Northern District of Iowa
Press releases recorded for this federal judicial district.
Contractor Who Put His Workers at Risk of Asbestos Exposure Sentenced in Federal CourtRead the Press Release
An experienced Algona contractor who purchased and renovated the former Kossuth County Home without thoroughly inspecting for asbestos was sentenced February 13, 2019, to two years of probation.
Steven A. Weaver, age 61, from Algona, Iowa, received sentence after an October 11, 2018 guilty plea to one count of violating clean air work practice standards.
In a plea agreement, Weaver admitted he was an experienced contractor and building inspector who had worked for various Iowa municipalities since the early 2000s. During this time, Weaver performed work for the municipalities that was financed by the United States Department of Housing and Urban Development through the Iowa Finance Authority. Weaver was responsible for conducting initial inspections of residential properties to determine whether it was cost-effective to rehabilitate each home. In conjunction with this work, Weaver gained experience working with lead and asbestos.
In November 2013, Weaver purchased the former Kossuth County Home in the Algona area. Weaver intended to convert the building into apartments to be known as “The Oasis.” Weaver hired workers to renovate the building. None of these workers were licensed to remove asbestos. Prior to beginning the renovation, Weaver failed to thoroughly inspect the building for asbestos to determine whether it was subject to regulation.
In November 2014, the Environmental Protection Agency (“EPA”) searched Weaver’s property and determined piping in the basement contained regulated asbestos. Weaver’s workers had already removed the piping. An EPA agent asked Weaver whether he had notified the Iowa Department of Natural Resources (“IDNR”) before the renovation and, when Weaver indicated he had not, the EPA agent instructed Weaver to report to IDNR. However, Weaver did not notify IDNR. Instead, Weaver continued the renovation operation in late 2014 without properly notifying IDNR.
Weaver was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Chief Judge Strand indicated the offense was “aggravating” because Weaver had cut corners on his own renovation project and potentially put his workers at risk of asbestos exposure. Weaver was sentenced to two years of probation, fined $10,000, and ordered to pay costs of prosecution in the amount of $1,573.35.
The case was prosecuted by Assistant United States Attorneys Tim Vavricek and Matt Cole and investigated by the Environmental Protection Agency.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-3039-LTS.
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Selling Two Guns Leads to over Three Years in Federal Prison for Convicted FelonRead the Press Release
A Nashua man with multiple prior felony convictions who sold two firearms in July 2018 was sentenced today to more than three years in federal prison.
Dalton Mathias Prochaska, age 27, from Nashua, Iowa, received the prison term after a November 14, 2018 guilty plea to being a felon in possession of a firearm.
In a plea agreement, Prochaska admitted selling two guns to different people. Within a five-day period in July 2018, Prochaska sold a 9mm pistol and a .45 caliber pistol. Prochaska was previously convicted of three felony offenses, two burglaries and a forgery.
Prochaska was sentenced in Cedar Rapids by United States District Court Judge C. J. Williams. Prochaska was sentenced to 37 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Prochaska is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by Nashua Police Department, the Iowa State Patrol, Chickasaw Sheriff’s 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-2056.
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Mason City Nurse Sentenced to Three Years in Federal Prison for Stealing Pain Medication for over a Year from PatientsRead the Press Release
An Iowa nurse who stole pain medications from his patients and created false medical records to cover up his thefts was sentenced February 13, 2019, to three years in federal prison.
James Allen Moorehead, age 58, from Mason City, Iowa, received the prison term after an August 13, 2018 guilty plea to one count of acquiring a controlled substance by misrepresentation, fraud, deception, and subterfuge, one count of false statements relating to health care matters, and one count of aggravated identity theft.
In a plea agreement, Moorehead admitted that he was employed at Franklin General Hospital in Hampton, Iowa, as a registered nurse in 2016 and 2017. During this employment, he used patient identities to get controlled substances by accessing their prescribed medication in the hospital’s system and diverting those pain pills to himself. He specifically stole pills containing hydrocodone. Moorehead concealed his scheme by making false entries in medical records that the medications were actually administered to the patients. He would also give his patients Tylenol instead of their prescribed pain medication. Multiple patients reported increased pain during Moorehead’s shifts.
Moorehead had previously surrendered his nursing license under a 2008 Iowa Board of Nursing agreement, after having been terminated from North Iowa Mercy Health Center and Genesis Health Center for stealing opioids. The Iowa Board of Nursing reinstated Moorehead’s nursing license in June 2011, and he began working at Franklin General Hospital in March 2012. He was terminated from that job in March 2017.
Moorehead was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. At Moorehead’s sentencing, Judge Reade called his crimes “outrageous” and found the impact upon his victims to be “significant.” Judge Reade noted that Moorehead had received a second chance from the Iowa Board of Nursing but had reengaged in the same criminal conduct to the detriment of vulnerable people in his care.
