Northern District of Iowa
Press releases recorded for this federal judicial district.
Four-Time Felon, Meth User, and Domestic Abuse Misdemeanant Sentenced to Federal Prison for Gun CrimeRead the Press Release
A Dakota City, Iowa man was sentenced January 30, 2020 to more than six years in federal prison for unlawfully possessing a gun and ammunition.
Christopher Powell, age 39, from Dakota City, Iowa, received the prison term after a June 17, 2019 guilty plea to possession of a firearm and ammunition by a prohibited person.
Information provided by the United States at the court hearings in the case revealed Powell’s crime was discovered when, while he was pheasant hunting, he fired dangerously close to a home, and a school bus that was offloading a young child. An off-duty deputy, waiting to collect his child from the school bus, confronted Powell and discovered he had been using methamphetamine while hunting. A review of Powell’s criminal history revealed he was a four-time felon, including a conviction for Burglary in the Third Degree, and was a domestic abuse misdemeanant. Additional investigation revealed Powell attempted to subvert the law prohibiting felons, drug users, and domestic abusers from lawfully possessing firearms, by directing his wife to purchase his gun.
Powell was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Powell was sentenced to 73 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Powell 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 our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the O’Brien County Sheriff’s Office and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4009. Follow us on Twitter @USAO_NDIA.
U.S. Attorney Peter E. Deegan, Jr., Statement on Pending Expiration of Emergency Regulation of Fentanyl AnaloguesRead the Press Release
“In their continual display of greed without remorse, drug cartels have exploited the American opioid crisis for profit. In the past five years, cartels have expanded from producing heroin to even more potent substances like fentanyl. And then to fentanyl-like substances. Fentanyl is 30 to 50 times more potent than heroin. These fentanyl-like substances are often even more potent than fentanyl and are usually cheaper or easier to manufacture than fentanyl and heroin.
“A significant tool in the fight against cartel greed and violence is set to expire February 6, 2020, unless Congress acts soon. This tool is a federal regulation that made all fentanyl-related substances controlled substances. The fatal consequences of these regulated substances and cartel greed are not only felt in border-states or major cities. These substances have been involved in dozens of overdose deaths in Iowa since 2015. The existence of a clear, direct regulation of fentanyl-related substances has no doubt slowed their production and proliferation. Allowing the regulation to expire risks emboldening cartels to expand production of these substances.
“My office has been aggressive in prosecuting cases involving fentanyl-related substances. We have prosecuted over a dozen such cases since 2016 and many more involving heroin and fentanyl. Several of those cases have involved overdose deaths from people using mere crumbs of these deadly substances. We firmly believe that recovery is possible for those struggling with opioid addiction. Sadly, these fentanyl-related substances have cut short the opportunity for recovery for too many Iowans.
“Law enforcement needs effective tools to combat this evolving and deadly challenge. The soon-expiring regulation removes critical roadblocks to prosecuting those who distribute these fentanyl‑related substances. Now is not the time to give profit-seeking cartels additional incentive to produce even more addictive and deadly drugs to sell to Americans. Congress must take action immediately to extend the ban on these deadly drugs. I strongly urge Congress to do so before a new wave of more addictive and even deadlier drugs hits the American streets.”
Sioux City Couple to Federal Prison for Meth ConspiracyRead the Press Release
A man and woman who conspired to distribute methamphetamine were each sentenced to more than 5 years in federal prison.
Adam Holbrook, 34, and Stephanie Holbrook, 33, from Sioux City, Iowa, received the prison terms after a September 23, 2019, and October 16, 2019, guilty pleas to conspiracy to distribute methamphetamine and distribution of methamphetamine.
At their respective plea hearings, both admitted that from about September 2018 through April 2019, they and others conspired to distribute more than three pounds of methamphetamine in Woodbury County, Iowa area. On four separate occasions they distributed nearly one pound of pure methamphetamine (in total) to an individual cooperating with law enforcement. Then on April 17, 2019, after Adam Holbrook helped arrange for a half-pound pound methamphetamine transaction, Stephanie Holbrook was caught with nearly a half-pound of pure methamphetamine.
Each were sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Adam Holbrook was sentenced to 61 months’ imprisonment. Stephanie Holbrook was sentenced to 90 months’ imprisonment. They each must also serve a 3-year term of supervised release after their prison terms. There is no parole in the federal system. Both are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney 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 19-4029. Follow us on Twitter @USAO_NDIA.
Shoplifting Leads to a Federal Prison Sentence for Illegally Possessing a GunRead the Press Release
A Vinton man was sentenced today to seven years in federal prison.
Anthony Hill, age 29, from Vinton, Iowa, received the prison term after an October 17, 2019 guilty plea to possession of a firearm by a prohibited person. Hill admitted to being a methamphetamine user and convicted felon when in possession of a gun. Hill had a prior felony conviction involving the manufacture of methamphetamine.
Information in earlier court filings showed that during September 2019, Hill was seen shoplifting at a store and hiding the items in a bag in the parking lot. Police recovered the bag and found a handgun with an obliterated serial number inside. Hill was located getting into a car and a short chase followed. After Hill’s arrest, he admitted using methamphetamine earlier in the day. Hill was previously convicted of multiple felony offenses related to manufacturing methamphetamine in a single state case in 2011. Previous court filings showed officers also had evidence to suggest Hill was also involved in the distribution of methamphetamine.
Hill was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hill 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 its Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
Hill is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-00097.
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Mexican Man Who Possessed a Fraudulent Social Security Card Sentenced to PrisonRead the Press Release
A Mexican man who possessed false identification documents was sentenced today to five months in federal prison.
Ivan Ruiz-Nino, age 39, a citizen of Mexico illegally present in the United States and living in West Liberty, Iowa, received the prison term after a September 19, 2019, guilty plea to one count of unlawful possession of identification documents.
In a plea agreement, Ruiz-Nino admitted that in February 2019, he possessed and used a fraudulent social security card and a fraudulent permanent resident card, also known as a “green card,” when completing paperwork to obtain employment in Stanwood, Iowa. The account numbers on the identification documents were assigned to other people.
Ruiz-Nino was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Ruiz-Nino was sentenced to five 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.
Ruiz-Nino 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 19-CR-77.
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Guatemalan Man Sentenced for Illegally Reentering the U.S. and Using Fraudulent Social Security CardRead the Press Release
A man who entered the United States illegally from Guatemala and used a fraudulent social security card to obtain employment was sentenced on January 28, 2020, to time served of 168 days.
Ismael Lopez-Lopez, age 26, from Guatemala, received the sentence after an October 3, 2019, guilty plea to one count of illegal re-entry and a December 3, 2019, guilty plea to one count of misuse of a social security number.
At the guilty plea hearings, Lopez-Lopez admitted he had illegally entered the United States from Guatemala in 2016, and subsequently used a fraudulent social security card to obtain employment. On August 9, 2019, defendant was arrested in Sioux County, Iowa, for a traffic offense. Fingerprints were obtained from Lopez-Lopez, and it was determined that he had previously been deported and was in the U.S. illegally. Lopez-Lopez provided law enforcement with the name of his employer in Rock Valley. After an official check of social security records, it was discovered the social security number Lopez-Lopez used in applying for the job was assigned to someone other than Lopez-Lopez.
Lopez-Lopez was sentenced to time served in Sioux City by United States District Court Judge Leonard T. Strand.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by 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 numbers are 19-CR-04050 and 19-CR-04080.
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Sioux City Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced January 27, 2020, to 7 years in federal prison.
Bradley McPeek, Sr., 60, from Sioux City, Iowa, received the prison term after an August 19, 2019, guilty plea to conspiring to distribute methamphetamine within a protected location.
At the guilty plea hearing, McPeek admitted that from about July, 2017 through December, 2018 he participated in the distribution of more than 1.5 kilograms of methamphetamine in Sioux City. McPeek admitted that his conspiracy involved two people who regularly traveled to Omaha, NE, obtained multiple ounces up to pounds of methamphetamine, and brought it back to McPeek’s residence in Sioux City where it was split up and distributed to others. McPeek’s residence was within 1000 feet of Cook Park and he and others often had guns at the residence.
McPeek was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. McPeek was sentenced to 84 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. McPeek 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 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 19-4003. Follow us on Twitter @USAO_NDIA.
