Northern District of Iowa

A man who sexually exploited a child pled guilty today in federal court in Cedar Rapids.

David Vogelpohl, age 21, from Vista, California, was convicted of one count of sexual exploitation of a child.  At the plea hearing, Vogelpohl admitted that, in 2018, he persuaded, induced, or enticed a female under 18 years old to engage in sexually explicit conduct for the purpose of producing visual depictions.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Vogelpohl remains in custody of the United States Marshal pending sentencing.  Vogelpohl faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, $5,100 in special assessments, and supervised release for 5 years to life following any imprisonment. 

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Mason City Police Department, the North Platte, Nebraska, Police Department, and Homeland Security Investigations. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.” 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 18-3053. 

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A man who used another person’s Social Security number to get a job was sentenced today to two months in federal prison.

Efrain Alvarez-Victoriano, age 44, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after an April 12, 2019, guilty plea to one count of misuse of a social security number.

At the guilty plea, Alvarez-Victoriano admitted that on September 11, 2012, he used someone else’s name and social security number on employment forms and state and federal tax forms when applying for work in Waukon, Iowa.  Alvarez-Victoriano was convicted in 2016 of possession of methamphetamine and introducing a controlled substance into a jail and placed on probation.  Alvarez-Victoriano’s whereabouts were unknown to immigration officials until his arrest and sentencing in February 2019 for violating his state probation.

Alvarez-Victoriano was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Alvarez-Victoriano was sentenced to two 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.  Alvarez-Victoriano is being held in the United States Marshal’s custody until he can be returned to state prison where he is serving a five-year sentence on an Iowa drug felony conviction.

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 17-CR-2003.  Follow us on Twitter @USAO_NDIA.

A man who possessed and discharged a hand gun was sentenced today to ten years in federal prison.

Montecarlos Marteze Gant, age 36, from Chicago, Illinoi, received the prison term after a February 6, 2019, guilty plea to being a felon in possession of a firearm.

Evidence during the case established that in April 2018, Gant possessed a Smith and Wesson .380 caliber pistol with an obliterated serial number.  Gant shot one round from the gun while involved in an incident with another individual.  The following day, Gant attempted to sell the gun at a pawn shop in Dubuque, but was unable to because of the gun’s obliterated serial number.  The next day, police responded to a call for service at a residence in Dubuque, and attempted to speak with Gant.  Gant fled from officers, and eventually officers caught him and the pistol was recovered in his pocket, loaded with one round in the chamber. 

Gant’s criminal history included felony convictions for aggravated vehicular hijacking with a firearm and possession of marijuana with intent to distribute.  Gant had been released from prison less than four months before the events giving rise to his federal conviction. 

Gant was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Gant was sentenced to 120 months’ imprisonment, the statutory maximum sentence.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

During the sentencing hearing, the Chief Judge Strand noted that in light of his criminal history, Gant “should not have been, frankly, within the same zip code of a firearm.”

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Gant is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Bureau of Alcohol, Tobacco, and Firearms and the Dubuque Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-1019.

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Law enforcement agencies across the state continue to make communities safer by partnering to reduce gun related crimes and violence.  United States Attorney Peter E. Deegan, Jr. announced charges and arrests in thirty-two recent federal gun cases at a press conference held at the United States Attorney’s Office.  Deegan was joined by Donald Dockendorf, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Thomas Reinwart, Federal Bureau of Investigation, Deputy Chief Thomas Jonker, Cedar Rapids Police Department, Assistant Chief of Police Jeremy Jensen and Investigator Nicholas Schlosser, Dubuque Police Department, Deputy Marshal Nick Bonifazi, United States Marshal’s Service, Special Agent Mike Fischels, Homeland Security Investigations, and Chief Deputy John Stuelke, Captain Greg McGivern, Lieutenant Matt Pavelka, and Sergeant Dave Beuter, all of the Linn County Sheriff’s Office.

“The charges in these cases demonstrate the Department of Justice’s continued commitment to prosecuting the most dangerous offenders in our communities,” said United States Attorney Peter E. Deegan, Jr.  “We will continue to work with all of our outstanding local, state, and federal law partners to investigate and prosecute those who use guns to commit crimes and those unlawfully possess guns and ammunition.  Convicted felons, drug users, and those who have committed domestic violence are simply not allowed to possess guns or ammunition.  Those who do violate federal law and will be held accountable.”

In the past few months, the work of federal, state, and local law enforcement agencies has resulted in the following matters in federal court in Cedar Rapids:

Jesus David Jimenez, age 33, Karondius Martea Kelly, age 20, Jamaal Baker, age 40, Charles John Cizek, age 41, Alberto Quinto-Pascual, age 36, Shevin Darnell Caston, age 28, Diamond Meshan Duckings, age 34, Jumoni Dontez Wilson, age 18, Levi Farren Miller, age 28, Rajih Rafee Donley, age 31, all of Waterloo, Iowa; John David Orr III, age 19, Johnnie Eugene Raymond, age 22, Charles Dwayne Carter, age 27, all of Dubuque, Iowa; Dustin Blake Herubin, age 23, Daytrell Washington-Roby, age 21, Raven Damien Meader Burkhow, age 24, Drew Blahnik, age 32. Fernaris Braggs, age 31, Andrew Shaw, age 31, Jontreyvius Richmond, age 21, Darnell Henderson, age 23, Mathew John Wharton, age 28, Zachary Francis Hogan, age 28, Paul Hoff, age 40, Untario McGhee, age 18, all of Cedar Rapids, Iowa; Clint Hospodarksy, age 44, of Iowa City, Iowa; Randolph High, age 62, of Stanwood, Iowa; Justin Allen Bryce Gulian, age 28, of Clarksville, Iowa; Richard Dale Olge II, age 30, of Cresco, Iowa; Gilbert Lopez, Jr., age 33, of West Union, Iowa; Edinton Grugbay Wright, age 22, of Marion, Iowa; and Brett Scott Meana, age 43, of Peosta, Iowa, have all been charged with various violations of federal law including being a prohibited person in possession of a firearm.  The charges are contained in complaints and indictments filed within the last few months in United States District Court in Cedar Rapids.

The complaint and indictment against Burkhow alleges that in March and April 2019, Burkhow sold cocaine to a confidential informant on five separate occasions.  On April 29, 2019, investigators executed a search warrant at Burkhow’s residence in Cedar Rapids and located fourteen guns, eight silencers, thousands of rounds of ammunition, a money counting machine, cash, and cocaine.  Burkhow admitted to investigators that he uses controlled substances.  The case file is 19-mj-149 and 19-cr-59.   

The complaint and indictment against Washington-Roby alleges that in September 2018, Washington-Roby posted a photo of himself on Facebook holding a Glock 9mm handgun.  The firearm was later seized from one of Washington-Roby’s friends while Roby and the friend were together.  Washington-Roby admitted to officers that he uses marijuana and had been doing so since a young age.  Also, on April 5, of this year, Washington-Roby was in a vehicle involved in a shots-fired investigation.  A pistol was found in that vehicle.  The case file is 19-mj-117 and 19-cr-47.

The complaint against Quinto-Pascual alleges that on May 10, 2019, Waterloo Police officers responded to a call for a man with a gunshot wound.  The unresponsive male was taken to a nearby hospital.  Officers later located a .32 caliber revolver that was involved in the shooting.  Quinto-Pascual was identified as someone who was with the male earlier that evening.  Quinto-Pascual was located and admitted to being with the male that night and that the firearm belonged to him.  Quinto is alleged to have possessed a firearm with an obliterated serial number and possessed a firearm while being a drug user.  This case file is 19-mj-168.

The complaints and indictments filed against McGhee, Kelly, Cizek, Braggs, High, Raymond, Caston, Henderson, Richmond, Carter, Donley, allege that these defendants were felons who were unlawfully in possession of a firearm or ammunition.

The charges filed against Orr Blahnik, Shaw, Wharton, Hogan, and Hospodarsky allege that these defendants were in possession of a firearm as a drug user.

Miller was charged in May with possessing a firearm as a felon and possessing an unregistered firearm.  

