody of the United States Marshal until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4061. Follow us on Twitter @USAO_NDIA.
Milford Man Sentenced to Federal Prison on Immigration and Meth ChargesRead the Press Release
A man who was illegally in the United States and possessed with intent to distribute methamphetamine was sentenced on January 28, 2021, to 10 years in federal prison.
Emmanuel Nieto-Trenado, age 33, from Mexico and living in Milford, Iowa, received the prison term after a September 17, 2020, guilty plea to one count of illegal re-entry and one count of possession with intent to distribute methamphetamine.
In a plea agreement, Nieto-Trenado admitted that he is a citizen of Mexico and had been previously removed from the United States to Mexico in 2013. On October 18, 2019, while law enforcement was executing the arrest warrant for defendant, officers located and ultimately seized over 11 ounces of methamphetamine along with drug paraphernalia, ammunition, and two firearms.
Nieto-Trenado was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Nieto-Trenado was sentenced 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.
Nieto-Trenado 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 Mikala Steenholdt and investigated by the Milford Police Department; the Iowa Division of Narcotics Enforcement; Immigration and Customs Enforcement (ICE) and the Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-4018.
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Arkansas Man Sentenced to Federal Prison for Possessing a Firearm as a Felon and Drug UserRead the Press Release
A man who was a felon and drug user was sentenced January 27, 2021, to more than 8 years in federal prison.
Deko Lomax, age 22, from Osceola, Arkansas, received the prison term after a September 23, 2020 guilty plea to being a felon and drug user in possession of a firearm. Lomax had been convicted of Residential Theft and Theft of Property each in 2004, Theft of Property in 2007, and Robbery in 2009, among other offense, all in Mississippi County, Arkansas.
Evidence at Lomax’s, change of plea and sentencing hearings revealed on May 7, 2020, law enforcement executed a stop of a vehicle driven by Lomax for an expired registration. Lomax told the officer he did not have a license. The officer noticed an odor of marijuana coming from the vehicle. Lomax admitted to the officer that he had smoked marijuana earlier. A search of the vehicle was conducted and a handgun and ammunition in the magazine of the firearm was located in the glove box of the vehicle.
Lomax was transported to the police department and during an interview Lomax stated he found the gun in the vehicle earlier in the day. He admitted to wiping the bullet off which he had handled. He admitted to committing previous felonies and stated his fingerprints would probably be on the firearm. While Lomax was being transported to the Law Enforcement Center for detention the officer advised Lomax that it was illegal to take contraband into the jail and that it was a felony if he did so. At the jail, correction officers located 55 bags of cocaine on Lomax’s person. The total weight of the 55 bags was 10.9 grams and field tested positive for cocaine.
Lomax was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Lomax was sentenced to 100 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.
Lomax is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Sioux City, Iowa Police Department and the U.S. Department of Justice – Bureau of Alcohol, Tobacco, Firearms and Explosives. 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 20-4057.
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Sioux City Man Sentenced to More Than Six Years in Federal Prison for Possessing a Loaded Gun After High Speed ChaseRead the Press Release
A convicted felon who unlawfully possessed a gun was sentenced January 20, 2021, to more than six years in federal prison.
Levi Bergenske, age 22, from Sioux City, Iowa, received the prison term after an August 26, 2020 guilty plea to one count of possession of a firearm by a felon. Bergenske was previously convicted of theft 2nd degree and interference with official acts while armed with a dangerous weapon, both in Woodbury County, Iowa.
Evidence at Bergenske’s, change of plea and sentencing hearings revealed on January 17, 2019, law enforcement attempted to execute a stop of a vehicle driven by Bergenske. At the time he had five outstanding warrants for his arrest in the state of Iowa and was, as subsequent tests confirmed, under the influence of marijuana and methamphetamine. Bergenske refused to stop his vehicle and a high-speed vehicle pursuit ensued, at times exceeding speeds of 80 miles per hour on Floyd Boulevard and Outer Drive in Sioux City, Iowa. He failed to stop at a red light, drove off the roadway, and at times, drove into oncoming lanesof traffic. The Pursuit Intervention Technique (PIT maneuver) was utilized by law enforcement on Hamilton Boulevard, which immobilized Bergenske’s vehicle against a concrete sign. After Bergenske continued to resist arrest, officers utilized a baton to break the driver’s window, and extricate a still-combative Bergenske. Inside the car two handguns, ammunition, and 9 grams of methamphetamine were located. A Subsequent search of Bergenske’s home revealed a third handgun, ammunition, and another 22 grams of methamphetamine.
Bergenske has a significant criminal history. Twice before the instant offense, Bergenske violently resisted store employees’ attempts to stop him from committing a theft. He had illegally possessed a loaded firearm in the past as well.
Bergenske was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Bergenske was sentenced to 78 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.