Moorehead was sentenced to 36 months’ imprisonment and fined $20,000. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Judge Reade also found Moorehead lied on a court form, under oath, in order to obtain court-appointed counsel, by failing to disclose assets, including bonds and an IRA. Judge Reade ordered Moorehead’s lawyer to itemize all of the lawyer’s costs in defending Moorhead and indicated the Court would order Moorehead to repay all of those costs to the Court at a later date.
Moorehead 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 Lyndie M. Freeman and Tim Vavricek and investigated by the Iowa Medicaid Fraud Control Unit.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-3021.
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Dubuque Woman Sentenced for Illegally Possessing Multiple GunsRead the Press Release
A woman who possessed guns while using drugs was sentenced on February 13, 2019, to three years’ probation.
Marliesha Scott, age 39, from Dubuque, Iowa, received the sentence after a July 9, 2019, guilty plea to drug user in possession of firearms. Scott possessed three guns while using cocaine and marijuana. The guns were recovered during a Department of Human Services investigation related to her minor children.
Scott was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Scott was sentenced to three years’ probation.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco and Firearms.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1014.
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Drug User in Possession of a Gun Sentenced to Federal PrisonRead the Press Release
A Waterloo marijuana user who possessed a gun and high-capacity magazine was sentenced yesterday to more than two years in federal prison.
Antonio Rodriquez Ross, age 24, from Waterloo, Iowa, received the prison term after an August 24, 2018 guilty plea to being a drug user in possession of a firearm.
In a plea agreement, Ross admitted he possessed a gun while he was an unlawful user of marijuana. He further admitted that at the time he possessed the gun, law enforcement was investigating him for his involvement in drug trafficking and use crimes. Ross was also in possession of a high-capacity magazine capable of holding 30 rounds of ammunition.
Ross was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Ross was sentenced to 32 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.
Ross is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by Waterloo Police Department, the Federal Bureau of Investigation, 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-2018.
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Convicted Felon Who Used a Shotgun to Steal Money Outside a Casino Sentenced to Eight Years in Federal PrisonRead the Press Release
A man who illegally possessed a shotgun that he used to steal money was sentenced on February 13, 2019, to eight years in federal prison.
Harold Amos, age 40, from Coos Bay, Oregon, received the prison term after an August 9, 2018 guilty plea to being a prohibited person in possession of a firearm and ammunition.
In March 2018, Amos was at the Meskwaki Bingo Casino Hotel in Tama, Iowa. Video cameras captured him becoming very angry while in a discussion with other individuals. Amos left the casino and went to his car. One of the other individuals also went outside. Amos then got a shotgun from the car and pointed it at the other individual. While armed with the shotgun, Amos stole cash from this individual. Police later located Amos driving this same car and recovered the shotgun in the truck. The shotgun was loaded.
Amos had previously been convicted of a misdemeanor crime of domestic violence and a felony for manufacturing methamphetamine.
Amos was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Amos was sentenced to 96 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Amos is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Meskwaki Nation Police Department and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-0025.
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Convicted Felon Who Kept a Rifle Next to Drugs He Planned to Sell Sentenced to over Two Years in PrisonRead the Press Release
A Lisbon man who kept a rifle next to methamphetamine and marijuana he planned to sell was sentenced today to more than two years in federal prison.
Kevin Seeman, age 51, from Lisbon, Iowa, received the prison term after a November 8, 2018 guilty plea to being a felon in possession of a firearm. Seeman possessed a rifle, which he stored in an outbuilding near marijuana and methamphetamine that he planned to sell. Evidence at sentencing also showed that, just two weeks prior to the sentencing hearing, officers conducted a traffic stop of Seeman’s vehicle in Cedar Rapids, smelled marijuana coming from the vehicle, and found marijuana and methamphetamine on one of the passengers.
Seeman was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Seeman was sentenced to 27 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Seeman was released on the bond previously set and is to surrender to the United States Marshall’s Service on February 28, 2019.
The case was prosecuted by Assistant United States Attorney Jacob Schunk and investigated by the Lisbon 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-00101-CJW.
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Web Page Available to Assist Potential Victims of Fraud Related to the Sale of Purportedly Organic Grain in Cases Involving Randy Constant, Tom Brennan, James Brennan, and Mike PotterRead the Press Release
The United States Attorney’s Office for the Northern District of Iowa has established a link on its website and a dedicated telephone line to provide case updates and other information, including assistance in submitting victim impact statements or claims for restitution, for potential victims in the cases involving defendants Randy Constant, Tom Brennan, James Brennan, and Mike Potter and those who purchased organic grain or other products produced with organic grain that was sold through Jericho Solutions between 2010 and 2017.
Under the Crime Victims Rights Act victims of federal crimes have several rights, including: to be notified of certain Court proceedings; to be reasonably heard by the Court; and to submit claims for restitution. Through the website, potential victims will be provided timely and accurate information about the criminal cases and their rights under the law.
Potential victims can view the Victim Witness Assistance link on the United States Attorney’s website to receive updated case information. The website provides victims with information about their statutory rights and includes links to court documents in the case. The website also contains a link to a victim impact statement, through which persons claiming to have been victims of one of the referenced cases can submit a statement to the Court and/or make a claim for restitution. The website may be found at: http://www.justice.gov/usao-ndia/victim-witness-assistance/information-victims-large-cases.