The indictment against Herubin alleges that this defendant possessed with the intent to distribute marijuana near a protected location, two counts of false statement during the purchase of a firearm, and possession of a firearm as a drug user. 

Jimenez, Baker, Duckings, and Gulian were each charged with possessing a firearm as a felon.  Each has since pled guilty. 

In March of this year, Wright and Wilson were both charged with being a drug user in possession of a firearm.  Both have since pled guilty.

Meana was charged in April with possessing an unregistered firearm.  He pled guilty on May 28, 2019.  

Hoff was charged with possessing methamphetamine with the intent to distribute it and possession of a firearm in furtherance of a drug trafficking offense.  He pled guilty on June 13, 2019. 

Lopez pled guilty in June to two counts of being an unlawful user of marijuana and methamphetamine and one count of selling a stolen firearm. 

If convicted on these charges, all defendants face at least a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.­

­As with any criminal case, a charge is merely an accusation and each defendant is presumed innocent until and unless proven guilty.

The cases were brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The cases were investigated by the Bureau of Alcohol, Tobacco, and Firearms, the Federal Bureau of Investigation, the Division of Narcotics Enforcement, the Drug Enforcement Administration, the Cedar Rapids Safe Streets Task Force (composed of representatives from the Federal Bureau of Investigation, the United States Marshal Service, and the Cedar Rapids Police Department), the Waterloo Federal Task Force (composed of the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department), the Dubuque Police Department, the Linn County Sheriff’s Office, the Charles City Police Department, and the Winneshiek County Sheriff’s Office. 

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Law enforcement throughout Northwest Iowa, and the United States Attorney’s Office are helping to make Iowa safer by addressing the problems of gun crime and violence.  Assistant United States Attorney Timothy T. Duax announced charges in twenty-six recent federal gun-related cases at a press conference held today at the United States Attorney’s Office.  Duax was joined by Sioux City Police Chief Rex Mueller, who stated:

“We in municipal law enforcement realize the danger that violent offenders can pose to our citizens. Identifying criminals within a community who display increasingly violent tendencies and who use firearms to support their crimes, is a priority for the Sioux City Police Department. Our partnership with the U.S. Attorney’s office is key to the successful detection and prosecution of these major offenders. I am very proud of how this partnership has impacted local community safety by incarcerating these dangerous individuals.”

“There are federal laws that prohibit certain people from possessing firearms and ammunition, and public safety demands those laws be vigorously enforced,” said U.S. Attorney Peter Deegan. I want to thank all of our federal, state and local law enforcement partners for working with the United States Attorney’s Office to bring these cases to federal court. Together we are making our local communities safer for everyone.”

Individuals involved in violent crimes, and individuals involved in the illegal theft, possession or use of guns are the focus of the anti-violent crime initiative. One such individual, Matthew Lynam, a convicted felon who used a firearm to rob two men, was sentenced to 180 months in federal prison today. In addition, over the past three months, the work of federal, state, and local law enforcement agencies has resulted in the following individuals being charged with gun-related crimes.

Oscar Garcia; Andrew Nissen; Jessica Rose Ott; Tanner Earl Lowe; Marcus Swan; Kenneth Petersen; Lucas Osborne; Cole Allen Rongved; Logan Bergenske; Moses Strickland; Anthony Holeyfield; Antwon Holeyfield; Isaac McDonald; Matthew Derrick Guthrie; Traci Lynn Guthrie; Robinson Nguyen; Aaron Michael Hermen; Michael Marshall-Limoges; Hector Andrade; Matthew Lee Fowler; Charles Gail Westfall Jr.; Donald Eugene Rundall III; Jami Lynn Stupka; and Leah Hanson have all been charged with various violations of federal firearms law.  The charges are contained in indictments filed recently in United States District Court in Sioux City.

As with any criminal case, a charge is merely an accusation and each defendant is presumed innocent until and unless proven guilty.

The cases were brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The cases were investigated by the following law enforcement agencies: Sioux City Police Department; Fort Dodge Police Department; Iowa Department of Narcotics Enforcement; North Central Iowa Drug Task Force; Cerro Gordo County Sheriff’s Office; and the Humboldt County Sheriff’s Office.

A man who illegally returned to the United States after being deported was sentenced today to more than two months in federal prison.

Gumersindo Ventura-Diaz, age 31, a citizen of Guatemala illegally present in the United States and residing in Charles City, Iowa, received the prison term after an April 22, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Ventura-Diaz admitted he had previously been deported from the United States in November 2012 and illegally reentered the United States without the permission of the United States government.  Ventura-Diaz was found by immigration agents in March 2019 after he was charged in Floyd County, Iowa, with driving without a license. 

Ventura-Diaz was sentenced in Cedar Rapids by United States District Court C.J. Williams.  Ventura-Diaz was sentenced to 71 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.

Ventura-Diaz 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-2019.

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Daniel Powell, age 25, from Lake City, Iowa, Tylor Boyd, age 26, from Homer, Nebraska, Colton Novak, age 27 from Dakota City, Nebraska, and Matthew Lynam, age 32 from Sioux City, Iowa, received prison terms, ranging from just over four years to 15 years for their roles in a conspiracy to steal and possess guns.          

Daniel Powell, Tylor Boyd, Colton Novak, and Matthew Lynam were each convicted of one count of conspiracy to possess and sell stolen firearms, one count of possession of a stolen firearm and one count of possession of a firearm by a prohibited person.

Evidence presented by the United States in court revealed Boyd, Powell, Novak and Lynam were all unlawful users of controlled substances, and that Boyd and Lynam were convicted felons.  Additionally, the evidence revealed Boyd, Powell, Novak traveled to Greene County, Iowa broke into a shop there, and stole five guns, thousands of rounds of ammunition, and other valuables.  The men tried to dispose of the guns, trading some for methamphetamine. 

Lynam joined the conspiracy after the break-in and participated in the crime by, among other things, attempting to protect to conspiracy by, on or about February 5, 2018 firing a round with one of the stolen guns to scare people who were in a dispute with his codefendants in Dakota County Nebraska.

Even after the conspiracy, Lynam continued his dangerous behavior.  On or about February 14, 2018, defendant robbed two men just moments apart. He fired the handgun to terrorize his victims and bystanders. Defendant also shouted the name of his gang while engaging in the robberies and while fleeing the crime scenes.

Powell, Boyd, and Novak were sentenced on March 11, 2019, and Lynam was sentenced on June 17, 2019, in United States District Court in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Powell was sentenced to 99 month’s imprisonment, Boyd was sentenced to 72 months’ imprisonment, Novak was sentenced to 50 months imprisonment, and Lynam was sentenced to 180 months imprisonment.  Powell, Boyd, Novak and Lynam were ordered to make restitution of $87,713.86.  Powell, Boyd, Novak and Lynam each must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

All are being held in the United States Marshal’s custody until they can be transported to a federal prison.

This case is part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun and violent crimes.  The case was investigated by the United States Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Sioux City, Iowa Police Department, the Dakota County (Nebraska) Attorney’s and Sherriff’s Offices, the Woodbury County (Iowa) Attorney’s and Sherriff’s Offices, the Greene County (Iowa) Attorney’s and Sheriff’s Offices.  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 numbers are 18-4045 and 18-4051.

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Five men who were involved in an attempted robbery of marijuana that left one man dead were each sentenced today to more than six years in federal prison.

Chase Daniel Zerba, age 21, Cameron Lee Klouda, age 22, both from Coggon, Iowa, and Tyler Michael Clemens, age 24, from Alburnett, Iowa, received prison terms after each had previously pled guilty to conspiracy to distribute marijuana and using, carrying, brandishing, and discharging a firearm in furtherance of a drug trafficking crime.  Dillon Craig Beener, age 22, and Kordell Maurice Jones, age 20, both from Cedar Rapids, Iowa, received prison terms after each had previously pled guilty to attempted robbery and using, carrying, and brandishing a firearm during a crime of violence. 