Bergenske is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: [list partners here]. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Sioux City, Iowa Police Department and the U.S. Department of Justice – Bureau of Alcohol, Tobacco, Firearms and Explosives. 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 19-4026.
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Sioux City Man Sentenced to Federal Prison for MethRead the Press Release
A man who possessed with intent to distribute methamphetamine was sentenced on January 27, 2021, to 10 years in federal prison.
Aaron Louis Bryant, age 32, from Sioux City, Iowa, received the prison term after an October 7, 2020, guilty plea to one count of possession with intent to distribute a controlled substance within 1,000 feet of a protected location.
At the guilty plea, Bryant admitted that on November 15, 2019, during a traffic stop, he got into an altercation with law enforcement. After law enforcement took defendant into custody, Bryant tossed a baggie of methamphetamine out of his pocket and made the comment “look what they threw on me.”
The baggie contained 3 smaller bags, each with methamphetamine inside. The three bags contained approximately 62 grams of actual methamphetamine. The incident happened within 1000 feet of the protected location of Dinosaur Park in Sioux City.
Bryant was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Bryant was sentenced to 120 months’ imprisonment. He must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.
Bryant 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 Mikala Steenholdt 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 20-CR-4015.
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Former Manager of Sioux Center Cooperative Sentenced to Prison in Grain Blending SchemeRead the Press Release
A former high-level manager of a Sioux Center grain cooperative who directed subordinate employees to blend oats into soybeans was sentenced February 2, 2021, to three months in federal prison.
Calvin Diehl, age 60, from Aberdeen, South Dakota, received the prison term after a June 9, 2020 guilty plea to one count of conspiracy to defraud the United States.
In a plea agreement, and at guilty plea and sentencing hearings, Diehl admitted he was the Assistant General Manager at a large, federally licensed grain warehouse that is headquartered in Sioux Center but has satellite locations in the Northern District of Iowa and elsewhere. In July 2015, Diehl agreed with others to defraud the United States. The fraud involved blending lower value oats into soybeans and then selling the mixture as soybeans. During the fraud, the individuals involved also made false statements and executed false certificates to USDA inspectors, layered soybeans on top of oats in both storage bins and trucks to deceive USDA inspectors and customers about the quality and quantity of the grain, and made false entries and adjustments in reports provided to the grain warehouse’s bank.
In March 2017, one of Diehl’s subordinates instructed a warehouse manager in Worthing, South Dakota, to blend more oats with soybeans. As a result, approximately 30 truckloads of what were supposed to be soybeans were “spiked” with oats. After the customer happened to discover the badly “slugged” or “spiked” loads, one of the customer’s managers called Diehl and told him to stop blending oats into soybeans. The manager warned Diehl that “someone can go to jail for this.” Diehl feigned surprise, apologized, and falsely promised that the practice would not happen in the future. However, Diehl continued to blend oats into soybeans (even directing subordinates to remix one of the “slugged” loads) and sell them to the same unwitting customer. Diehl also instructed the Boyden, Iowa location manager to dump other rejected loads in a bin and send the remainder to another customer who did not monitor its soybean receiving location.
In late March 2017, shortly after the “slugged” loads incident, the USDA conducted a pre-planned inspection of the cooperative. During the inspection, the cooperative’s Sanborn, Iowa location manager called Diehl and stated that he had oats visible because he was mixing oats with soybeans in open view. Diehl instructed the Sanborn location manager to cover up the oats by putting soybeans on top of the oats in order to hide the oats from the USDA inspectors.
After learning of the conspiracy, the USDA conducted a search of grain bins at the cooperative’s various locations in Iowa and South Dakota. Of the estimated 87,996 bushels of grain in the bins at these locations, the bins actually contained only 34,354 bushels of soybeans even though all of these bins had been certified as soybeans.
Diehl was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Diehl was sentenced to three months’ imprisonment and fined $7,500. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Diehl 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 Attorneys Timothy L. Vavricek and Matthew J. Cole and investigated by the United States Department of Agriculture - Office of Inspector General, 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-4093.
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Milford, Iowa Woman to Federal Prison for Meth ConvictionRead the Press Release
A woman who conspired to distribute methamphetamine and possessed stolen guns was sentenced January 28, 2021, to more than 4 years in federal prison.
Elizabeth Strang, 28, from Milford, Iowa, received the prison term after a September 17, 2020, guilty plea to possession of stolen firearms and conspiracy to distribute methamphetamine.
Evidence at the hearings showed that Strang stole 10 firearms from her boyfriend and made arrangements to sell the firearms to an individual cooperating with law enforcement. Strang further admitted that from 2019 through 2020 she and others distributed more than 250 grams of methamphetamine. On March 5, 2020, Strang was arrested on her federal firearm indictment. At the time, agents seized over 27 grams of methamphetamine from Strang’s pocket.