Plan to Steal Guns in Iowa and Sell Them in Chicago Lands Sioux City Man in Federal PrisonRead the Press Release
A Sioux City man was sentenced January 23, 2020, to more than three years in federal prison.
Antwon Holeyfield, age 25, from Sioux City, Iowa, received the prison term after an August 12, 2019, guilty plea to one count of conspiracy to possess stolen firearms and one count of possession of stolen firearms.
Information presented by the United States at the detention, change of plea, and sentencing hearings revealed, on November 26, 2018, Holeyfiled and others burglarized a rural Woodbury County, Iowa, home and sold guns stolen from that home to people in at least two other states. The guns were concealed until about February 16, 2019, when they were sold, traded or given to people from Iowa, Illinois, and South Dakota. Firearms were recovered in Sioux City, Iowa, rural South Dakota, and Chicago, Illinois.
Holeyfield was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Holeyfield was sentenced to 42 months’ imprisonment. He was ordered to make $7,522.75 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.
Holeyfield 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 our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Sioux City Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4027.
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Nurse Given Prison Sentence for Drug Theft and TamperingRead the Press Release
A nurse who tampered with drugs given to patients and stole pain medications from patients in her care was sentenced today to 4 years in federal prison.
Katie Louise Boll, age 31, from Manchester, Iowa, received the prison term after a September 3, 2019, guilty plea to one count of tampering with a consumer product, specifically liquid morphine prescribed to a patient, and one count of acquiring a controlled substance by misrepresentation, fraud, deception and subterfuge.
In a plea agreement, Boll admitted she unlawfully acquired controlled substances including hydrocodone, morphine, oxycodone, codeine, and tramadol, from at least fourteen patients in her care at a nursing home by acquiring the pills by misrepresentation, fraud, deception and subterfuge. Boll also admitted tampering with a consumer product by diluting liquid morphine with mouthwash so the morphine was less than 2% of the strength listed on the bottle. Boll admitted that by reducing the strength of this pain medication was in reckless disregard and manifested an extreme indifference for the risk that her patient would be placed in danger of receiving bodily injury, including increased pain.
Boll was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Boll was sentenced to 48 months’ imprisonment. She was ordered to make $593.22 in restitution to the victims in her case, including Medicare, Medicaid and individual victims for the cost of the stolen drugs. She was also ordered to forfeit her nursing license. Boll must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
“Unscrupulous healthcare providers who steal patient medications hurt those vulnerable patients they have promised to help. This office will always stand ready to protect our most vulnerable members of society,” said United States Attorney Peter E. Deegan, Jr. “We especially thank the Food and Drug Administration Office of Criminal Investigations and the Iowa Medicaid Fraud Control Unit for their outstanding work investigating these cases.”
“Patients must have confidence in their health care provider that they are receiving appropriate medical care,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We are committed to working with our law enforcement partners to protect the public health and bring to justice those who tamper with medications and deny patients access to the treatments they need.”
Boll is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick Reinert and was investigated by the Medicaid Fraud Control Unit of the Iowa Department of Inspections and Appeals and the United States Food and Drug Administration Office of Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2044.
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Mexican Man Sentenced to Prison for Illegally Reentering the United States After Being Deported Two TimesRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to three months in federal prison.
Eduardo Sierra-Montes, age 46, a citizen of Mexico illegally present in the United States and residing in West Liberty, Iowa, received the prison term after a December 4, 2019, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Sierra-Montes admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Sierra-Montes was deported in February 2014 and again in April 2014.
On November 13, 2019, Sierra-Montes came to the attention of immigration agents in the parking lot outside the ICE office in Cedar Rapids. After admitting being illegally in the United States, Sierra-Montes fled on foot after being asked to step out of the vehicle. When he was apprehended a short distance away, immigration agents found a work identification card on Sierra-Montes bearing a different name. Further investigation showed that Sierra-Montes had been illegally working in West Liberty, Iowa, since October 2018, using the name and social security number of another person.
Sierra-Montes has a prior conviction for domestic violence in Kalamazoo County, Michigan in 1999. He also has a prior conviction for retail theft in Rock Island County, Illinois in 2004 where he was convicted under a different alias name.
Sierra-Montes was sentenced in Cedar Rapids by United States three months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Sierra-Montes 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 19-CR-125.
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Laurens, Iowa, Man Sentenced to Federal Prison for Child PornographyRead the Press Release
A man who possessed child pornography was sentenced on January 27, 2020, to 7 years in federal prison.
Raymond Painter, Jr., age 31, from Laurens, Iowa, received the prison term after an August 19, 2019, guilty plea to one count of possession of child pornography.
In a plea agreement, Painter admitted that between April 15, 2013 and November 27, 2017, he possessed images and videos of child pornography. During the sentencing hearing, information was presented from Painter’s Google account that revealed online conversations between Painter and another individual during which Painter expressed a desire to have sex with very young girls, specifically girls between six and 11 years old.
Painter was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Painter was sentenced to 84 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.
Painter 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 Laurens, Iowa Police Department and the Pocahontas County Sheriff’s Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-3023.
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Iowa Drug Dealer Sentenced to Federal PrisonRead the Press Release
A man who admitted selling drugs in the Northern District of Iowa was sentenced today to more than 19 ½ years in federal prison.
David Anthony Vargas, age 48, from Winthrop, Iowa, received the prison term after a September 3, 2019, guilty plea to conspiracy to distribute a controlled substance.
In a plea agreement, Vargas admitted he worked with at least one other person to distribute methamphetamine in the Northern District of Iowa and elsewhere. Vargas admitted selling drugs to another person on three occasions totaling more than 180 grams of pure methamphetamine. Officers recovered another 386.2 grams of pure methamphetamine in Vargas’s possession when he was arrested in Burlington, Iowa, and additional methamphetamine at his residence in Winthrop, Iowa. Vargas was previously convicted in state court of possession with intent to deliver methamphetamine in 2007.
Vargas was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Vargas was sentenced to 235 months’ imprisonment. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
Vargas is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Iowa Division of Narcotics Enforcement, the Buchanan County Sheriff’s Department, the Dubuque County Sheriff’s Department, the Independence Police Department, the Iowa State Patrol, the Oelwein Police Department, the Urbana Police Department, the Des Moines County Sheriff’s Department, the Tri-County Drug Task Force, the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-02043.
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Drug User Sentenced to Federal Prison for Possessing GunRead the Press Release
A man who possessed a gun while unlawfully using two drugs was sentenced January 27, 2020, to more than one year in federal prison.
Daniel Yaeshur Rhone, age 25, from Cedar Rapids, Iowa, received the prison term after a September 24, 2019 guilty plea to possession of a firearm by an unlawful user of controlled substances.
Evidence at a prior hearing in this case showed that Dubuque police officers received information that Rhone had a gun and was using ecstasy. Officers obtained a search warrant while Rhone was visiting family in Dubuque, searched a residence, and recovered a gun belonging to Rhone. Rhone later tested positive for amphetamines and marijuana.
Rhone was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Rhone was sentenced to twelve months’ and one-day imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
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 Kyndra Lundquist 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 19-CR-1029.
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Dayton, Iowa Man to Federal Prison for Illegal Possession of GunsRead the Press Release
A man who illegally possessed guns was sentenced January 27, 2020, to more than 6 years in federal prison.
Christopher Johnson, 45, from Dayton, Iowa, received the prison term after an October 17, 2019, guilty plea to possession of firearms by a felon. Johnson was previously convicted of manufacture of methamphetamine and/or possession with intent to manufacture methamphetamine, a felony, in August of 2001, in Boone County, Iowa.
At the guilty plea hearing, Johnson admitted that on May 28, 2017, in Webster County, Iowa, law enforcement officers were dispatched to a residence in Dayton, Iowa, on reports of a suspicious person (later identified as Johnson) at the residence possibly stalking the female occupant. Law enforcement officers located Johnson nearby (at a residence where Johnson was known to reside) in a barn. Law enforcement officers located and seized two guns, namely a Ruger .22 caliber pistol and a Jimenez Arms .22 caliber pistol, along with some .22 caliber ammunition from Johnson. Johnson was previously convicted of assault with a dangerous weapon (chainsaw), an aggravated misdemeanor, in 2012, in Calhoun County, Iowa.
Johnson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Johnson 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. Johnson 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: Dayton Police Department, Webster County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 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 Dayton Police Department, Webster County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-3028.