Evidence during the case established that on February 1, 2017, law enforcement officers responded to an address in Coggon after receiving a 911 call regarding a shooting.  When officers arrived, they located an individual deceased in the front yard of the residence.  This individual had been shot at close range with a shotgun.

Prior to the shooting, the victim of the shooting along with Beener, Jones, and another individual, left Cedar Rapids to travel to Coggon.  These four individuals intended to meet with Zerba and rob him of marijuana.  The four brought a .40 caliber Hi-Point pistol with them to use during the robbery.  When they arrived at Zerba’s residence, Clemens, Klouda, and Zerba were all seated in a minivan parked in the driveway.  Zerba, Clemens, and Klouda had brought approximately a half-pound of marijuana with them, as well as a loaded shotgun. 

Beener approached the minivan and spoke with the three people in it.  Beener then returned to his car, and the victim, Beener, and Jones approached the minivan to meet with Zerba, Clemens, and Klouda.  The victim was in possession of the pistol and spoke briefly to the occupants of the minivan.  He then raised his pistol and demanded that Zerba give them the marijuana.  As the group attempted the robbery, one of the men inside the vehicle raised the shotgun and fired one round from the shotgun out the passenger side window into the victim’s head.

During a search of the scene, police located $60 in the victim’s pocket.  The .40 caliber Hi-Point pistol was located near his body.  The pistol was loaded, with a round in the chamber and the safety off.  In the minivan, police located marijuana in a backpack in the left rear seat “stow and go” compartment.  The marijuana was packaged in six separate containers and totaled 386.91 grams of marijuana.  Police also located multiple jars of marijuana wax in this same backpack.

All five men were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Zerba was sentenced to 91 months’ imprisonment, Clemens was sentenced to 78 months’ imprisonment, and Klouda was sentenced to 96 months’ imprisonment.  Klouda was fined $1,000 and all three men were ordered to pay $5,611.56 in restitution.  Beener was sentenced to 80 months’ imprisonment and Jones was sentenced to 82 months’ imprisonment.  All five men must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

“The combination of drugs and guns poses a serious threat to public safety,” said United States Attorney Peter Deegan.  “Not only is it a federal crime to possess a gun during a drug deal, it’s a federal crime for a drug user to possess a gun.  These sentences hold accountable five men who did both.  As a result, a young man’s life was lost to gun violence.  Our office is committed to vigorously prosecuting anyone who poses a threat to public safety by mixing guns with drugs.”

During the sentencing hearings, Judge Williams noted that this “was an avoidable accident” where there was “enough fault to go around for everybody.”  Judge Williams also noted that this was a “horrible, preventable, tragedy.”            

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.

Zerba, Clemens, Klouda, Beener, and Jones 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 Lisa C. Williams and investigated by the Linn County Sheriff’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file numbers are 18-cr-0059 and 18-cr-0072.

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The United States Attorney’s Office in Sioux City will hold a press conference Monday, June 17, 2019, at 3:30 p.m. where Branch Chief Timothy Duax and other members of law enforcement will discuss recent efforts to confront gun crimes and violence in Northwest Iowa, including the recent charging of 26 defendants for federal gun-related crimes. The press conference will be held at the United States Attorney’s Office located at 600 Fourth St. Suite 670, Sioux City, IA.

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CEDAR RAPIDS, IA – On June 17, 2019, five men will be sentenced in federal district court in Cedar Rapids, Iowa, following their convictions for drug, robbery, and gun crimes related to the fatal shooting of an individual in Coggon, Iowa, in February 2017.  On June 18, 2019, at 11:00 a.m. the United States Attorney’s Office and the Linn County Sheriff’s Office will hold a press conference at the United States Attorney’s Office in the federal courthouse, 111 Seventh Avenue SE, in Cedar Rapids to announce the results of those sentencing hearings. 

Additionally, United States Attorney Peter E. Deegan, Jr. will announce recent Project Safe Neighborhood gun charges in Eastern Iowa at the press conference.  Representatives from federal and local law enforcement will be present.    

Event Details

When:        June 18, 2019

Where:       Cedar Rapids Federal Courthouse (United States Attorney’s Office), 111 Seventh Avenue SE

Time:          11:00 a.m.

A press release will be provided and interview opportunities will be available.

Please RSVP to Tony Morfitt at [email protected] if you plan to attend. 

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A man who aided the obstruction of an FDIC examination was sentenced on June 13, 2019, to one year and one day in federal prison. 

Martin Smith, age 39, from Center Point, Iowa, received the prison term after an August 27, 2018 guilty plea to aiding and abetting the obstruction of an FDIC investigation. 

Smith worked as a bank vice president from 2009 to 2012.  Information at sentencing showed that, during a December 2011 FDIC examination, Smith made it appear as though a borrower’s delinquent loans had been refinanced several months prior, which kept regulators from scrutinizing those loans as part of the exam.  Information at sentencing also showed that Smith changed due dates and allowed unauthorized advances on other loans, ultimately causing the bank to incur more than $1 million in losses on loans that the bank never formally authorized and, in some circumstances, never even memorialized.  

Smith was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Smith was sentenced to 12 months’ and one day imprisonment.  He was ordered to make $1,270,132.97 in restitution.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Smith was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorney Jacob Schunk and investigated by the Federal Deposit Insurance Corporation Office of Inspector General and the United States Secret Service.  

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-00076.

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A Cedar Rapids man who sold heroin near an intermediate school in Cedar Rapids was sentenced today to 41 months in prison.

Andre Daniel Wilks, age 45, from Cedar Rapids, Iowa, received the prison sentence after a November 19, 2018 guilty plea to distribution of a controlled substance within 1,000 feet of a school. 

Information disclosed at sentencing and at his plea hearing showed that Wilks was sentenced to federal prison in 2002 for his involvement in an offense involving over 3,000 grams of cocaine.  Wilks was discharged from his federal sentence in 2015.  In mid-2016 Wilks started selling heroin.  On March 30, 2017, Wilks sold heroin within 1,000 feet of a school in Cedar Rapids.  In total, Wilks was responsible for selling about 95 grams of heroin around the Cedar Rapids area.  Wilks has 24 prior criminal convictions dating back to the age of 18. 

Wilks was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Wilks was sentenced to 41 months’ imprisonment.  He was ordered to make payment of $100 to the special assessment fund.  He must also serve a 6-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 Drug Enforcement Agency and the Cedar Rapids Police Department’s Narcotics and uniform division. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-00084.

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A woman who provided heroin that contained fentanyl to her cousin and another person causing her cousin’s death was sentenced June 10, 2019, to more than three years in federal prison.

Marvita Roxanna Causey, age 39, from Waterloo, Iowa, received the prison term after a November 20, 2018 guilty plea to distribution of controlled substances.

Court filings show that Causey gave what she believed to be heroin to two individuals, her cousin and another woman.  Residue from the leftover heroin showed that the heroin also contained fentanyl.  Causey’s cousin was later found dead and Causey agreed that the proximate cause of her cousin’s death was her distribution of heroin and fentanyl.

Causey was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Causey was sentenced to 37 months’ imprisonment.  She must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Causey is being held in the United States Marshal’s custody until she can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by Waterloo Police Department and the Federal Bureau of Investigation.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 18-CR-2061.

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A man who conspired to distribute methamphetamine was sentenced June 10, 2019, to more than eleven years in federal prison.

Ty Wildt, 30, from Webster City, Iowa, received the prison term after a January 8, 2019, guilty plea to conspiracy to distribute methamphetamine.  In 2016, Wildt was previously convicted of two felony drug offenses in Iowa.

Evidence at the plea hearing and sentencing showed Wildt was involved in a conspiracy from April 2018 through September 2018 that distributed more than 150 grams of pure methamphetamine.  On three occasions in August 2018, Wildt distributed more than 24 grams of pure methamphetamine to individuals cooperating with law enforcement.

Wildt was sentenced in Sioux City by United States District Court Judge C.J. Williams.  Wildt was sentenced to 141 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.  Wildt is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Wright County Sheriff’s Office, Webster City Police Department, and Iowa Division of Criminalistics Investigation. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-3038.  Follow us on Twitter @USAO_NDIA.