Strang was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Strang was sentenced to 53 months’ imprisonment. She must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Strang 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 Shawn S. Wehde and investigated by Iowa Division of Narcotics Enforcement, Spencer Police Department, O’Brien County Sheriff’s Office, and Iowa Division of Criminalistics Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4020. Follow us on Twitter @USAO_NDIA.
Illegal Alien Who Stole Identity for Employment in the U.S. Sentenced to Federal PrisonRead the Press Release
A man from Mexico who re-entered the United States illegally and stole another’s identity for purposes of employment was sentenced January 27, 2021 to two years in federal prison.
Heriberto Arellano-Almontes, age 57, from Mexico, received the prison term after a July 22, 2020, guilty plea to aggravated identity theft.
In a plea agreement, Arellano-Almontes admitted that he is an alien citizen of Mexico. Arellano-Almontes was previously removed from the United States to Mexico on or about May 5, 2004. On August 17, 2019, Arellano-Almontes was arrested by law enforcement in Crawford County, Iowa, for Operating a Motor Vehicle While Intoxicated. Arellano-Almontes was found to be employed at Midwest Industries, Inc., in Ida Grove, Iowa, utilizing another’s identity where he filed an I-9 Employment Eligibility Form and W-4 Tax Withholding Form with Midwest Industries on April 11, 2016. He also presented a State of Missouri Identification Card and a social security card under the same identity.
On October 2, 2019, Arellano-Almontes was found illegally residing in Crawford County, Iowa. Arellano-Almontes also has a prior felony conviction for possession of methamphetamine from 2003 out of the District Court for Colfax County, Nebraska.
Arellano-Almontes was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. He was sentenced to 24 months’ imprisonment. He also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Arellano-Almontes 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 Kevin Fletcher and Ron Timmons, and investigated by U.S. Immigration and Customs Enforcement (ICE).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4021.
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Cedar Rapids Doctor Agrees to Pay $100,000 to Resolve Allegations that He Overprescribed Opioids in Violation of the Controlled Substances ActRead the Press Release
Dr. Paul Lottes, a family medicine physician in Cedar Rapids, Iowa, has agreed to pay $100,000 to resolve allegations that he violated the Controlled Substances Act by writing prescriptions for opioid medications that had no legitimate medical purpose and were not issued in the usual course of professional practice.
The United States alleges that from August 2017 to April 2019, Dr. Lottes wrote prescriptions for opioids classified as Schedule II controlled substances for two patients that had no legitimate medical purpose and were not issued in the usual course of professional practice, in violation of the Controlled Substances Act.
In addition to agreeing to pay the $100,000 settlement, Dr. Lottes has also agreed not to reapply for a controlled substances registration with the Drug Enforcement Administration (“DEA”) for a period of three years. Without the DEA registration, Dr. Lottes will not be able to prescribe controlled substances during this time.
“Overprescribing is a major factor in the devastating opioid epidemic facing our country,” said U.S. Attorney Peter E. Deegan. “As this settlement demonstrates, our office is committed to using all available tools to fight this epidemic, including civil prosecution under the Controlled Substances Act.”
“Doctors who prescribe controlled substances outside the bounds of professional practice betray their oaths as practitioners and also fail the patients who trust them for care,” DEA Omaha Division Diversion Program Manager Sarah Boblenz said. “DEA and its partners at the federal, state and local level will continue to investigate all practitioners who cause harm to the public and fuel the opioid epidemic.”
This matter was handled by Assistant U.S. Attorney Melissa Carrington and investigated by the State of Iowa’s Medicaid Fraud Control Unit and the DEA.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
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California Man Sentenced for Iowa Methamphetamine ConspiracyRead the Press Release
A California man who conspired to distribute methamphetamine in Iowa was sentenced on January 26, 2021, in federal court in Sioux City.
Gabriel Mata-Becerra, 27, from Hayward, California, pled guilty on September 17, 2020, to conspiracy to distribute methamphetamine.
At the plea hearing, Mata-Becerra admitted that beginning on or about March 2019 and continuing to on or about May 2019, he and others had an agreement to distribute more than 50 grams of methamphetamine. While acting in furtherance of that agreement, on or about April 21, 2019, Mata-Becerra was traffic stopped in Wyoming and law enforcement seized approximately ten pounds of ice methamphetamine from inside an unconnected speaker box in the trunk of his vehicle. Mata-Becerra further admitted that he had acquired the methamphetamine in California and was traveling from California to Hawarden, Iowa to deliver the methamphetamine to another person.
Mata-Becerra was sentenced before United States District Court Chief Judge Leonard T. Strand. Mata-Becerra was sentenced to 51 months’ imprisonment. He must also serve a 3 year term of supervised release following any imprisonment. There is no parole in the federal system. Mata-Becerra 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 was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office; the Wyoming State Patrol; and Wyoming Division of Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4054. Follow us on Twitter @USAO_NDIA.