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Sioux City Felon and Drug User Sentenced to Federal Prison for Unlawfully Possessing a GunRead the Press Release
A man who illegally possessed a gun was sentenced January 23, 2020, to more than three years in federal prison.
Adrian Gomez, age 24, from Sioux City, Iowa, received the prison term after a September 13, 2019, guilty plea to being a felon, drug user and domestic abuse misdemeanant in possession of a firearm.
Evidenced produced by the United States at the detention, change of plea, and sentencing hearings revealed Gomez was prohibited from possessing firearms because he had previously been convicted of three felony crimes of burglary in Nebraska and Iowa. He was also prohibited from possessing guns because he had previously been convicted of domestic abuse assault in Iowa, and he was a user of illegal drugs. Each of these three facts precluded Gomez from lawfully possessing firearms.
Gomez’s unlawful possession was discovered when law enforcement were called with report of home burglary that resulted in a safe being dragged into an alley by the would-be burglars. Law enforcement found the locked safe and followed a drag-path back to the home it came from.
Subsequent investigations revealed a handgun, a loaded handgun magazine, and $4,044 in cash, in the safe. Evidence also showed Gomez had distributed marijuana. Gomez attempted to obstruct the investigation by asking a witness to lie to enforcement and claim that she owed the firearm in the safe and that Gomez had no knowledge of it. This effort failed, and it was determined that not only did Gomez possess the firearm in the safe, but that he had also possessed a rifle in the past, with which he threatened another.
Gomez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Gomez was sentenced to 37 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.
Gomez 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 our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was investigated by the Sioux City Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4042.
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Mexican Man Sentenced to Prison for Illegally Reentering the United States After Being DeportedRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to almost three months in federal prison.
Fernando Hernandez-Correa, age 28, a citizen of Mexico illegally present in the United States and residing in Sioux City, Iowa, received the prison term after a November 21, 2019, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Hernandez-Correa admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Hernandez-Correa voluntarily returned to Mexico in January 2017 following an arrest in Texas for driving while intoxicated. Hernandez-Correa was deported in July 2017 after illegally entering the United States in June 2017.
On October 30, 2019, Hernandez-Correa and other illegal aliens came to the attention of immigration agents following a traffic stop on Interstate 80 near Wilton, Iowa, for a commercial vehicle violation.
Hernandez-Correa was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hernandez-Correa was sentenced to 82 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Hernandez-Correa is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by 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 19-CR-120.
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Getaway Driver for Bank Robber Sentenced to Federal PrisonRead the Press Release
A woman who voluntarily participated in the robbery of a bank was sentenced today to more than two years in federal prison.
Karen Merrick, age 36, from Sioux City, Iowa, received the prison term after a September 10, 2019, guilty plea to being an accessory after the fact to bank robbery.
Information provided by the United States at Merrick’s change of plea, detention, and sentencing hearings, revealed Merrick knew Phillip White had just robbed the Iowa State Bank in Le Mars, Iowa on December 12, 2018, when she chose to help him escape the crime scene. Merrick, despite driving a U-Haul, led officers on a dangerous, 20-mile, car-chase, that reached speeds of 70 miles per hour. She ran an intersection, endangered other motorists and pedestrians, and was only brought to a stop, when officers used stop-sticks to destroy her wheels. In fact, even after her tires were deflated, she continued to flee in the vehicle for a couple more miles until she lost control of the van.
Merrick had a significant history of criminal behavior and substance abuse, and had been convicted of assaultive conduct, escape, and interference with official acts prior to the present offense.
Merrick was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Merrick was sentenced to 30 months’ imprisonment. She was ordered to make $21,223,11 in restitution to Iowa State Bank in Le Mars, Iowa and to U-Haul of Sioux City, Iowa. She must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
White, whose crime spree included not only a bank robbery but also a robbery of a taxi cab two months before, was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand, on November 22, 2019, to 144 months’ imprisonment. He was ordered to make $21,503.11 in restitution. He must also serve a 3-year term of supervised release after the prison term.
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. For more information about Project Guardian, please see /media/1122011/dl?inline.
Merrick is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was investigated by the Federal Bureau of Investigation, the Iowa State Patrol, the Plymouth County Sherriff’s Office, and the Le Mars and Sioux City, Iowa Police Departments. 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 19-4012.
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Domestic Abuse Lands Humboldt County Man in Federal Prison for Firearm OffenseRead the Press Release
A convicted felon who unlawfully possessed a gun was sentenced January 3, 2020, to 21 months in federal prison.
Matthew Fowler, age 32, from Bradgate, IA, received the prison term after an August 20, 2019, guilty plea to one count of possession of a firearm by a felon. Fowler was previously convicted of leaving the scene of an accident where death resulted in Iowa.
Evidence produced during the change of plea and sentencing hearings revealed on or about February 20, 2019, when Fowler’s wife threatened to leave him, Fowler reacted by physically pushing and choking his wife, eventually pushing her outside into the snow. He held the gun to his head and threatened to kill himself if she left. He also, locked his wife outside of the home separating her from himself and the couple’s infant child.
It was in responding to this domestic disturbance that law enforcement discovered Fowler was a felon and unlawfully in possession of a gun.
Fowler was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Fowler was sentenced to 21 months’ imprisonment. Henry must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Fowler 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 Humboldt County Sheriff’s Office and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-3022.
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Waterloo Man Convicted after Escape from Halfway HouseRead the Press Release
A Waterloo man who escaped from a Waterloo halfway house and spent over two weeks on the lam was convicted after a half-hour bench trial in federal court in Cedar Rapids. Lonnel Porter, age 35, from Waterloo, Iowa, was convicted of one count of escape from custody. The verdict was returned on January 16, 2020.
The evidence at trial and prior court proceedings showed that, in 2009, Porter was convicted in federal court of possessing a firearm as a felon after an incident wherein he displayed an assault-rifle during a neighborhood dispute. At that time, Porter had prior convictions for burglary, domestic assault causing injury, and false imprisonment. Porter was sentenced in 2009 to nearly nine years in prison and three years of supervised release. In 2012, while an inmate in federal prison, Porter was sentenced to an additional two years of prison after assaulting a correctional officer and causing injury to the officer. When Porter was released from prison in 2019, he was required to spend time at a local halfway house, the Waterloo Residential Reentry Center (WRRC), with work-release privileges. On September 16, 2019, about six weeks after he arrived at the WRRC, Porter signed out for his job, left the WRRC, and never returned. When Porter’s probation officer called Porter on the telephone and instructed him to return to the WRRC, Porter refused to do so and would not reveal his location. On October 2, 2019, the United States Marshal’s Service arrested Porter, and Porter was returned to prison for 14 months for violating the terms of his supervised release.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Porter remains in custody of the United States Marshal pending sentencing. Porter faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2069.
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Cedar Rapids Man Pleads Guilty to Drug Trafficking and Possessing Machineguns and a Pipe BombRead the Press Release
A man who sold cocaine and possessed twenty firearms, including machineguns and a pipe bomb, in downtown Cedar Rapids, pled guilty January 17, 2020, in federal court in Cedar Rapids.
Raven Damien Meader Burkhow, age 25, from Cedar Rapids, Iowa, pled guilty to conspiracy to distribute a controlled substance, two counts of use and possession of a firearm during and in furtherance of a drug trafficking crime, possession of a sawed-off shotgun in furtherance of a drug trafficking crime, possession of machineguns, and possession of an unregistered pipe bomb.
Evidence at a previous hearing in this case showed that Burkhow sold cocaine on five occasions. Burkhow also sold a gun without a serial number, known as a “ghost gun,” with a silencer and a machinegun. Burkhow sold the cocaine and guns from the doorway of his apartment building in downtown Cedar Rapids. Law enforcement later searched his apartment. Officers seized twenty firearms, including machineguns, a sawed-off shotgun, and a pipe bomb; cocaine; silencers; and thousands of rounds of ammunition in late April and early May 2019. As part of his plea, Burkhow also agreed to forfeit items named in the indictment, including $177,720 in cash, six gold bars valued at approximately $5,522.50, firearms, and ammunition, which were seized in connection with the case.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Burkhow remains in custody of the United States Marshal pending sentencing. Burkhow faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of life imprisonment, a $6,010,000 fine, and up to a lifetime term of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Kyndra Lundquist and Richard Murphy and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Iowa Division of Narcotics Enforcement.