A man with a history of criminal convictions who possessed methamphetamine for distribution was sentenced June 11, 2019, to more than 15 years in federal prison.

Clyde Allen Lincoln, age 37 from Sioux City, Iowa, received the prison term after a November 26, 2018, guilty plea to one count of possession with intent to distribute methamphetamine within a protected location.

Evidence at the change of plea and sentencing revealed Lincoln attempted to flee from the scene of a traffic stop in Sioux City, Iowa on May 22, 2018.  During the foot pursuit, Lincoln discarded a package later determined to contain over 82 grams of pure methamphetamine.  The police caught and subdued Lincoln (who resisted arrest) near the protected areas of Rose Hill Park and Heelan High School in Sioux City, Iowa.

Lincoln’s criminal history included two operating while intoxicated offenses, four assault convictions, a burglary conviction, and two previous convictions for possession with intent to distribute drugs.  He was also on probation when he committed the instant federal offense.

Lincoln was sentenced in Sioux City by Chief United States District Court Judge Leonard T. Strand.  Lincoln was sentenced to 188 months’ imprisonment.  He must also serve an 8-year term of supervised release after the prison term.  There is no parole in the federal system.

Lincoln is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was investigation by the Sioux City, Iowa Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-4075.

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A woman who conspired to distribute methamphetamine pled guilty June 11, 2019, in federal court in Sioux City.

Winona Freemont, 35, from Sioux City, Iowa, was convicted of conspiring to distribute methamphetamine within a protected location.

At the plea hearing, Freemont admitted that from about July 2017 through April 2018 she participated in the distribution of more than 500 grams of pure methamphetamine in Sioux City.  Freemont distributed methamphetamine at a residence that was within 1000 feet of Cook Park.  Freemont admitted that she and others involved in the conspiracy would travel to Omaha, NE to obtain up to pounds of methamphetamine to bring back to Sioux City to distribute to others.  

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Freemont remains in custody of the United States Marshal and will remain in custody pending sentencing.  Freemont faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least ten years of supervised release following any imprisonment.

The case is being 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 19-4018.  Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine and illegally possessed firearms was sentenced June 10, 2019, to more than 15 years in federal prison.

Heath Cahill, 44, from Webster City, Iowa, received the prison term after a December 19, 2018, guilty plea to conspiracy to distribute methamphetamine and illegal possession of a firearm.  Cahill was previously convicted of two prior felony drug convictions in the state of Iowa in 1997 and 2005.

Evidence at the plea hearing and sentencing showed Cahill participated in a conspiracy that distributed more than 16 pounds of methamphetamine in the Webster City area from March 2018 through August 2018.  Evidence further showed that Cahill had methamphetamine shipped to his residence via Federal Express for another co-conspirator from a California source.  In August 2018, law enforcement, at Cahill’s residence, seized approximately 4 pounds of methamphetamine, over $2,000 in cash, a digital scale and a firearm.  In October 2018, law enforcement seized two more firearms, and more cash from Cahill’s residence. 

Cahill was sentenced in Sioux City by United States District Court Judge C.J. Williams.  Cahill was sentenced to 183 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.  Cahill 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, Webster City Police Department, Story County Sheriff’s Office, Ames Police Department, Iowa State Patrol, and Iowa Division of Criminalistics Investigation. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-3040.  Follow us on Twitter @USAO_NDIA.

A West Union man who sold a stolen firearm and was an unlawful user of marijuana and methamphetamine pled guilty today in federal court in Cedar Rapids.

Gilbert Lopez, Jr., age 33, from West Union, Iowa, was convicted of two counts of being an unlawful drug user in possession of firearms and one count of selling a stolen firearm.

At the plea hearing, Lopez admitted that on April 15, 2019, he was an unlawful user of marijuana and methamphetamine.  On that date he knowingly sold a stolen .40 caliber handgun to another.  On April 16, 2019, when law enforcement officials executed a search warrant, Lopez admitted he had a .380 caliber handgun. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Lopez remains in custody of the United States Marshal pending sentencing.  For each of the three counts, Lopez faces a possible maximum sentence of ten 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 Patrick Reinert and was investigated by the Winneshiek County Sheriff’s Office, 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-2026-CJW.

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A man who used another person’s Social Security number to get a job was sentenced today to more than three months in federal prison.

Juan Gabriel Xiquita-Aju, age 30, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, received the prison term after an April 12, 2019, guilty plea to one count of misuse of a social security number.

At the guilty plea, Xiquita-Aju admitted that on July 12, 2016, he used someone else’s social security number on employment forms when applying for work in Independence, Iowa.  He also used a fraudulent permanent resident card, also known as a “green card,” when he completed the employment forms.  Xiquita-Aju first came to the attention of immigration officials in March 2017 after his arrest for operating while intoxicated in Allamakee County, Iowa. 

Xiquita-Aju was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Xiquita-Aju was sentenced to 106 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.

Xiquita-Aju 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-2006.  Follow us on Twitter @USAO_NDIA.

A man who illegally returned to the United States after being deported was sentenced today to 18 months in federal prison.

Jorge Matute-Banegas, age 28, a citizen of Honduras illegally present in the United States and residing in Belmond, Iowa, received the prison term after a February 6, 2019, guilty plea to one count of illegal reentry into the United States after having been convicted of an aggravated felony.

At the guilty plea, Matute-Banegas admitted he had previously been deported from the United States in June 2011, April 2013 and October 2014 and illegally reentered the United States without the permission of the United States government.  Matute-Banegas was found by immigration agents in December 2018 after he was charged in Wright County, Iowa, with driving without a license. 

Matute-Banegas has prior convictions in Pinal County, Arizona, in July 2012 for possession of marijuana for sale, an aggravated felony, and in the United States District Court for the Southern District of Texas in October 2014 for illegal reentry into the United States after having been convicted of an aggravated felony. 

Matute-Banegas was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Matute-Banegas 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.

Matute-Banegas 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-3002.

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A man who escaped from custody while serving a federal sentence in the Gerald R. Hinzman Center pled guilty today in federal court in Cedar Rapids.

Ramius Hardiman, age 26, from Cedar Rapids, Iowa, was convicted of one count of escape from federal custody.

In a plea agreement, Hardiman admitted that he was in federal custody at the Gerald R. Hinzman Center pursuant to a federal court order issued in a 2013 federal firearm case beginning on October 23, 2018.  On November 15, 2018, Hardiman escaped from custody by signing out of the facility and failing to return.  Hardiman was ultimately arrested by the North Liberty Police Department on January 9, 2019. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Hardiman remains in custody of the United States Marshal pending sentencing.  Hardiman faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated by the United States Marshals Service, the Northern Iowa Fugitive Task Force, with the assistance of the North Liberty, Iowa, Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 19-CR-00050.

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A man who stole $78,734 in Social Security disability benefits over a nearly four year period was sentenced today to six months in federal prison.  Larry Joe Hanson, Sr., age 58, from Cedar Rapids, Iowa, received the prison term after an October 30, 2018 guilty plea to theft of government property.

According to a plea agreement and information disclosed at sentencing, Hanson received Social Security disability benefits from April 2013 through March 2017 because he told the Social Security Administration he was not able to work.  However, Hanson was working at a company in Cedar Rapids during this time.  Hanson lied and said all of the money he was making was from renting his tools to the company and not from working.  However, Hanson later asked his employer to put the wages he was making in his wife’s name because, according to Hanson, he wanted to work but could not get paid.  Between April 2013 and March 2017, Hanson received $78,734 in disability benefits to which he was not entitled.

Hanson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Hanson was sentenced to six months’ imprisonment. He was ordered to make $78,509.40 in restitution to the Social Security Administration.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Hanson was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorneys Jacob Schunk and Anthony Morfitt and investigated by the Social Security Administration – Office of the Inspector General.    Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 18-cr-73.

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A man who entered the United States illegally from Mexico was sentenced on May 31, 2019, to four months in federal prison.