Fort Dodge Man Sentenced to Federal Prison for Illegal Possession of FirearmRead the Press Release
A man who illegally possessed a gun was sentenced January 25, 2021, to more than two years in federal prison, including credit for 27 days previously served on a related State of Iowa assault conviction.
Justice Terry, 26, from Fort Dodge, Iowa, received the prison term after a September 18, 2020, guilty plea to prohibited person in possession of a firearm.
Evidence at the hearings showed that as of September 30, 2019, Terry was subject to a court order issued by the Iowa District Court for Wright County on April 29, 2019, restraining him from harassing, stalking, or threatening an intimate partner, that included a finding that Terry was a credible threat to the physical safety of the intimate partner. Also, as of September 30, 2019, Terry was an unlawful user of marijuana and/or methamphetamine. On September 30, 2019, Terry was stopped by law enforcement while driving. During the traffic stop, Terry was found in possession (in the vehicle, under the driver’s seat) of a Taurus .357 magnum revolver, loaded with 3 rounds, plus two small baggies of meth and one small baggie of marijuana and various drug user paraphernalia. Terry was stopped by law enforcement because of reports he had assaulted his girlfriend (a passenger in the vehicle) with a handgun. Terry subsequently pled guilty and was sentenced in the State of Iowa for the assault upon his girlfriend.
Terry was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Terry 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. Terry is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Wright County Sheriff’s Office, Fort Dodge Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3006.
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Estherville, Iowa, Police Officer Honored for Commitment to Drug Abuse PreventionRead the Press Release
An Estherville, Iowa, police officer is being honored by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for his commitment to reducing drug abuse. The recipient of the Enrique S. Camarena Award is Captain Nathaniel Dunlavy of the Estherville Police Department.
The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured, and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords. This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.
Captain Dunlavy has gone above and beyond the call of duty in pursuit of a drug-free community, worked tirelessly to reduce drug abuse, and is a worthy recipient of this distinguished award. Captain Dunlavy spent over a decade as the DARE officer for Estherville schools. During that time, he expanded the program to include all students in kindergarten through fifth grade. He also started teaching refresher courses in middle and high school, ensuring the students he previously taught remembered what they learned. Through the DARE program, Captain Dunlavy impacted an entire generation of students.
Captain Dunlavy’s contributions to keeping young people drug free did not end with his work in the DARE program. He volunteered thousands of hours of his own time to teach, coach, and mentor hundreds of youth. Through his interactions with students, he not only served as a teacher, but as a positive role model. Captain Dunlavy is especially good at identifying young people who may be on a bad path, connecting with them, and helping them avoid drug use or other destructive behaviors.
Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “Captain Dunlavy is dedicated to educating students about the risks of drugs and substance abuse. By his actions, he has demonstrated that engaging with young people and being a positive role model is key to ensuring students remain drug free.”
“Captain Dunlavy’s commitment to students as a school resource officer, DARE program leader, coach, mentor and friend, exemplify the beliefs of fallen DEA Special Agent Enrique (Kiki) Camarena,” DEA Omaha Division Acting Special Agent in Charge Darin Thimmesch said. “Kiki strongly believed that one person could make a difference in the life of another and Captain Dunlavy has proven that true time and time again. On behalf of DEA, we thank Captain Dunlavy for his service and encouragement to future generations to live a drug-free life.”
United States Attorney Deegan will present Captain Dunlavy with the Enrique S. Camarena Award in Estherville on January 26, 2021.
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Clay County, Iowa Man Pleads Guilty to Gun ChargesRead the Press Release
A man who illegally possessed guns pled guilty January 22, 2021, in federal court in Sioux City.
Travis Grote, 43, from Webb, Iowa, was convicted of possessing stolen firearms and possessing firearms as a prohibited person.
At the plea hearing, Grote admitted that on June 25, 2019, he was involved in a transaction to sell multiple stolen firearms to an undercover law enforcement officer. Grote also admitted that knew he had previously been convicted of conspiracy to manufacture and distribute methamphetamine, in the United States District Court for the Northern District of Iowa, on or about December 19, 2001, and therefore was a felon and prohibited from possessing firearms.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Grote remains in custody of the United States Marshal pending sentencing. Grote faces a possible maximum sentence of 20 years’ imprisonment, a $500,000 fine, and 6 years of supervised release following any imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case is being prosecuted by Special Assistant United States Attorney Patrick T. Greenwood and was investigated by the Iowa Division of Narcotics Enforcement, Bureau of Alcohol, Tobacco, Firearms and Explosives, DCI Crime Laboratory, and Spencer Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4014. Follow us on Twitter @USAO_NDIA.
Storm Lake Man Sentenced to Federal Prison for Meth and Gun ChargesRead the Press Release
A man who conspired to distribute methamphetamine while possessing guns was sentenced on January 19, 2021, to more than 10 years in federal prison.