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 19-CR-59.
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Manchester Felon Sentenced to Five Years in Prison for Possessing Methamphetamine near Central ParkRead the Press Release
A woman who illegally possessed ice methamphetamine with the intent to distribute near a park was sentenced to five years in federal prison.
Robin Kinney, age 59, from Manchester, Iowa received the prison term after a September 25, 2019 guilty plea to possession with intent to distribute a controlled substance near a protected location. Kinney was found near Central Park in Manchester, Iowa, with a purse containing over 18 grams of pure methamphetamine, a glass pipe, spoon, syringes and plastic baggies. Her cell phone reflected incoming and outgoing text messages related to the purchase, sale and distribution of methamphetamine. She had previously been convicted of multiple narcotics related offenses.
Kinney was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Kinney was sentenced to 60 months’ imprisonment. She must also serve an eight-year term of supervised release after the prison term. There is no parole in the federal system.
Kinney is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Elizabeth Dupuich and was investigated by the Manchester Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-2050-LTS.
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Illegal Alien Who Used Another Person’s Name and Social Security Number Sentenced to PrisonRead the Press Release
A man who used another person’s name and Social Security number to get a job was sentenced today to over two months in federal prison.
Jose Hernandez-Benitez, age 32, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a December 5, 2019, guilty plea to one count of misuse of a social security number.
In a plea agreement, Hernandez-Benitez admitted that on March 25, 2018, he used someone else’s name and social security number on employment forms and state and federal tax forms when applying for work in Waterloo, Iowa. Hernandez-Benitez worked under that person’s name until he was arrested by immigration officials on October 22, 2019, after they stopped a vehicle leaving the business believed to contain individuals in the United States illegally. Hernandez-Benitez admitted to being in the United States illegally.
Hernandez-Benitez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hernandez-Benitez was sentenced to 72 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Hernandez-Benitez is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by 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 19-CR-2071.
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Dubuque Felon and Drug User Sentenced to over Five Years in Federal Prison for Unlawfully Possessing a Loaded GunRead the Press Release
A Dubuque man who illegally possessed a firearm while conducting narcotics sales out of an apartment in Dubuque was sentenced to more than five years in federal prison.
Michael Angelo Burdunice Jr., age 24, from Dubuque, Iowa, received the prison term after an August 21, 2019 guilty plea to being a prohibited person in possession of a firearm. A search warrant executed at defendant’s residence, which he shared with his girlfriend and two young children, reflected a loaded 9 mm Glock handgun with an extended magazine and obliterated serial number. Additional items recovered included narcotics, digital scales, baggies, packaging materials and a large amount of U.S. currency.
Burdunice Jr. was sentenced in Cedar Rapids by United States District Court C.J. Williams. Burdunce Jr. was sentenced to 70 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.
Burdunice Jr. 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 Elizabeth Dupuich and investigated by the Dubuque Drug Task Force, the Iowa Division of Narcotics Enforcement and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1025-CJW.
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Northern Iowa Doctor Sentenced to Federal Prison for Making False Statements and Will Pay More Than $315,000 to Resolve False Claims Act Allegations Relating to Nursing Facility ResidentsRead the Press Release
Dr. Joseph X. Latella, a primary care doctor in Webster City, Iowa, was sentenced today to two months in prison and to pay a fine after previously pleading guilty to making false statements related to health care matters. Dr. Latella has also agreed to pay $316,438.96 to resolve False Claims Act allegations relating to claims he submitted for routine visits for nursing facility residents between January 1, 2014, and November 30, 2018. The United States alleged that Dr. Latella submitted claims to Medicare and Medicaid for the most intensive and expensive claim code for such visits when, in fact, he was not performing services sufficient to justify use of that code.
Dr. Latella admitted in a plea agreement that, in June 2018, the United States Attorney for the Northern District of Iowa was conducting a civil investigation about concerns that Dr. Latella was “upcoding” claims submitted to Medicare and Medicaid and billing for more intensive visits with patients at Webster City area nursing homes than he had performed. The United States Attorney’s investigation indicated that Dr. Latella was billing over 93% of his nursing home visits to Medicare under the most intensive and expensive claim code. For these claims to be valid, a doctor typically must spend 35 minutes at the patient’s bedside and on the patient’s facility floor or unit. Medicare paid more than $94 for these claims, but would only have paid no more than $32 if the least expensive claim code, for routine ten minute visits, had been billed. In July 2016, a Medicare contractor sent Dr. Latella a letter warning him that his billing patterns were significantly more expensive than other doctors.
In July 2018, Dr. Latella submitted sworn written answers to the United States Attorney, in which Dr. Latella falsely declared that, with respect to certain Medicare claims in 2017 and 2018, he had spent approximately 35 minutes for each of 12 patients’ care at two nursing homes. With respect to one particular date in October 2017, Dr. Latella falsely swore he “started visiting the nursing home patients at 7:30 a.m. and completed my visits with each patient at approximately 5:30 p.m.” In truth, a federal agent had conducted in-person surveillance of Dr. Latella on that date, and Dr. Latella only was on site at the first nursing home for a total of 47 minutes and did not visit the second nursing home at all on that date. The administrator of the first nursing home estimated that Dr. Latella spent approximately five minutes with each nursing home patient during his visits to that nursing home.
Dr. Latella made further false statements about claims in January and February 2018, which the Medicaid Fraud Control Unit discovered through videotaped surveillance. For example, Dr. Latella billed nine claims for services allegedly provided to nine Medicare patients, on February 2, 2018, at a nursing home, but the surveillance showed that Dr. Latella was only on site at the nursing home for a total of 14 minutes.
Dr. Latella provided the United States Attorney with fraudulent, re-created treatment notes in order to cover up his overbilling scheme. Dr. Latella’s staff had a practice of shredding all notes for all nursing home patients immediately after billing the taxpayers for those services; at the time of the audit, therefore, Dr. Latella had no records of any of the treatment he had ever provided to patients at the nursing homes. To re-create the notes, Dr. Latella contacted the nursing home administrators and nursing managers of various nursing homes and asked for copies of patients’ charts. In truth, elderly residents of nursing homes did not receive the care for which taxpayers paid him, and these vulnerable nursing home residents’ family members cannot know whether and to what extent those nursing home residents received medical care from Dr. Latella over the years.
Dr. Latella was the medical director of two nursing homes at which he was billing fraudulently. Dr. Latella also was the Hamilton County Coroner, provided services to inmates in the Hamilton County Jail and in the custody of the United States Marshal’s Service, and he also evaluated workers’ compensation claims for a major Webster City employer.
In total, Dr. Latella admitted that, between January 1, 2014, and November 30, 2018, he submitted 1,140 false claims to Medicare, which were not justified, and he was paid $107,980.59 by Medicare for those claims. Dr. Latella also admitted that he caused Medicaid to make unjustified payments in the total amount of $9,218.73 for these claims. As a part of his plea agreement, Dr. Latella has agreed to pay no less than $107,980.59 to Medicare and $9,218.73 to Medicaid for economic losses caused by his commission of the offense.
“Like all providers, doctors who treat Iowa’s elderly population have a duty to provide needed medical services and bill accurately for those services. By his alleged actions, Dr. Latella scammed the healthcare system and left his elderly patients and their families wondering if the patients received care they needed,” said Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa. “When our office’s civil investigators made an official inquiry into his billing practices, Dr. Latella tried to throw the government off the scent by lying and creating false records. This settlement and prosecution demonstrate my office’s focus on ensuring Medicare and Medicaid beneficiaries receive the care to which they are entitled, public monies are well spent, and individuals or entities responding to my office’s civil investigative demands provide complete and truthful responses.”
“Government health care rules require bills be submitted only for services actually provided - anything more is fraudulent and a disservice to patients needing vital care,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to protect the integrity of government health care programs and taxpayers funding these vital services by holding providers fully accountable.”
The civil matter arose from an affirmative investigation. False Claims Act cases can also be brought under the qui tam provisions of the Act, which encourage whistleblowers to bring suit on behalf of the United States and share in any financial recovery. The civil case was handled by Assistant United States Attorneys Melissa Carrington and Jacob Schunk. The criminal case was prosecuted by Assistant United States Attorney Tim Vavricek. The cases were investigated by the Department of Health and Human Services, Office of the Inspector General, and the Iowa Medicaid Fraud Control Unit.