Miguel Angel Prieto-Soto, age 33, from Mexico, received the sentence after an April 12, 2019, guilty plea to one count of unlawful use of identification documents.

At the guilty plea, Prieto-Soto admitted he had purchased a counterfeit permanent resident alien card and counterfeit social security card from an individual in Omaha for $200.  Prieto-Soto admitted he had used his real name on both cards.  He further admitted that he presented the counterfeit documents to Bliek’s Custom Fab in Hull, Iowa, for the purposes of obtaining employment.

Prieto-Soto was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Prieto-Soto was sentenced to four months’ imprisonment.  He must also serve a 1-year term of supervised release.       

The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Immigration and Customs Enforcement (ICE) and the Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 19-CR-04016.

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A Cedar Rapids man who tried to run over a deputized federal officer three times and struck a canine officer was sentenced May 30, 2019, to more than 12 years in federal prison.

Kelsey Leroy Beckett, age 24, from Cedar Rapids, Iowa, received the prison term after a January 7, 2019 guilty plea to one count of possessing a firearm as a felon, one count of escape, and one count of assault with a dangerous and deadly weapon.

In November 2016, Beckett led law enforcement officers on a high-speed car chase through highly populated parts of Cedar Rapids and Hiawatha, Iowa.  Beckett drove through the lawns of residences and the parking lot of a daycare center, and struck a skid loader and a parked car.  The car Beckett was driving—not his own car—caught on fire in the process.  During the fiery chase, Beckett totaled a United States Marshal’s Service (USMS) vehicle and tried three times to run over a USMS task force officer.  The officer had his service firearm drawn and his badge displayed.  Another officer was so afraid for the officer’s life that he was yelling at the officer to shoot Beckett.

After unsuccessfully attempting to run over the federal officer, Beckett then tried to flee on foot.  A K-9 officer’s dog temporarily stopped Beckett, but Beckett struck the dog multiple times.  The dog bit Beckett in self-defense.  It was the first time the dog had to bite a suspect to preserve the dog’s own life.

Beckett had previously served 30 months in federal prison after possessing a firearm with an obliterated serial number in 2013.  At the time he fled, Beckett was a fugitive from a residential reentry center, and he had two loaded, stolen firearms in his car.  One of the firearms, a Glock .40 caliber pistol, was in plain view on the driver’s side floorboard of the car.  It had an extended, 22-round Glock magazine that was full, including one round in the chamber. 

Court documents show that Beckett has a long history of assaultive behavior.  From as far back as 2009, Beckett beat up a female college student for no apparent reason—attacking her from behind and kicking her while she lay on the ground screaming for help.  Just weeks later, Beckett struck a shelter staff member in the head several times with his elbow and put her in a head lock.  In 2012, Beckett was convicted of assault causing bodily injury after he fought with loss prevention officers in the course of stealing items from a department store.  Beckett also has a history of unlawfully possessing firearms.  In 2013, Beckett was convicted in federal court for possessing a firearm with an obliterated serial number.  After Beckett was released from federal prison in 2015, he had his supervised release revoked twice, including for the November 2016 incident.

Beckett was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Beckett was sentenced to 151 months’ imprisonment.  He was ordered to make over $8,000 in restitution to the USMS, because he totaled a USMS vehicle in the chase.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.  Beckett’s 151‑month sentence follows a 24‑month sentence he began serving in 2016 for violating his supervised release in his 2013 federal firearms case.  Earlier this month, a local woman, Saudia Raquel Watkins, who provided Beckett a car ride and smoked marijuana with him while he was on the lam, was sentenced to 3 months’ imprisonment after pleading guilty to one count of misprision of a felony.

Beckett is being held in the United States Marshal’s custody until he can be transported back to a federal prison.

The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the United States Marshal’s Service. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-94.

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A man who conspired to distribute methamphetamine and illegally possessed a gun pled guilty June 3, 2019, in federal court in Sioux City.

Robinson Nguyen, 38, from Selma, California, was convicted of one count of conspiring to distribute methamphetamine; one count of possessing with intent to distribute methamphetamine; and one count of illegally possessing a firearm.  Nguyen was previously convicted of at least four felony offenses in California, ranging from thefts to possession of a controlled substance to possession of ammunition by a prohibited person.

At the plea hearing, Nguyen admitted that from about September 2017 through July 2018, he was involved in a conspiracy that distributed over a pound of methamphetamine.  Evidence at the hearing showed that Nguyen arranged for co-conspirator Jocelyn Mendoza to travel by bus from Fresno, California to Sioux City, Iowa with approximately ¼ pound of methamphetamine hidden inside a neck rest.  Nguyen and others in the conspiracy intended to distribute this methamphetamine.  Law enforcement later seized a 9mm pistol from a search of the house where Nguyen resided.  Nguyen admitted he possessed the gun for protection from robbery.    

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Nguyen remains in custody of the United States Marshal pending sentencing.  Nguyen faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and four years up to life of supervised release following any imprisonment.

The case is being 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 18-4089.  Follow us on Twitter @USAO_NDIA.

A woman who failed to disclose her husband’s income when applying for welfare benefits was sentenced today to two months in federal prison.

Cleotilde Puac-Gomez, age 46, a citizen of Guatemala illegally present in the United States and residing in Clarion, Iowa, received the prison term after a February 6, 2019, guilty plea to one count of theft of U.S. government funds.

In a plea agreement, Puac-Gomez, an illegal alien, admitted she failed to report her husband’s income when applying for, and receiving, Supplemental Nutrition Assistance Program (SNAP) and Medicaid benefits between June 2012 and November 2017.  During that time period, her husband Melvin Rodriguez-Barrios, also an illegal alien, was working under an alias and used someone else’s social security number to obtain work.  By failing to accurately report the family’s income, Puac-Gomez received $19,908.30 in overpayment of food stamps and other welfare benefits in funds belonging to the United States and distributed by the State of Iowa.

Rodriguez-Barrios, age 44, was sentenced on March 27, 2019, to six months’ imprisonment following a January 2, 2019, bench trial finding him guilty of three counts of unlawful use of an identification document and four counts of misuse of a social security number.

Puac-Gomez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Puac-Gomez was sentenced to two months’ imprisonment.  She was ordered to make $19,908.30 in restitution to the State of Iowa.  She must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Puac-Gomez 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 Daniel C. Tvedt and investigated by the Department of Homeland Security, Homeland Security Investigations, the United States Department of Agriculture, Office of Inspector General, and the Iowa Department of Inspections and Appeals Investigation Division - Economic Fraud Control Bureau. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-3044.

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A man previously convicted of robbery who possessed a gun with an obliterated serial number while under the influence of marijuana was sentenced today to almost four years in federal prison.

Joseph Bogovich, age 34, from Dubuque, Iowa, received the prison term after a February 7, 2019 guilty plea to being a felon in possession of a firearm.

Information disclosed at sentencing and in a written plea agreement showed that shortly after 1:00 a.m. on September 8, 2018, Bogovich was driving in Dubuque when he hit a parked car.  Bogovich’s driver’s license was suspended at the time.  He drove away from the scene, but a witness to the accident reported it to the police.

Officers from the Dubuque Police Department found Bogovich a short time later outside his home.  Bogovich admitted to hitting the parked car because he lost control while scratching off a lottery ticket.  An officer saw a handgun in Bogovich’s car.  The serial number had been obliterated from the gun.  Bogovich had previously been convicted of a felony robbery offense.  Officers also found marijuana in the car and Bogovich admitted to having used marijuana earlier that night.

Bogovich was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Bogovich was sentenced to 46 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.

Bogovich 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 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 18-CR-1048.

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A Cedar Rapids man who returned fire at a drive-by shooter was sentenced today to 24 months in prison.

Treysean Adair Burnside, age 23, from Cedar Rapids, Iowa, received the prison sentence after a January 14, 2019 guilty plea to possession of a firearm by a drug user. 