Jacob Hernandez, 27, from Storm Lake, Iowa, received the prison term after a September 16, 2020, guilty plea to conspiracy to distribute methamphetamine and possession of firearms in furtherance of a drug trafficking crime.
In a plea agreement, Hernandez admitted that from January 2020 through March 2020, he was involved in a conspiracy that distributed more than 4 pounds of methamphetamine in the Storm Lake and Fonda areas. In February and March 2020, law enforcement conducted three controlled drug purchases of methamphetamine from Hernandez. In March 2020, law enforcement officers executed a search warrant at Hernandez’s residence. Ultimately, officers seized two guns, approximately 2 ounces of methamphetamine, over $5,000 in cash, drug trafficking materials, 2 bullet proof vests, marijuana, drug ledgers, and various ammunition.
Hernandez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Hernandez was sentenced to 125 months’ and 29 days’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system.
Hernandez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Iowa Department of Narcotics Enforcement, Buena Vista County Sheriff’s Office, Clay County Sheriff’s Office, Sac County Sheriff’s Office, and the Iowa Division of Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3029. Follow us on Twitter @USAO_NDIA.
Le Mars Man Sentenced to Federal Prison for COVID-19 Related Unemployment FraudRead the Press Release
A Le Mars, Iowa man who stole government funds using a COVID-19 unemployment scheme was sentenced January 19, 2021, to 3 months in federal prison.
Dennis George Chinn, age 55, from Le Mars, Iowa, received the prison term after a September 25, 2020 guilty plea to theft of government funds.
In a plea agreement, Chinn admitted to falsely reporting his income, stating it was $150 per week, so he could get an additional $600 weekly payment, and to fraudulently obtaining unemployment benefits related to COVID-19 relief funds to which he was not entitled. In total, Chinn obtained over $13,000 in COVID-19 pandemic CARES Act Iowa unemployment funds.
Chinn was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Chinn was sentenced to 3 months’ imprisonment. He was ordered to pay $12,231.00 in restitution. He must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
Chinn is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by United States Attorney Ron Timmons and was investigated by the United States Department of Labor and the Office of Inspector General and the Federal Bureau of Investigation.
Rooting out COVID-19 fraud is a priority of the Department of Justice. On March 27, 2020, the President signed the CARES Act, which provides emergency assistance to individuals, families, and businesses affected by the COVID-19 pandemic, including increased unemployment benefits.
These prosecutions are an example of the Department of Justice’s strong commitment to combating fraud and criminal activity related to the COVID-19 pandemic. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4082.
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Lake City Man Pleads Guilty to Federal Gun ChargesRead the Press Release
A man who illegally possessed a gun pled guilty January 19, 2021, in federal court in Sioux City.
Jeffrey Carothers, 52, from Lake City, Iowa, was convicted of possession of a firearm by a prohibited person. Carothers was previously convicted of a crime which prohibited him from possessing guns, namely, receiving stolen property, in the Superior Court for the State of California in and for the county of Plumas, on or about November 17, 1995.
At the plea hearing, Carothers admitted that around April or May 2019, he possessed a 9mm pistol. Carothers further admitted he was an illegal user of methamphetamine and that over the past one or two years, he had traded methamphetamine and marijuana for guns approximately six times.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Carothers faces a possible maximum sentence of 10 years’ imprisonment; a $250,000 fine, and not more than three years of supervised release.
The case is being prosecuted by Special Assistant United States Attorney Patrick T. Greenwood and was investigated by the Iowa Division of Narcotics Enforcement, Lake City 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 20-3018. Follow us on Twitter @USAO_NDIA.
California Woman Sentenced to Federal Prison for Iowa Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced on January 20, 2021, to more than 7 years in federal prison.
Marissa Weisbly, 34, from Los Osos, CA, received the prison term after an August 19, 2020, guilty plea to one count of conspiracy to distribute methamphetamine.
At sentencing, Weisbly was found to have been involved with trafficking 70 pounds of methamphetamine across California, Iowa, and South Dakota. On February 8, 2020, while patrolling the Grand Falls Casino parking lot in Larchwood, IA, law enforcement searched a vehicle connected to Weisbly and ultimately recovered nearly 3 pounds of methamphetamine, and drug trafficking materials. Earlier that winter, Weisbly and her coconspirators had brought pounds of methamphetamine to the Midwest for distribution.
Weisbly was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Weisbly was sentenced to 93 months’ imprisonment. She must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Lyon County Sheriff’s Office, Lyon County Attorney’s Office, and Iowa Department of Criminalistics Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4064.
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Man Pleads Guilty to Meth and Firearm ChargesRead the Press Release
A man who conspired to distribute methamphetamine while possessing a gun pled guilty January 19, 2021, in federal court in Sioux City.