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Mexican Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to six months in federal prison.
Daniel Espinosa-Rodriguez, age 24, a citizen of Mexico illegally present in the United States and residing in Coralville, Iowa, received the prison term after a September 23, 2019, guilty plea to one count of illegal reentry into the United States.
At his earlier guilty plea, Espinosa-Rodriguez admitted he had previously been deported from the United States three times and illegally reentered the United States without the permission of the United States government. Espinosa-Rodriguez was first deported on April 5, 2017, following an arrest for aggravated assault in Texas. Espinosa-Rodriguez was deported a second time on June 10, 2017, following a conviction for illegal entry into the United States which occurred on April 27, 2017, and a conviction for driving while intoxicated which occurred in September 2016. Espinosa-Rodriguez was deported a third time in December 2017 after he illegally entered the United States on June 27, 2017. Espinosa-Rodriguez was convicted of illegal entry into the United States a second time on June 29, 2017, and was sentenced to 180 days’ imprisonment which he served prior to being deported.
On July 31, 2019, Espinosa-Rodriguez and other illegal aliens came to the attention of immigration agents following a traffic stop in Benton County, Iowa.
Espinosa-Rodriguez was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Espinosa-Rodriguez was sentenced to six months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Espinosa-Rodriguez 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 19-CR-84.
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Man Who Escaped from Federal Custody Sentenced to Another Six Months in PrisonRead the Press Release
A man who escaped from his federal custody at a residential reentry center was sentenced today to another six months in prison.
Franklin Foster, age 27, from Waterloo, Iowa, received the prison term after an October 1, 2019, guilty plea to escape from custody.
Foster has a long criminal history, including numerous convictions for theft and a conviction for attempted burglary. Fosters’ first federal conviction and sentence of imprisonment was imposed on September 2, 2014, after he pled guilty to being a felon in possession of a firearm. In that case, police attempted to stop Forster while he was driving a stolen car. Foster sped away and led officers on a high speed chase through multiple counties. He eventually stopped, but was then in an armed standoff for about an hour with officers. After he surrendered, officers found three guns in his possession. After pleading guilty to being a felon in possession of firearms, Foster was sentenced to 71 months in federal prison.
On June 8, 2019, Foster was serving the end of his prison term at a residential reentry center in Waterloo, Iowa. After being told he was going to be punished for violating the rules of the center, Foster left the center and never returned. He was arrested by the United States Marshal’s Service eight days later.
Foster was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Foster was sentenced to six months’ imprisonment. There is no parole in the federal system.
Foster is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the United States Marshals Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2057.
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ResMed Corp. to Pay the United States $37.5 Million for Allegedly Causing False Claims Related to the Sale of Equipment for Sleep Apnea and Other Sleep-Related DisordersRead the Press Release
CEDAR RAPIDS, IA – ResMed Corp., a manufacturer of durable medical equipment (DME) based in San Diego, California, has agreed to pay more than $37.5 million to resolve alleged False Claims Act violations for paying kickbacks to DME suppliers, sleep labs and other health care providers, the Department of Justice announced today.
“Paying any type of illegal remuneration to induce patient referrals undermines the integrity of our nation’s health care system,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “When a patient receives a prescription for a device to treat a health care condition, the patient deserves to know that the device was selected based on quality of care considerations and not on unlawful payments from equipment manufacturers.”
The Anti-Kickback Statute prohibits the knowing and willful payment of any remuneration to induce the referral of services or items that are paid for by a federal healthcare program, such as Medicare, Medicaid or TRICARE. Claims submitted to these programs in violation of the Anti-Kickback Statute give rise to liability under the False Claims Act.
The settlement resolves allegations that ResMed (a) provided DME companies with free telephone call center services and other free patient outreach services that enabled these companies to order resupplies for their patients with sleep apnea, (b) provided sleep labs with free and below-cost positive airway pressure masks and diagnostic machines, as well as free installation of these machines, (c) arranged for, and fully guaranteed the payments due on, interest-free loans that DME supplies acquired from third-party financial institutions for the purchase of ResMed equipment, and (d) provided non-sleep specialist physicians free home sleep testing devices referred to as “ApneaLink.”
“Illegal kickbacks in the federal healthcare system create an unfair marketplace and the potential that medical decisions are not based on what is best for patients,” said U.S. Attorney Peter E. Deegan, Jr., for the Northern District of Iowa. “This settlement is another sign of our office’s dedication to fair and full enforcement of the False Claims Act.”
“This settlement represents another example of our district’s commitment to prosecuting violations of the False Claims Act and the Anti-Kickback Statute,” said Lance Crick, Acting U. S. Attorney for the District of South Carolina. “Medical decisions should be based on what is in the best interest of the patient and not based on financial incentives and related schemes.”
“Medical decisions should always be made without outside influence caused by cash payments, free goods, or other types of illegal remuneration, and we will continue to take action to prevent attempts to induce medical decisions through illegal kickbacks,” declared Katherine L. Parker, Civil Chief, United States Attorney’s Office for the Southern District of California. “We applaud the whistleblower for coming forward and notifying the United States.”
“When companies give free equipment to doctors for the sole purpose of generating business and increasing their bottom lines, federal health insurance programs should not foot the bills. This case rights that alleged wrong by ResMed,” stated United States Attorney for the Eastern District of New York Richard P. Donoghue. “We will continue to work with our law enforcement partners to hold accountable companies that put profits before patients.”
Contemporaneous with the civil settlement, ResMed entered into a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General. The CIA requires, among other things, that ResMed implement additional controls around its product pricing and sales and that ResMed conduct internal and external monitoring of its arrangements with referral sources.
The agreement resolves five lawsuits originally brought by whistleblowers under the qui tam, or whistleblower, provisions of the False Claims. The False Claims Act permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in the recovery. The whistleblowers will collectively receive a roughly $6.2 million share of the settlement.
“The government contended ResMed provided free goods and services to companies in order to sell more medical equipment bought by taxpayers,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “The OIG’s integrity agreement with ResMed is designed to ensure such alleged behavior will not be repeated.”
“I applaud the Department of Justice and the U.S. Attorneys' for their continued efforts to hold health care providers accountable to the American taxpayer," said Army Lt. Gen. Ron Place, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
This settlement was the result of a coordinated effort by the Civil Division of the United States Department of Justice; the U.S. Attorney’s Offices for the District of South Carolina, the Southern District of California, the Northern District of Iowa, and the Eastern District of New York; the Department of Health and Human Services, Office of Counsel to the Inspector General and Office of Investigations; the Defense Criminal Investigative Service; the Defense Health Agency Office of General Counsel; the Federal Bureau of Investigation; and the National Association of Medicaid Fraud Control Units.
The lawsuits resolved by this settlement are captioned United States, et al., ex rel. Ameer v. ResMed, Inc., et al., Case No. 2:15-CV-04842-MBS (D.S.C.); United States, et al., ex rel. Baker v. ResMed, Inc., et al., Case No. 3:16-CV-00987-MBS (D.S.C.); United States, et al., ex rel. Ross v. ResMed, Inc., Case No. 16-CV-1988-W (JLB) (S.D. Cal.); United States ex rel. Meyer v. ResMed, Inc., et al., Case No. 17-CV-12-MWB (N.D. Iowa); and United States, et al., ex rel. Ottavio, et al. v. ResMed, Inc., Case No. CV 17-5734 (E.D.N.Y.).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Webster City Man Sentenced to Federal Prison for Illegally Possessing FirearmsRead the Press Release
A man who illegally possessed more than 60 firearms was sentenced January 13, 2020, to more than two years in federal prison.
Greg Claude, 53, from Webster City, Iowa, received the prison term after an August 29, 2019, guilty plea to possession of firearms by a controlled substance abuser.