Information disclosed at sentencing and in a written plea agreement showed that on July 22 of last year, Burnside got into an argument over a fake $100 bill at a local bar in Cedar Rapids.  After the argument, Burnside went home and received a call from an unknown man asking where he was.  Burnside then retrieved a loaded 9mm gun from his residence and waited on the front porch.  A short time later, a vehicle drove by and someone inside the vehicle fired a shot at Burnside’s residence.  Burnside fired back six or seven times.  No one was hurt in the shooting but a nearby residence was struck by some of the shots and sustained damage to the interior of the residence.  Burnside was high on cocaine at the time.  Burnside also admitted to police that he used marijuana every day. 

Burnside was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Burnside was sentenced to 24 months’ imprisonment.  There is no parole in the federal system.

Burnside was ordered to self-surrender to United States Marshal’s custody on June 14, 2019 to begin serving his 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.

The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cedar Rapids Police Department.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-2068.

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A man who distributed heroin was sentenced May 29, 2019, to 25 years in federal prison.

Shelton Oliver, a/k/a Sinbad, 48, from Sioux City, Iowa, received the prison term after an August 14, 2018, jury verdict finding him guilty of one count of conspiracy to distribute heroin and four counts of distribution of heroin, all within 1000 feet of a protected location.  Prior to being found guilty in Sioux City, Oliver had been convicted of two serious felony drug offenses in Illinois. 

Evidence at trial showed that Oliver distributed heroin on February 7, 14, and 27, 2018, and March 13, 2018, to a confidential informant utilized by law enforcement.  Evidence also showed that Oliver was involved in a conspiracy to distribute heroin in the Sioux City area from 2016 through approximately March 27, 2018.  Evidence proved that the conspiracy and the four separate distributions all occurred within 1000 feet of protected locations, namely: Dale Street Park, Grandview Park, Alfred Thompson Children’s Park, Dinosaur Park, and Hunt Elementary School, in Sioux City, Iowa. 

Evidence at trial also showed that on October 6, 2017, Oliver distributed heroin to Ty Olsen, who later died on this same date from a heroin overdose.  The evidence at trial further showed that on March 13, 2018, Oliver, dealing heroin out of a car, sold heroin to a confidential informant while another person was overdosing in the passenger seat. Fortunately, the other person was later revived by medical personnel.

Oliver was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Oliver was sentenced to 300 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.  Oliver is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorneys Jack Lammers and Mikala Steenholdt 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 18-4038. Follow us on Twitter @USAO_NDIA.

A Cedar County man who shot his neighbor’s house numerous times pled guilty today in federal court in Cedar Rapids to being a felon in possession of ammunition.

Randolph High, age 62, from Stanwood, Iowa, was convicted of being a felon in possession of ammunition.

In a plea agreement, High admitted that on January 27, 2019, he shot his neighbor’s house numerous times.  The neighbor’s house, cars, and a camper sustained dozens of bullet impacts.  The Cedar County Sheriff’s Office searched High’s home and found magazines for firearms, numerous .22 caliber rounds of ammunition, and 71 expended shell casings for a .22 caliber firearm.  

Sentencing before United States District Court Judge CJ Williams will be set after a presentence report is prepared.  High remains in custody of the United States Marshal pending sentencing.  High faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated by Cedar County Sheriff’s Office, Iowa State Patrol, and the Muscatine County Sheriff’s Office with the assistance of the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement effort on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 19-CR-00033.

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A Mason City car dealer who laundered what he believed to be drug proceeds by selling a car for cash and not reporting the sale as he was required to do was sentenced today to more than a year in federal prison.

Jerry Flaherty, age 54, from Mason City, Iowa, received the prison term after an October 25, 2018 guilty plea to money laundering.

Information disclosed at sentencing and in a written plea agreement showed that in the spring of 2014, an undercover law enforcement officer met Flaherty at his car dealership, Wheel Man Auto, LLC in Mason City.  During one meeting, the law enforcement officer purported to be a drug dealer and told Flaherty, among other things, that “I just don’t want the government forms to file” and “I just don’t want anything in my name.”  During a second meeting, the undercover officer agreed to buy a car for $20,500 in cash, but Flaherty agreed to record the sale as a $15,000 credit card sale.  During the meeting, the undercover officer told Flaherty “You know my deal.  You know I sell cocaine and my thing is I just don’t need no, them government forms.”  After the sale was completed, Flaherty never filed a form he was required to file under federal law documenting the sale.

Flaherty was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Flaherty was sentenced to 18 months’ imprisonment.  He was also fined $25,000.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

Flaherty was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Internal Revenue Service. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-3016.

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A man who used a cell phone to facilitate a drug deal was sentenced on May 28, 2019, to three years’ probation.

Myles Schwitzer, age 38, from Cedar Rapids, Iowa, received the prison term after a December 21, 2018 guilty plea to one count of using a communications facility to commit a felony drug crime.

At the guilty plea, Schwitzer admitted he utilized a cellular telephone to help commit the felony crimes of possession of heroin and attempted possession of heroin.

Schwitzer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Schwitzer was sentenced to 3 years’ probation and fined $2,500.

The case was investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement, and prosecuted by Special Assistant United States Attorney Patrick Greenwood and Assistant United States Attorney Dan Chatham. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-00107-CJW-MAR.

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A Cedar Rapids man who escaped from federal custody at the Gerald R. Hinzman Center in Cedar Rapids, Iowa, in 2018 was sentenced today to serve 22 months in federal prison.

Alan Ault, age 45, from Cedar Rapids, Iowa, received the prison term after a January 29, 2019 guilty plea to one count of escape from federal custody and a May 30, 2019 admission that he also violated the terms of his supervised release from a 2004 federal drug and firearm conviction by escaping from custody and committing other violations of his supervised release.

At the guilty plea and during the supervised release revocation hearing, Ault admitted he escaped from the Gerald R. Hinzman Center on March 27, 2018, where he was completing the last months of a twenty-year federal drug sentence.  Ault was originally sentenced on January 13, 2005, and was moved to the Gerald R. Hinzman Center in Federal Bureau of Prisons custody in September of 2017.  The Northern Iowa Fugitive Task Force arrested Ault in Cedar Rapids on August 27, 2018.

Ault was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Ault was sentenced to serve 14 months’ imprisonment for his supervised release violation and an additional, consecutive term of 8 months’ imprisonment for the new escape charge.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.  Ault is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the United States Marshal’s Service and the Northern Iowa Fugitive Task Force.  Court file information at https://ecf.iand.uscourts.gov/.  The case file numbers are 18-CR-00111 and 04-CR-0045.

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A man who possessed a firearm while subject to an order of protection was sentenced today to more than one year in federal prison.

Dishad Anthony Holmes, age 18, from Cedar Rapids, Iowa, received the prison term after a January 31, 2019, guilty plea to possession of a firearm while subject to an order of protection.

At the guilty plea, Holmes admitted in September 2018, he took an American Tactical Imports Omni Hybrid 5.56 rifle to another person’s home in Cedar Rapids.  Probation officers later discovered the firearm, which was equipped with a high capacity magazine, in the home. 

Holmes was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Holmes was sentenced to 20 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.

Holmes is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Cedar Rapids Safe Streets Task Force and the High Risk Unit of the Sixth Judicial District Probation Department.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-cr-0118.

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Matthew Barrett Robbins, age 46, William Leo Yancey, age 43, and Danielle Lynn Busch, age 29, have been charged with one count of robbery affecting interstate commerce, one count of conspiracy to commit robbery affecting interstate commerce, and one count of using, carrying, and brandishing a firearm during a crime of violence resulting in murder.  The charges are contained in an Indictment unsealed today in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about May 31, 2014, Robbins, Yancey, and Busch conspired to and robbed another individual of methamphetamine and the proceeds of controlled substance transactions.  The indictment further alleges that the three used and possessed a firearm in furtherance of the robbery, which they brandished and discharged, causing the death of another individual.

If convicted on all charges, each defendant faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $750,000 fine, and eleven years of supervised release following any imprisonment.­

Busch appeared today in federal court in Cedar Rapids and was held without bond.  Busch’s next appearance for a detention hearing is set for June 3, 2019.