Jeremy Werneburg, age 41, from Carroll, Iowa, was convicted of conspiracy to distribute methamphetamine and possession of a firearm by a prohibited person. Werneburg was previously convicted of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine in November 2007, in the United States District Court for Northern District of Iowa. The 2007 conviction prohibited Werneburg from legally possessing firearms.
At the plea hearing, Werneburg admitted that from November 2017 through about December 2018, he and others distributed more than 150 grams of pure methamphetamine. On October 7, 2018, law enforcement, utilizing a confidential informant, bought over 27 grams of pure methamphetamine from Werneburg. On November 9, 2018, law enforcement received a tip that Werneburg’s vehicle contained drugs. On the same date, Werneburg’s vehicle was searched and law enforcement seized approximately one ounce of methamphetamine (pre-packaged in smaller amounts) and a handgun. The methamphetamine and gun were located in two separate hidden compartments in the vehicle.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Werneburg remains in custody of the United States Marshal pending sentencing. Werneburg faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least 10 years of supervised release following any imprisonment. On the firearm conviction, the possible maximum sentence is 10 years’ imprisonment; a $250,000 fine, and not more than three years of supervised release.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Carroll County Sheriff’s Office, and Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3017.
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Carroll Man Sentenced to Federal Prison for Possession of a Firearm by a FelonRead the Press Release
A Carroll, Iowa man who possessed a gun after a previous attempted burglary conviction in 2019, was sentenced January 19, 2021, to more than 2 years in federal prison.
Buomkuoth Lol, age 19, from Carroll, Iowa, received the prison term after an August 24, 2020, guilty plea to possession of a firearm by a felon.
At the guilty plea, Lol admitted on May 8, 2020 he possessed a gun and .40 caliber ammunition. Lol admitted to knowing he was prohibited from possessing guns after being convicted of attempted burglary in Buena Vista County on November 5, 2019.
Lol was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Lol was sentenced to 27 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
Lol 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 Spirit Lake 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 20-4052.
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Wright County Man to Federal Prison for Meth and Gun ConvictionsRead the Press Release
A man who conspired to distribute methamphetamine while illegally possessing a firearm was sentenced January 14, 2021, to more than 12 years in federal prison.
Bobby Hernandez, 50, from Eagle Grove, Iowa, received the prison term after an August 27, 2020, guilty plea to conspiracy to distribute methamphetamine and possession of a firearm by a prohibited person. Hernandez was previously convicted of possession of a firearm by a felon, in the United States District Court for the Northern District of Iowa, on or about September 29, 2009.
Evidence at the plea and sentencing hearings showed that from about 2017 through about October 2019, Hernandez distributed at least 750 grams of methamphetamine mixture in the Eagle Grove/Wright County, Iowa areas. On April 29, 2019, Hernandez was arrested in Webster County, Iowa, pursuant to an outstanding arrest warrant for a state probation violation. At the time of this arrest, officers seized over 7 grams of methamphetamine. Hernandez also distributed over 6 grams of methamphetamine on two occasions in June and August of 2019 to individuals cooperating with law enforcement. On August 15, 2019, Hernandez was arrested in Fort Dodge, Iowa for an outstanding warrant for failure to appear related to a Wright County, Iowa criminal case. During the arrest, officers seized a bag under the car seat where Hernandez had been sitting, which contained small quantities of methamphetamine and heroin, and a .22 caliber semi-automatic pistol with a homemade silencer affixed to the barrel.
Hernandez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Hernandez was sentenced to 152 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Hernandez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Wright County Sheriff’s Office, Eagle Grove Police Department, Fort Dodge Police Department, and Iowa DCI.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3049. Follow us on Twitter @USAO_NDIA.
Edgerton, Wisconsin Man Sentenced to Federal Prison for Enticement of a ChildRead the Press Release
A man who enticed a minor to engage in illegal sexual activity was sentenced on January 14, 2021, to 12 years in federal prison.
Sean Matthew Williams, age 25, from Edgerton, Wisconsin, received the prison term after an August 27, 2020, guilty plea to one count of Coercion and Enticement.
In a plea agreement, Williams admitted that between March 1, and May 8, 2020, he persuaded a person under the age of 18 to engage in illegal sexual activity. He further admitted engaging in cell phone conversations with the victim, whom he knew to be 15 years old. During the conversations, he knowingly persuaded the victim to have sex with him or attempted to do so. Williams admitted driving from Edgerton, Wisconsin to northwest Iowa to have sex with the 15-year-old victim. Williams went to the victim’s residence, picked her up, and was driving with her when stopped by local law enforcement for a traffic violation. Alert questioning by the law enforcement officer resulted in the discovery of Williams’ scheme. A search of the vehicle Williams was driving revealed a box of condoms, zip ties, and a roll of Gorilla brand tape.
Williams was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Williams was sentenced to 144 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.
Williams is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was prosecuted by Assistant United States Attorney Timothy Duax and investigated by the Iowa Division of Criminal Investigation, the Iowa Crimes Against Children Task Force, the LeMars, Iowa Police Department and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-4045.