At the plea hearing, Claude admitted that he was a daily user of methamphetamine and that in May 2018 he was in possession of multiple firearms. Evidence at the hearing also showed that after a burglary/arson investigation, which involved the theft of 150+ firearms in rural Calhoun County, Iowa, in early December 2017, law enforcement was made aware of Claude’s possession of several of the stolen firearms in May 2018. During the execution of a search warrant and subsequent consent searches at Claude’s residence in May 2018, in Hamilton County, Iowa, law enforcement officers seized methamphetamine and methamphetamine pipe from Claude. Law enforcement officers later seized 69 guns including 33 guns that had been stolen during the burglary/arson.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Claude was sentenced to 30 months’ imprisonment and fined $10,000. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system. Claude remains in custody of the United States Marshal until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Webster County, Iowa Sheriff’s Office, Calhoun County, Iowa Sheriff’s Office, and Hamilton County, Iowa Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3004. Follow us on Twitter @USAO_NDIA.
Shooting Multiple Rounds at a Graduation House Party Leads to over Eleven Years in Federal Prison for Dubuque ManRead the Press Release
A man who fired multiple rounds from a handgun at a group of people celebrating someone’s graduation was sentenced today to more than eleven years in federal prison.
Norris Wade Culver, Jr., age 34, from Dubuque, Iowa, received the prison term after an August 8, 2019 guilty plea to one count of being a prohibited person in possession of a firearm.
At the guilty plea, Culver admitted he had multiple felony convictions and domestic abuse convictions. He further admitted to possessing a handgun on May 17, 2019, in Dubuque. Information at sentencing disclosed that Culver left his house that night. He then fired multiple rounds from a .45 caliber handgun towards a duplex across the street. Numerous individuals were at the duplex celebrating a graduation. Some of the people were outside. Others, including at least three minor children, were inside. Culver did not hit anyone with his shots, but did hit the siding of the duplex with three rounds. The Dubuque Police Department responded and took Culver into custody.
Culver has a long criminal history dating back to 2004, when he was convicted of aggravated unlawful use of a weapon at 18 years of age. He then received multiple other convictions, including convictions for aggravated assault, domestic abuse assault, OWI, and attempted burglary. In 2017, Culver was convicted in federal court of transporting undocumented aliens into Texas. Culver was in a van that tried to smuggle four people through a border control point. He was still on supervised release from that case at the time he fired the shots in May 2019.
Culver was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Culver was sentenced to 110 months’ imprisonment for the new charge of being a prohibited person in possession of a firearm. He must also serve a three-year term of supervised release after the prison term. He was also sentenced to a consecutive 24 months’ imprisonment as a consequence of violating his supervised release conditions from the federal case out of Texas. There is no parole in the federal system. Culver 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 Anthony Morfitt and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Court file information is available at https://ecf.iand.uscourts.gov/. The case file numbers are 19-CR-1022 and 19-CR-1039.
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Guatemalan Man Who Used a Fraudulent Social Security Card Sentenced to PrisonRead the Press Release
A man who used a false identification document and someone else’s name and social security number was sentenced today more than two months in federal prison.
Diego Tomas-Mejia, age 22, a citizen of Guatemala illegally present in the United States and residing in Iowa, received the prison term after a November 21, 2019, guilty plea to one count of unlawful use of an identification document and one count of misuse of a social security number.
At the guilty plea, Tomas-Mejia admitted he used a fraudulent Social Security card when he completed employment and tax forms using someone else’s name and Social Security Number in January 2017 at a business in Tama, Iowa.
Tomas-Mejia was found by immigration agents in October 2019 at the Tama County Jail after he was arrested for public intoxication and providing a false name to law enforcement officers. Immigration fingerprint records showed that Tomas-Mejia had illegally entered the United States in August 2014 and was released on bond by the U.S. Border Patrol. Tomas-Mejia was ordered deported in absentia in December 2015 after he failed to appear for immigration proceedings and his whereabouts were unknown until the current arrest.
Tomas-Mejia was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Tomas-Mejia was sentenced to 72 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Tomas-Mejia is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by 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 19-CR-116.
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Nebraska Woman to Federal Prison for Participation in Iowa Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced January 9, 2020, to more than 10 years in federal prison.
Corissa Schwartz, 39, from Wayne, Nebraska, received the prison term after a September 13, 2019, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Schwartz admitted that from October 2017 and continuing to about January 2018, she and others distributed nearly two pounds of pure methamphetamine in the Sioux City, Iowa area. On two occasions in October 2017, Schwartz distributed over 26 grams of pure methamphetamine during controlled drug purchase operations with law enforcement.
Schwartz was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. It was revealed at sentencing that Schwartz’s long criminal history included twenty-five convictions since 2004. Schwartz was sentenced to 122 months’ imprisonment. She must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Schwartz 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 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 18-4087.
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Mexican Man Sentenced to Prison Following Deportation and Document FraudRead the Press Release
A Mexican man who had been deported five times, illegally returned to the United States, and then used a false identification document to obtain a job was sentenced on January 10, 2020, today to twelve months in federal prison.
Jose Amayo-Hernandez, age 27, a citizen of Mexico illegally present in the United States and residing in Iowa, received the prison term after an October 3, 2019, guilty plea to one count of unlawful use of an identification document and one count of illegal reentry into the United States.
In a plea agreement, Amayo-Hernandez admitted he had previously been deported from the United States five times and that he illegally reentered the United States without the permission of the United States government. Amayo-Hernandez was first deported in April 2013 following a conviction for illegal entry into the United States. Amayo-Hernandez was deported a second time on November 15, 2013, following a second conviction for illegal entry into the United States. He was again deported five days later on November 20, 2013, and again in September 2014. Amayo-Hernandez was deported a fifth time in August 2015 following a July 2015 conviction in the United States District Court for the Western District of Texas for illegal reentry into the United States, a felony.
Amayo-Hernandez also admitted he used a fraudulent permanent resident card, also known as a “green card,” when he completed employment forms in October 2016 and August 2019 at a business in Lansing, Iowa. The Alien Registration number on the “green card” was issued to another person. The Social Security account number used by Amayo-Hernandez on tax paperwork was issued to someone else.
On August 19, 2019, Amayo-Hernandez came to the attention of immigration agents following his arrest on traffic charges in Clayton County, Iowa.
Amayo-Hernandez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Amayo-Hernandez 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.
Amayo-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 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 19-CR-1031.
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Man Arrested Just After Distributing Methamphetamine Sentenced to Nearly 15 Years in Federal PrisonRead the Press Release
An Iowa man caught with nearly four ounces of methamphetamine was sentenced today to just under 180 months in prison.
Eric James Blumer, age 37, from Palo, Iowa, received the prison sentence after a July 22, 2019, guilty plea to the possession of methamphetamine with intent to distribute.
Information disclosed at sentencing and at a plea hearing showed that, in June 2017, Blumer was stopped by law enforcement officers while driving a vehicle in Linn County, Iowa. Officers found nearly four ounces of “ice” methamphetamine in his vehicle. Blumer admitted that he intended to sell the “ice”. Blumer later admitted that, earlier in the day, he had possessed nearly a pound of “ice” methamphetamine, and he had just gotten rid of it prior to the traffic stop.
Blumer has 14 prior criminal convictions. His criminal history includes, but is not limited to, convictions for OWI, theft, escape, and possessing a firearm. In 2003, Blumer was convicted and sentenced to prison for manufacturing methamphetamine.
Blumer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Blumer was sentenced to 179 months and 29 days’ imprisonment. He must also serve a 10-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 Ashley Corkery and investigated by the Cedar Rapids Police Department, Johnson County Sheriff’s Department, Hiawatha Police Department, Linn County Sheriff’s Office, Johnson County Drug Task Force, Muscatine County Drug Task Force, United States Marshals, Drug Enforcement Administration, and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-00083.
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Felon Who Sold Gun to Police Sent to PrisonRead the Press Release
A man who sold a rifle during an undercover operation was sentenced on January 10, 2020, to more than one year in federal prison.
Charles John Cizek, age 41, from Waterloo, Iowa, received the prison term after an August 20, 2019, guilty plea to being a felon in possession of a firearm.
In a plea agreement, Cizek admitted that on August 9, 2018, he sold a rifle to a confidential informant who was working with police. Prior to the sale, Cizek and the informant discussed details about the transaction.
Cizek was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Cizek was sentenced to 21 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
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: the Federal Bureau of Investigation, the Bureau of Alcohol Tobacco and Firearms, and the Waterloo Police Department. For more information about Project Guardian, please see /media/1122011/dl?inline.
Cizek 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 19-cr-2015.
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Evansdale Man Sentenced to Nine Years in Federal Prison for Receiving Child PornographyRead the Press Release
A man who received child pornography was sentenced today to nine years in federal prison.