As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

The case is being prosecuted by Assistant United States Attorneys Lisa Williams and Richard Murphy and was investigated by the Marion Police Department, the Iowa Department of Criminal Investigation, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Cedar Rapids Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Davenport Police Department, the Iowa Division of Narcotics Enforcement, the Benton County Sheriff’s Office, and the Cedar County Sheriff’s Office.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 19-CR-53.

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A man who was responsible for distributing pounds of ice methamphetamine while he was in state prison was sentenced May 17, 2019, to ten years in federal prison.

Cash Burch, age 35, from Des Moines, Iowa, received the prison term after a February 4, 2019, guilty plea to conspiracy to distribute methamphetamine.

Evidence during the case established that while incarcerated in state prison for state felony drug charges, Burch became involved in a conspiracy to distribute ice methamphetamine.  Once released from state prison, he continued his involvement in the conspiracy, ultimately distributing more than ten pounds of ice methamphetamine

Burch was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Burch was sentenced to 120 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.

Burch is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of Federal Bureau of Investigation, Iowa Division of Narcotics Enforcement, Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer  County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department), Mid Iowa Drug Task Force (Marshalltown Police Department; Marshall County Sheriff’s Office; Tama County), and Dubuque Drug Task Force (Dubuque Police Department; Dubuque County Sheriff’s Office). 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-2024.

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A man who illegally returned to the United States after being deported was sentenced today to over three months in federal prison.

Francisco Gomez-Tino, age 32, a citizen of Guatemala illegally present in the United States and residing in Toledo, Iowa, received the prison term after a March 15, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Gomez-Tino admitted he had previously been deported from the United States in June 2011 and August 2013 and illegally reentered the United States without the permission of the United States government.  Gomez-Tino was found by immigration agents in February 2019 after he was charged in Tama County, Iowa, with operating a motor vehicle while intoxicated and providing false identification information.  That case is still pending.

Gomez-Tino has prior convictions providing false identification and failure to appear in July 2004 in Moore County, Texas, driving under the influence of alcohol in April 2011 and interference with law enforcement in August 2013, both in Cowley County, Kansas.  Gomez-Tino used an alias in these prior cases.

Gomez-Tino also has cases pending in Kansas and Nebraska.  Gomez-Tino was arrested in Cowley County, Kansas, in March 2014 and charged with domestic battery, driving under the influence, and fleeing or attempting to elude a police officer.  Gomez-Tino was arrested in Dodge County, Nebraska, in August 2014 and charged with terroristic threats and disorderly conduct.

Gomez-Tino was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gomez-Tino was sentenced to 102 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.

Gomez-Tino 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-21.

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A man who distributed crack cocaine in Waterloo was sentenced May 17, 2019, to more than five years in federal prison.

Edward Smart, age 56, from Waterloo, Iowa, received the prison term after a July 2, 2018, guilty plea to conspiracy to distribute 28 grams or more of crack cocaine.  Smart had previously been convicted of a felony drug offense.

Smart was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Smart was sentenced to 68 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.

Smart is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Special Assistant United States Attorney Drew Inman and investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Bureau of Alcohol, Tobacco, and Firearms, Drug Enforcement Administration, Iowa Division of Narcotics Enforcement, and the Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department). 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-2023.

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A man responsible for running a complex drug trafficking organization was sentenced May 17, 2019, to more than 14 years in federal prison.

Michael Pineda, age 34, from San Ysidro, California, received the prison term after an August 6, 2018, guilty plea to conspiracy to distribute at least 500 grams of methamphetamine and conspiracy to commit money laundering. 

Evidence during the case established that Pineda served as a source of ice methamphetamine for numerous individuals.  Pineda shipped the methamphetamine to Iowa from California, typically concealed in car stereo boxes.  Once the methamphetamine arrived in Iowa, Pineda relied on various individuals to pick it up, repackage it, distribute it, and later collect money from its sale. 

In order to conceal the money from the drug sales, Pineda directed others in the conspiracy, including his wife, to open bank accounts under fictitious business names.  He then instructed his drug customers to deposit drug proceeds into these bank accounts.  In less than two years, Pineda laundered more than $370,000 of drug money through these accounts.  He also instructed other individuals to cash from the sales to California.  One such individual was intercepted at the San Diego Airport carrying approximately $35,000 in drug proceeds.    

Pineda was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Pineda was sentenced to 175 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.

Pineda is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of Federal Bureau of Investigation, Iowa Division of Narcotics Enforcement, and the Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department). 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 17-CR-2084.

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A Waterloo man who possessed a firearm in a car in Waterloo in June 2018 was sentenced May 15, 2019, to nearly two years in federal prison.

Dereon Equwan Davenport, age 20, from Waterloo, Iowa, received the prison term after a November 8, 2018, guilty plea to possessing a firearm as a drug user.

Evidence at sentencing showed that Davenport was driving a car in Waterloo on June 3, 3018, when the Waterloo Police Department stopped him for a traffic violation.  When officers approached the vehicle, they smelled marijuana.  During a search of the car, officers found an unloaded German .22 caliber revolver and marijuana in the front center console.  At the time, Davenport was wanted in Winnebago County, Illinois, for probation violations arising out of an incident in which Davenport was found with dealer-quantity hydrocodone and other prescription pills at a school.  There was also a warrant outstanding for Davenport’s arrest in Madison County, Illinois, after Davenport tried to punch his counselor with a closed fist and threatened to return to his health care provider’s place of business with a gun to “shoot the place up.”

Davenport was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Davenport 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.         

Davenport was is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Federal Bureau of Investigation and the Waterloo Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-2055.

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Aaron Olson, age 35, of Nora Springs, Iowa, has been charged with two counts of sexual exploitation of a child.  The charges are contained in an Indictment unsealed on May 9, 2019, in United States District Court in Cedar Rapids. 

The Indictment alleges that, between 2017 and 2018, Olson used two minors to engage in sexually explicit conduct for the purpose of producing visual depictions.

If convicted, Olson faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 60 years’ imprisonment, a $500,000 fine, and at least five years and up to life on supervised release following any imprisonment.

Olson appeared on May 9, 2019, in federal court in Cedar Rapids and was held without bond.  Olson’s next appearance for trial is set for July 8, 2019.

As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Iowa Division of Criminal Investigation and the Nora Springs Police Department.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 19-2029. 

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A man who conspired to distribute methamphetamine was sentenced May 14, 2019, to ten years in federal prison.

Gary Gibbs, 48, from Soldier, Iowa, received the prison term after a November 13, 2018, guilty plea to conspiracy to distribute methamphetamine.  Gibbs was previously convicted of four felony drug offenses in Nebraska.

At the plea hearing, Gibbs admitted that from January 2017 through February 2018, he and others were involved in a conspiracy that distributed more than 500 grams of methamphetamine.  Gibbs further admitted to obtaining methamphetamine from sources in Omaha, Nebraska to sell in the Monona County area.  On November 23, 2017, a Monona County Sheriff’s deputy traffic stopped Gibbs and found Gibbs with about ½ ounce of methamphetamine.  The deputy also witnessed Gibbs throw a bag out the passenger door window.  Deputies returned to the area where Gibbs had thrown out the bag and located about 3 ounces of methamphetamine, 1 ounce of marijuana, and other indicia of drug distribution in the bag.  On June 12, 2018, when arrested on the federal charges in this case, Gibbs was found to be in possession of about ¼ ounce of methamphetamine, and approximately $1,400. 

Gibbs was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Gibbs was sentenced to 120 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.  Gibbs is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Monona County Sheriff’s Office, 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 18-4047.  Follow us on Twitter @USAO_NDIA.

A man whose phone calls and text messages were intercepted by police as he purchased heroin was fined and sentenced on May 14, 2019, to probation and home detention.  

Ray Robertson, age 53, from Cedar Rapids, Iowa, received the sentence after a November 1, 2018, guilty plea to using a communication facility to commit a felony drug crime.

Information disclosed at the sentencing hearing indicates that law enforcement was conducting a court-authorized wiretap investigation when Robertson was intercepted, on multiple occasions, purchasing heroin.  Robertson used his cell phone to make phone calls and text messages to arrange the purchases of the heroin.  Because Robertson had prior drug-related convictions, his purchase and possession of heroin was a felony under federal law.