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Carroll Man Sentenced to Federal Prison for Receipt of Child PornographyRead the Press Release
A man who received child pornography was sentenced January 13, 2021 to more than 7 years in federal prison.
Kyler Colten Cook, age 30, from Carroll, IA, received the prison term after a September 23, 2020 guilty plea to receipt of child pornography.
In a plea agreement, Cook admitted that between February 8, 2019 and December 3, 2019, he knowingly received visual depictions of minors engaged in sexually explicit conduct.
While released pending trial, Cook was caught sending graphic texts and visual images to a female and was then detained in federal custody pending trial.
Cook was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Cook was sentenced to 93 months’ imprisonment and fined $3,000. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Iowa Division of Criminal Investigation, the Internet Crimes Against Children Task Force, the Federal Bureau of Investigation, and the Carroll Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-3023.
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Onawa Man Sentenced to Federal Prison for Failing to Register as a Sex OffenderRead the Press Release
An Onawa man who failed to register as a sex offender was sentenced today to more than 2 years in federal prison.
Tyrone Haskell Tyndall, age 44, from Onawa, Iowa, received the prison term after a September 16, 2020, guilty plea to failure to register as a sex offender.
In a plea agreement, Tyndall admitted to residing in Onawa, Iowa while failing verify his relevant information as a sex offender with the Monona County, Iowa Sheriff’s Office. Tyndall was convicted in 2004 of sexually abusing a child in Nebraska. Tyndall admitted to violating his requirement to register as a sex offender in Iowa and Nebraska from July 2018 to August 2019, even though he lived in both states during this timeframe.
Tyndall was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Tyndall was sentenced to 27 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.
Tyndall 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 Kevin Fletcher and Ron Timmons and 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 20-4044.
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Belle Plaine Man Pleads Guilty to Accessing Child PornographyRead the Press Release
A man who accessed child pornography pled guilty on January 11, 2021, in federal court in Cedar Rapids.
Jared Daily, age 34, from Belle Plaine, Iowa, was convicted of one count of accessing with intent to view child pornography. At the plea hearing, Daily admitted that, between January and June 2020, he used a cell phone to access child pornography, including images of prepubescent children.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Daily was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Daily faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $22,100 in special assessments, and supervised release for 5 years to life following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 20-73.
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Man Trafficking Methamphetamine from Colorado to Iowa Pleads Guilty in Federal CourtRead the Press Release
A Storm Lake man who trafficked and intended to distribute large quantities of methamphetamine pled guilty today, January 12, 2021, in federal court in Sioux City. Christian Javier Ramirez, age 31, from Storm Lake, Iowa, was convicted of conspiracy to distribute methamphetamine.
At the plea hearing, Ramirez admitted that from early January of 2020 to on or about January 30, 2020, he intentionally conspired with others to distribute methamphetamine. According to the complaint filed in this matter, approximately 7 pounds of methamphetamine was intercepted in Colorado by the Colorado State Patrol and was destined for Storm Lake, Iowa, at the direction of Ramirez.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Ramirez remains in custody of the United States Marshal pending sentencing. Ramirez faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Iowa Division of Narcotics Enforcement, Homeland Security Investigation/ICE, Buena Vista County Sheriff’s Office, and Colorado State Patrol.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4011.
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Former Real Estate Developer Sentenced in Federal Court after Conspiring to Lie to a BankRead the Press Release
A former real estate developer who conspired with a bank vice president to lie to a bank for years was sentenced today to three years of probation.
Kenneth Moore, age 65, from Dubuque, Iowa, received the prison term after a February 3, 2020 guilty plea to one count of conspiracy to make a false statement to a financial institution.
Evidence and information disclosed during court hearings showed that between 2007 and 2009, Moore worked as a real estate developer in the Dubuque, Iowa, and Galena, Illinois, areas. During that time, he conspired with Dan Raduns, who was a vice president at a bank in Dubuque. Evidence showed that the two conspired to lie to the bank about how money the bank was loaning to Moore was being used. Specifically, they lied about using the money to complete a particular construction project when, instead, it was being used elsewhere. Ultimately, the bank lost over $320,000 in loans made on the construction project.
Moore was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Moore was sentenced to three years’ probation. He was ordered to make $332,108.80 in restitution to the victim bank. Raduns was also previously sentenced to three years’ probation and to make restitution to the victim.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Deposit Insurance Corporation and the Federal Bureau of Investigation. Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 19-CR-1021.
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Man Who Solicited “Nudes” of Children Online Sentenced to Federal PrisonRead the Press Release
A man who possessed photographs and at least six videos containing child pornography, and who communicated with others online in an attempt to obtain additional nude photographs of children, was sentenced today to more than 15 years in federal prison.