Derek Clemens, age 31, of Evansdale, Iowa, received the sentence after an August 5, 2019, guilty plea to one count of receipt of child pornography. At the plea hearing, Clemens admitted that, between March 2018 and October 2018, he knowingly received child pornography. In a plea agreement, Clemens also admitted that he possessed child pornography on a cell phone and a memory card, including depictions of prepubescent children.
Clemens was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Clemens was sentenced to 108 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $3,000 in restitution to a victim depicted in videos he possessed. Clemens must also serve a 10-year term of supervised release, and 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 Iowa Division of Criminal Investigation, Homeland Security Investigations, the Evansdale Police Department, the Black Hawk County Sheriff’s Office, and the Waterloo 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.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 19-2030.
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Webster County Man Pleads Guilty to Illegal Possession of FirearmRead the Press Release
A man who illegally possessed a gun pled guilty January 9, 2020, in federal court in Sioux City.
Michael Wayne Holton, 32, from Mason City, Iowa, was convicted of possession of a firearm by a felon. Holton was previously convicted of contraband in a correctional facility and domestic abuse assault, both in the Iowa District Court for Cerro Gordo County.
At the plea hearing, Holton pled guilty to being a felon in possession of a firearm. Evidence in this case revealed that Holton admitted that on June 22, 2019, he grabbed the gun, a Taurus 9mm, from another person while outside of Kingz Lounge in Fort Dodge, Iowa and shot the gun multiple times near a crowd of people.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Holton remains in custody of the United States Marshal pending sentencing. Holton faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and not more than 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Fort Dodge Police Department, Webster County Sheriff’s Office, and Iowa Department of Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3050.
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Convicted Sex Offender Sentenced to Federal Prison for Failing to Register in IowaRead the Press Release
A convicted sex offender who failed to register as required while living in Iowa for over a year was sentenced today to more than two years in federal prison.
Pollock Gerald Rush, Sr., age 49, last living in Cedar Rapids, Iowa, received the prison term after a June 26, 2019 guilty plea to one count of failing to register as a sex offender.
At the guilty plea, Rush admitted to failing to register as a sex offender while living in Iowa from March 2018 through April 2019. Rush was required to register because he had previously been convicted of criminal sexual abuse using force in Illinois in 2014. In that case, Rush sexually abused his minor stepdaughter and both physically assaulted her and threatened to kill her if she reported the abuse. Rush has a lengthy criminal history, including convictions for attempted armed robbery in 1995 and domestic abuse assault in 2019.
Rush was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Rush was sentenced to 29 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Rush is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the United States Marshall’s Service.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 19-CR-43.
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Repeat Offender Receives More than a Year in Federal Prison for Second Escape from CustodyRead the Press Release
A man who escaped from the custody of the Gerald R. Hinzman Residential Center in Cedar Rapids, Iowa, for the second time was sentenced on January 6, 2020, to more than a year in federal prison.
Jamie Goad, age 30, from Cedar Rapids, Iowa, received the prison term after an October 17, 2019 guilty plea to escape from custody.
Goad’s first federal sentence of imprisonment was imposed on December 23, 2010, after he pled guilty to being a prohibited person in possession of a firearm. While on supervised release in that case, Goad escaped from the custody of the Hinzman Center on December 11, 2013. After he pled guilty to escape from custody, he was sentenced to prison in that case on August 25, 2014. While on supervised release this time, he escaped from the Hinzman Center for the second time on January 8, 2019.
Goad was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Goad was sentenced to 15 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system. Goad 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 Kyndra Lundquist 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 19-CR-99.
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Police Find Gun During Domestic Disturbance Investigation, Leading to Federal Prison Time for Domestic AbuserRead the Press Release
A convicted domestic abuser who beat and a strangled a woman and unlawfully possessed a gun was sentenced January 8, 2020, to more than a year in federal prison.
Charles Dwayne Carter, age 28, from Dubuque, Iowa, received the prison term after an August 6, 2019 guilty plea to possessing a firearm as a convicted domestic abuser.
In a plea agreement, Carter admitted he possessed a gun in August 2018. Police discovered the gun while investigating a domestic incident. Carter had assaulted the victim by striking her in the face and arms causing red marks, swelling, bruising, and pain. He then grabbed a towel rack and struck her in the face causing a raised, red bump on her left eyebrow. Carter also strangled her, causing her to “blackout” and hit her with a belt. When the police arrived, they found Carter hiding in the trunk of the victim’s car.
During the subsequent investigation, the police found a gun in Carter’s dresser drawer. Carter was prohibited from possessing guns because he had two prior convictions for domestic abuse.
Carter was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Carter was sentenced to 18 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: the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, and Firearms, the Dubuque Police Department, and the Dubuque County Sheriff’s Office. For more information about Project Guardian, please see /media/1122011/dl?inline.
Carter is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Dubuque Police Department, and the Dubuque County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-1007.
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Man Who Tried to Ditch Meth While Running from Police Sentenced to More than a Decade in PrisonRead the Press Release
A man who attempted to run from cops and ditch the meth he was carrying was sentenced January 6, 2020, to more than ten years in federal prison.
Robert Ryan Lee Baer, age 43, from Cedar Rapids, Iowa, received the prison term after a July 26, 2019 guilty plea to possessing meth with the intent to distribute it.
In a plea agreement, Baer admitted discarding a glove which had a bag containing 109.89 grams of pure methamphetamine while he was running from the cops. Baer has numerous previous state criminal convictions, including possessing methamphetamine with the intent to deliver, possessing contraband while confined, and another conviction for possessing a controlled substance. Baer also has six convictions for theft and a forgery conviction.
Baer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Baer was sentenced to 130 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Baer is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Drug Enforcement Agency and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-00060.
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Man Who Made $4,000 a Month Selling Drugs Sentenced to Federal PrisonRead the Press Release
An Iowa man responsible for selling methamphetamine was sentenced January 8, 2020, to seven years in federal prison.
David Joe McVay, age 40, from Cedar Rapids, Iowa, received the prison sentence after a July 22, 2019 guilty plea to distribution of methamphetamine.
Information disclosed at sentencing and at his plea hearing showed that in March 2017, McVay sold methamphetamine to a confidential source. Evidence also showed that McVay not only sold methamphetamine, but also manufactured it. In total, he was involved with over a kilogram of methamphetamine. At times, McVay made up to $4,000 a month in drug sales. He also provided methamphetamine in exchange for Sudafed, a medication commonly used to manufacture methamphetamine. McVay has a long criminal history, totally 26 adult criminal convictions. He has nine prior controlled substance convictions.
McVay was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Robertson was sentenced to 84 months’ imprisonment. He must also serve a four-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 Ashley Corkery and investigated by the Vinton Police Department, Benton County Sheriff’s Office, Iowa Division of Narcotics Enforcement, Benton County Attorney’s Office, the
Bureau of Alcohol, Tobacco, Firearms and Explosives, Hiawatha Police Department, Cedar Rapids Police Department, Independence Police Department, Iowa Department of Correctional Services, Tama County Sheriff’s Office, and Sumner Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-00051.
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Man Sentenced to More than Two Years in Federal Prison for Possessing a SilencerRead the Press Release
A man who cut off his GPS ankle monitor while on release after pleading guilty to unlawfully possessing a silencer was sentenced January 6, 2020, to more than two years in federal prison.
Brett Scott Meana, age 44, from Newton, Iowa, received the prison term after a May 28, 2019 guilty plea to possessing an unregistered silencer.
Police were called to Meana’s residence following a domestic disturbance at his residence, during which he held a gun to his head and threatened to kill himself, later admitting he did not intend to kill himself, he just wanted a woman that was present to stop talking and judging him. Police found an unregistered silencer at Meana’s residence that he had made himself previously. Evidence at the sentencing hearing showed that after pleading guilty to possessing the unregistered silencer, Meana cutoff his GPS ankle monitor during June 2019. Meana left the ankle monitor, his wallet, and phone on the side of the road. He disappeared and was not heard from again for over a month. He finally made contact with his family and was picked up in a field near Des Moines.
Meana was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Carter was sentenced to 28 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: the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, and Firearms, the Dubuque Police Department, the Dubuque County Sheriff’s Office, and the US Marshal’s. For more information about Project Guardian, please see /media/1122011/dl?inline.