Robertson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Robertson must serve a three-year term of probation, a condition of which is that he serve a 60-day term of home detention.  Robertson must also pay a fine of $3,000.

The case was prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice, by the Drug Enforcement Administration (DEA) Task Force, consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-105. 

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A law enforcement officer from Sioux City, Iowa, is being honored by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for his commitment to reducing drug abuse.  A recipient of the 2018 Enrique S. Camarena Award is Lieutenant Brad Bollinger of the Sioux City Police Department.      

The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords.  This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.

This year’s award recipient has gone above and beyond the call of duty in pursuit of a drug-free community:

• Lieutenant Brad Bollinger has demonstrated a lifelong dedication to fighting drug abuse and working with young people.  Through his work for many years with the GREAT and DARE programs, Lieutenant Bollinger provided valuable anti-drug and anti-gang curriculum to young students in multiple schools.  In his capacity leading the Department’s Youth Bureau and as the Community Policing Coordinator, Lieutenant Bollinger developed and coordinated numerous programming activities aimed at keeping young people involved in lawful activities and away from criminal activity and drug abuse.  From creating programs such as the “Books for Kids” program, to securing grants to combat opioid abuse, to serving on various boards and advisory committees focused on combatting drug, alcohol, and tobacco abuse among minors, Lieutenant Bollinger has demonstrated a robust passion for securing bright futures for young people in the community. 

Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “Lieutenant Bollinger is a worthy recipient of the Enrique S. Camarena award.  He is a true public servant who recognizes that there are certain problems that cannot be solved through criminal prosecution alone.  Sioux City is safer due to his hard work and dedication to the young people in our community.”

“The Enrique S. Camarena award is given each year to law enforcement professionals who personify the strong character and values of our fallen colleague,” Darin Thimmesch, Acting Special Agent in Charge of the DEA Omaha Division said.  “These award winners truly represent the best of Special Agent Camarena with their passion, commitment and generosity continuously on display in their work and home life. It is an honor to recognize these men for their outstanding investigative efforts that have aided in disrupting the illegal activities of drug trafficking organizations from in and around Iowa.”

U.S. Attorney Deegan will present Lt. Bollinger his award at the Sioux City Police Department’s Spring Awards and Promotions Ceremony on May 16, 2019. The ceremony will be held at 7:00p.m. at the Betty Strong Encounter Center.

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 A man who conspired to distribute methamphetamine and illegally possessed firearms was sentenced May 15, 2019, to 15 years in federal prison.

Cody Groat, 25, from Fort Dodge, Iowa, received the prison term after a November 16, 2018, guilty plea to conspiracy to distribute methamphetamine; possession with intent to distribute methamphetamine; possession of a firearm in furtherance of a drug trafficking crime; and possession of firearms by a domestic abuser.  Groat was previously convicted of domestic abuse assault in July of 2013.  

At sentencing, the district court found that from about 2017 through July 2018, Groat and others conspired to distribute more than four pounds of methamphetamine in the Fort Dodge area.  On December 27, 2017, law enforcement executed a search warrant of Groat’s residence.  At that time officers seized about ¾ pound of methamphetamine, three handguns, a shotgun, and assorted 9mm ammunition.  It was later determined that two of the 9mm handguns had been stolen from a large scale firearm (150+) burglary/arson case in Calhoun County, Iowa.  

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  

Groat was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Groat was sentenced to 180 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.  Groat 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 Fort Dodge Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Webster 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 18-3023.  Follow us on Twitter @USAO_NDIA.

A convicted felon who possessed and sold a firearm was sentenced on May 16, 2019, to more than one year in federal prison.

James Leroy Walter Kottman, age 42, from Luana, Iowa, received the prison term after a December 28, 2018, guilty plea possessing a firearm as a felon.

At the guilty plea, Kottman admitted that in November 2017 he sold a gun to his brother-in-law.  The buyer later became concerned that the gun had been stolen and turned it into police.  Kottman was a felon at the time of the sale, having previously been convicted of possession of heroin with intent to deliver.  While state court charges were pending, Kottman obstructed justice by attempting to have the purchaser tell police that he obtained the gun from someone else. 

Kottman was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Kottman 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.

Kottman is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Clayton County Sheriff’s Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-1046.

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Derek Clemens, age 31, of Evansdale, Iowa, has been charged with receipt and possession of child pornography.  The charges are contained in an Indictment unsealed on May 8, 2019, in United States District Court in Cedar Rapids. 

The Indictment alleges that, in 2018, Clemens knowingly received child pornography and possessed child pornography on a cell phone. 

If convicted, Clemens faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $500,000 fine, and at least five years and up to life on supervised release following any imprisonment. 

Clemens appeared on May 10, 2019, in federal court in Cedar Rapids for a detention hearing and was held without bond.  Clemens’ next appearance for trial is set for July 8, 2019. 

As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Iowa Division of Criminal Investigation and the Evansdale Police Department.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 19-2030.

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 A man who conspired to distribute methamphetamine was sentenced May 16, 2019, to 12 years in federal prison.

John Edward Willroth, 54, from Charter Oak, Iowa, was convicted of one count of conspiring to distribute methamphetamine and one count of distributing methamphetamine on November 16, 2018.  Willroth was previously convicted of five felony drug offenses in Iowa.

At the guilty plea, Willroth admitted that from about 2016 through March 2018 he was involved in a conspiracy that distributed at least 1.5 kilograms of methamphetamine.  Evidence at the hearing also showed that on three occasions, in 2016 and 2017, Willroth distributed and possessed with the intent to distribute about 30 grams of actual (pure) methamphetamine to other persons.

Willroth was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Willroth was sentenced to 144 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.  Willroth 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 18-4046.  Follow us on Twitter @USAO_NDIA.

A federal judge found a convicted felon who tried to rob a group of people at gunpoint guilty on May 16, 2019, after a bench trial. 

Carl Anthony McArthur, age 40, from Cedar Rapids, Iowa, was found guilty after a May 14, 2019 bench trial.  The judge found McArthur guilty of possessing a firearm as a felon and person convicted of a crime of domestic violence. 

Evidence at trial showed that on March 17, 2018, McArthur and another individual went into a home on 20th Avenue in Cedar Rapids.  In the home, they held at least four people at gunpoint while demanding money.  Someone in the group called 9-1-1 and police responded a short time later.  McArthur and the other individual hid the guns as officers came into the home.  The other individual was able to get away from police and run.  Officers found the two loaded guns underneath clothes and a blanket.  Officers also found two baggies of methamphetamine in McArthur’s pockets.  McArthur admitted he had been at the house earlier in the day to get methamphetamine.  McArthur was prohibited from possessing firearms based on a 2003 domestic violence conviction and a 2009 conviction for unlawfully possessing a gun.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

McArthur is being held in the United States Marshal’s custody until he can be sentenced.  A sentencing date has not yet been set. 

The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Pat Reinert and investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.  

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-CR-0102.

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A Cedar Rapids drug user who possessed a stolen gun was sentenced May 14, 2019, to nearly five years in federal prison. 

Riley Neff-Gonzales, age 20, from Cedar Rapids, Iowa, received the prison term after a November 2, 2018 guilty plea to one count of possession of a firearm by a drug user. 

Evidence at the sentencing and plea hearings showed that Neff-Gonzales unlawfully possessed a stolen gun, a .22 caliber revolver, on April 6, 2018, nearly two years after the gun had been reported stolen.  Neff-Gonzales also admitted to knowing the gun had been stolen.  At the time authorities found Neff-Gonzales with the gun, he tested positive for several drugs, including benzodiazepines, opiates, cocaine metabolites, and marijuana.  Neff-Gonzales also has a prior conviction for assault while displaying a dangerous weapon. 

Neff-Gonzales was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Neff-Gonzales was sentenced to 57 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was prosecuted by Assistant United States Attorney Jake Schunk and investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-cr-00074-CJW.

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