Dustin Herhold, age 27, from Waterloo, Iowa, received the prison term after an August 6, 2020 guilty plea to the attempted sexual exploitation of a child.
In a plea agreement, Herhold admitted that between September 20, 2019, and October 1, 2019, he used a chat application to request nude photos of a twelve-year old child. He also admitted to possessing nude photographs of children on a tablet.
Herhold was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Herhold was sentenced to 188 months’ imprisonment and fined $100. He must also serve a 5-year term of supervised release after the prison term and register as a sex offender. There is no parole in the federal system.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Herhold 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 U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2016-CJW.
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Drug User and Convicted Domestic Abuser Sentenced to over Three Years in Prison for Possessing a Loaded GunRead the Press Release
A Cedar Rapids man who illegally possessed a loaded firearm was sentenced on January 6, 2021, to more than three years in federal prison.
Thomas Anthony Wallace, age 34, from Cedar Rapids, Iowa, received the prison term after an August 19, 2020 guilty plea to one count of possession of a firearm by a prohibited person.
Information disclosed at sentencing showed that on October 14, 2019, Cedar Rapids police officers were searching for Wallace for violating his state probation. They found Wallace in the driver’s seat of a parked Toyota Camry. After smelling marijuana, officers searched Wallace’s car and recovered a loaded firearm and marijuana. Wallace was prohibited from possessing firearms because he was a drug user and had previously been convicted of multiple crimes of domestic violence.
Wallace was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. He was sentenced to 42 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. Wallace is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Special Assistant United States Attorney Dillan Edwards and investigated by 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-00043.
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Drug User Sentenced to Four Years in Federal Prison for Possessing Firearms and AmmunitionRead the Press Release
A drug user who possessed firearms and ammunition was sentenced on January 5, 2021, to four years in federal prison.
Daniel Heim, age 33, of Dubuque, Iowa, received the sentence after an August 17, 2020 guilty plea to one count of being a drug user in possession of firearms and ammunition. In a plea agreement, Heim admitted that, in December 2019, he possessed 14 firearms and 3,398 rounds of ammunition while being a user of marijuana and cocaine. Heim also admitted that, in December 2019, while on a road in Dubuque County, he fired at least five shots from a .45 caliber pistol that was later found in his truck. The other firearms were found in Heim’s residence.
Heim was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Heim was sentenced to 48 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.
Heim was released on the bond previously set and is to surrender to the United States Bureau of Prisons on a date yet to be set.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Dubuque County Sheriff’s Office, 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 20-1006.
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Waterloo Drug User Sentenced to Federal Prison for Possessing a Stolen FirearmRead the Press Release
A man who possessed a stolen firearm while being a drug user was sentenced today to more than two years in federal prison.
Chase David Grant, age 20, from Waterloo, Iowa, received the prison term after a July 17, 2020 guilty plea to possession of a firearm by a drug user.
In April 2018, law enforcement officers observed videos on social media showing Grant using drugs, including marijuana, and that, in at least one video, he appeared to have a gun. Later that month, officers were preparing to conduct a search at Grant’s home when they saw three individuals attempting to enter his home with a gun. Officers stopped the individuals. One of the individuals told officers that they had previously stolen the gun they had from Grant. He also told officers that they were there to collect money from Grant. Grant later admitted that the gun the three individuals possessed had been stolen from him. He also admitted that he had stolen that gun from someone in Colorado. Grant was a user of controlled substances at the time he possessed this stolen gun.
Since April 2018, Grant has been convicted of a number of state offenses, including burglary, forgery, malicious prosecution, possession of marijuana with the intend to deliver, failure to affix a tax stamp, and carrying weapons. The carrying weapons offense stemmed from a November 2018 traffic stop during which Grant was driving a car that smelled like marijuana and a firearm was found in the driver’s side door panel of the vehicle.
Grant was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Grant was sentenced to 30 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.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
Grant is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Emily K. Nydle and was investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-2047.
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Convicted Felon Who Possessed a Gun After His Release from Federal Prison Sent Back to Prison for over Three YearsRead the Press Release
A man who possessed a firearm as a felon was sentenced today to more than three years in federal prison.
Rhamond Bolden, age 27, from Cedar Rapids, Iowa, received the prison term after a July 8, 2020 guilty plea to being a felon in possession of a firearm.
Evidence in the case showed that in 2013, Bolden was convicted of being a drug user in possession of a firearm in federal court in Cedar Rapids. The court initially sentenced him to 16 months in prison, but after multiple violations of his supervised release, Bolden ultimately served 30 months in prison. He was released in 2017. During a traffic stop in early 2020, law enforcements officers found him in possession of a loaded handgun.
Bolden was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Bolden was sentenced to 37 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Federal Bureau of Investigation and the Cedar Rapids Police Department. For more information about Project Guardian, please see /media/1122011/dl?inline.
Bolden is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-0035.
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