Meana is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Dubuque Police Department, the Dubuque County Sheriff’s Office, and the United States Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-1009.
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Former Professor Sentenced to over Seven Years in Federal Prison for Possessing Methamphetamine in a School ZoneRead the Press Release
A man who previously worked as a professor was sentenced January 8, 2020, to more than seven years in federal prison.
Randall Mark Gilbert, age 61, from Marion, Iowa, received the prison term after a July 31, 2019 guilty plea to possession with intent to distribute methamphetamine near a protected location.
In a plea agreement, Gilbert admitted he possessed more than ten grams of meth within 1,000 feet of Lisbon High School. Police found the meth in his home during a search. After being arrested and getting out of jail, Gilbert went to the home of a man and woman. After Gilbert entered, the man ran out of the house. Gilbert cut a phone line and threatened the woman, who he believed had set him up, with a knife. Gilbert forced the woman to go with him to his house. Gilbert had previously worked as professor.
Gilbert was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Gilbert was sentenced to 85 months’ imprisonment. He must also serve an eight-year term of supervised release after the prison term. There is no parole in the federal system.
Gilbert being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Lisbon Police Department, the Mt. Vernon Police Department, the Cedar County Sheriff’s Department, the Mechanicsville Police Department, and the Jones County Emergency Response Team.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-00064.
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Drug User Sentenced to Nearly Five Years in Federal Prison for Illegally Possessing Two GunsRead the Press Release
An illegal user of methamphetamine and marijuana who left a sawed-off shotgun in the car, but carried a handgun into a hotel was sentenced January 8, 2020, to almost five years in federal prison.
Adrian Zarate, age 26, from Waterloo, Iowa, received the prison term after an August 21, 2019, guilty plea to unlawfully possessing a sawed-off shotgun.
At the guilty plea, Zarate admitted he illegally possessed a sawed-off shotgun that he knew had been cut short on October 11, 2018. On that day, Zarate and his girlfriend drove her car to a hotel in Waterloo. They went and checked into the hotel. Zarate left the sawed-off shotgun in his girlfriend’s car. The shotgun could be seen in the car from the outside. Zarate and his girlfriend took a backpack with a handgun in it into the hotel.
Waterloo police received a tip that Zarate had the shotgun. Officers located the car in the hotel parking lot, saw the sawed-off shotgun, and went to Zarate’s room. Officers eventually searched the room and found the handgun, which had an obliterated serial number and was loaded with six bullets, two glass pipes with meth residue, shotgun shells, and a large knife. Officers seized the sawed-off shotgun from the car. They also found an axe, a machete, handgun magazines, and a digital scale with meth residue in the car. Zarate later tested positive for meth and marijuana.
Zarate was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Zarate was sentenced to 57 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Zarate is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and 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 18-cr-2073.
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Dubuque Felon and Drug User Sentenced to Federal Prison for Unlawfully Possessing a GunRead the Press Release
A man who illegally possessed a firearm was sentenced January 6, 2020, to two years in federal prison.
Johnnie Raymond, age 22, from Dubuque, Iowa, received the prison term after a July 31, 2019 guilty plea to being a prohibited person in possession of a firearm. Raymond unlawfully possessed a gun while riding as a passenger in a car. He was prohibited from possessing firearms because he had been previously convicted of the felony crimes of gang participation and forgery in Dubuque County. He was also prohibited from possessing guns because he was a drug user.
Raymond was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Raymond 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.
Raymond 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 Elizabeth Dupuich and investigated by Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1019-CJW.
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Webster City Man Sentenced on Meth and Gun ConvictionsRead the Press Release
A man who conspired to distribute methamphetamine while possessing a firearm was sentenced January 2, 2020, to 12 years in federal prison.
Jaime Candelario-Mercado, 38, from Webster City, Iowa, received the prison term after an August 28, 2019, guilty plea to conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking crimes.
At the guilty plea hearing, Candelario-Mercado admitted that from about April 2018 through January 2019, he and others conspired to distribute more than sixteen pounds of methamphetamine in the Webster City and Eagle Grove area. In June 2018, he was arrested along with another person with about 2 ounces of marijuana, 2 ounces of methamphetamine and a loaded handgun. On six separate occasions in January 2019, Candelario-Mercado and another distributed over 190 grams of pure methamphetamine to individuals cooperating with law enforcement. Defendant further admitted that he possessed a gun during his distribution of methamphetamine to protect his person, money and drugs.
Candelario-Mercado was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Candelario-Mercado was sentenced to 144 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. Candelario-Mercado 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, Iowa Sheriff’s Office, and Iowa Division of Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3005.
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Three Fort Dodge Men Plead Guilty to Gun and Meth ChargesRead the Press Release
Three Fort Dodge men who conspired to distribute methamphetamine and illegally possessed stolen guns pled guilty in federal court in Sioux City.
Marcus Swan, 29, pled guilty December 31, 2019, Lucas Osborne, 30, pled guilty August 20, 2019, and Kenneth Petersen, 41, pled guilty on September 10, 2019. Each pled guilty to one count of conspiracy to distribute methamphetamine and one count of possession of stolen firearms.
At their respective plea hearings, each admitted to distributing at least 100 grams of pure methamphetamine in the Fort Dodge, area from October 2018 through February 2019. Evidence also showed that together they possessed five guns that had been stolen during a burglary in Kossuth County, Iowa. Swan and Petersen were also prohibited from possessing guns based on their prior felony convictions. Osborne was an unlawful user of methamphetamine and prohibited from possessing guns.
Sentencings before United States District Court Chief Judge Leonard T. Strand for Osborne and Petersen have been set for January 28, 2020. Sentencing for Swan will be set after a presentence report is prepared. Each remain in custody of the United States Marshal and will remain in custody pending sentencing. Each face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Fort Dodge Police Department, Webster County Sheriff’s Office, Kossuth County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3017. Follow us on Twitter @USAO_NDIA.
Sioux City Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced January 2, 2020, to 15 years in federal prison.
Julio Cesar Salais, 46, from Sioux City, Iowa, received the prison term after an August 6, 2019, guilty plea to conspiracy to distribute methamphetamine and distributing methamphetamine within 1000 feet of a protected location. Salais had already been convicted of conspiracy to distribute methamphetamine in the Northern District of Iowa District Court, in 1996 and 2002, respectively.
At the guilty plea, Salais admitted that from May 2018 through March 2019, he and others conspired to distribute more than 1.5 kilograms of methamphetamine in the Sioux City, Iowa area. Salais further admitted that on two occasions he distributed more than 300 grams of pure methamphetamine to an individual cooperating with law enforcement. These distributions occurred within the protected locations of Irving Elementary School, Sioux City Alternative School and Opportunities School at the Boys and Girls home in Sioux City.
Salais was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Salais was sentenced to 180 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. Salais 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 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 19-4024.
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Minnesota Man Pleads Guilty to Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pled guilty December 30, 2019, in federal court in Sioux City.
Emmanuel Fuentes, 35, from Madelia, Minnesota, was convicted of conspiracy to distribute methamphetamine.
At the plea hearing, Fuentes admitted that from July 2019 through August 2019, he was involved in the distribution of more than 150 grams of pure methamphetamine. In two separate investigative operations, in July and August 2019, law enforcement seized more than ten ounces of methamphetamine from Fuentes.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Fuentes remains in custody of the United States Marshal pending sentencing. Fuentes faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4053. Follow us on Twitter @USAO_NDIA.
Mexican Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to two months in federal prison.
Pedro Hernandez-Becerra, age 38, a citizen of Mexico illegally present in the United States and residing in Oklahoma City, Oklahoma, received the prison term after a November 21, 2019, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Hernandez-Becerra admitted he had previously been deported from the United States in January 2011 and illegally reentered the United States without the permission of the United States government. Hernandez-Becerra and other illegal aliens were found by immigration agents in October 2019 after a traffic stop near Wilton, Iowa. Hernandez-Becerra was previously deported following his conviction in January 2011 in the Western District of Texas for using fraudulent identification documents when he entered the United States in December 2010. Hernandez-Becerra was also removed from the United States in May 1999.
Hernandez-Becerra was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hernandez-Becerra was sentenced to 60 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Hernandez-Becerra is being held in the United States Marshal’s custody until he can turned over to immigration officials.
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 19-CR-119.
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