Illegal Alien Sentenced to Prison for Document FraudRead the Press Release
A Mexican man who used false identification documents to obtain jobs was sentenced today to more than three months in federal prison.
Sergio Castro-Ramirez, age 40, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a December 17, 2018, guilty plea to two counts of unlawful use of identification documents and two counts of misuse of a social security number.
At the guilty plea, Castro-Ramirez admitted he used a fraudulent Social Security card and a fraudulent permanent resident card, also known as a “green card,” when he completed Employment Eligibility Verification Forms (Form I-9), state and federal W-4 tax forms, and other employment paperwork on April 2, 2015, and October 18, 2016, at businesses in Waverly and Shell Rock, Iowa. The Social Security number and the Alien Registration number on the “green card” which Castro-Ramirez claimed as his own were assigned other people. Castro-Ramirez also falsely claimed to be a lawful permanent resident of the United States.
In August 1996, Castro-Ramirez was first apprehended by immigration agents for being illegally present in the United States and illegally working in Marshalltown, Iowa, and was returned to Mexico. Castro-Ramirez was caught by U.S. Border Patrol agents illegally present in the United States four additional times between February 1997 and April 2001, and returned to Mexico each time. Castro-Ramirez returned illegally to the United States and was convicted of operating while intoxicated in Wapello County, Iowa, in 2003.
Castro-Ramirez most recently came to the attention of immigration officials following his arrest in July 2018 in Black Hawk County, Iowa, for domestic abuse assault causing bodily injury. On October 31, 2018, Castro-Ramirez was convicted of that offense in state court and was taken into immigration custody on November 1, 2018.
Castro-Ramirez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Castro-Ramirez was sentenced to 93 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Castro-Ramirez 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 18-CR-2065-CJW.
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Odebolt Man to Federal Prison for Meth and GunsRead the Press Release
A man who conspired to distribute methamphetamine and illegally possessed a firearm was sentenced February 11, 2019, to more than seven years in federal prison.
Mark David Beckman, 32, from Odebolt, Iowa, received the prison term after a July 30, 2018, guilty plea to conspiracy to distribute methamphetamine and illegal possession of a firearm.
At sentencing, the court found that from about 2014 through about December 2017 Beckman was involved in a conspiracy that distributed methamphetamine in and around Sac and Ida counties. Beckman admitted he possessed a firearm on November 9, 2017, while: (1) being a user of methamphetamine; and (2) subject to a domestic abuse restraining order.
Beckman was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Beckman was sentenced to 87 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. Beckman 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, Ida County Sheriff’s Office, Crawford County Sheriff’s Office, and DCI Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-4024. Follow us on Twitter @USAO_NDIA.
Convicted Felon Sentenced to Federal Prison for Possessing a FirearmRead the Press Release
A two-time felon who possessed a three different firearms on three different occasions was sentenced to two years in federal prison today.
Chad Michael Chase, age 42, from Algona, Iowa, received the prison term after an August 20, 2018, guilty plea to one count of being a felon in possession of a firearm.
Evidence from the change of plea and sentencing hearing revealed defendant had a history of violence, five OWI convictions (including two felony violations), had illegally possessed three firearms on three occasions, and had twice been disarmed by local police before being prosecuted federally.
Chase was sentenced in Sioux City by Chief United States District Court Judge Leonard T. Strand. Chase was sentenced to 24 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. Chase is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of the 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 violence crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violence offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Kossuth County Sheriff’s Office and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-03008.
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Waterloo Methamphetamine User Sentenced to over a Year for Illegally Possessing a HandgunRead the Press Release
A Waterloo man who illegally possessed a firearm and ammunition while being a user of marijuana and methamphetamine was sentenced today to more than one year in federal prison.
Scott Francis Gilson, age 38, from Waterloo, Iowa, received the prison term after a September 4, 2018 guilty plea to possession of a firearm and ammunition by a drug user.
Evidence at sentencing showed police stopped Gilson after observing him drive erratically on a motorcycle. During the traffic stop, police seized a .45 caliber firearm from his waistband. The firearm was loaded with the hammer cocked back.
Gilson was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Gilson was sentenced to 12 months’ and one day imprisonment. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Gilson 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 Waterloo Police Department. This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-206.
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Waterloo Felon Sentenced to over Four Years for Illegally Possessing a FirearmRead the Press Release
A Waterloo man who possessed a firearm after being convicted of a felony offense was sentenced today to more than four years in federal prison.
Brady Lee Morgan, age 25, from Waterloo, Iowa, received the prison term after a July 13, 2018 guilty plea to possession of a firearm by a felon.
Evidence during the case showed Morgan was in possession of a firearm after police received information that he was in possession of a firearm and cocaine. Police located Morgan at a residence in Waterloo and arrested him pursuant to a previously issued state warrant. Immediately next to Morgan, in a bag, was a firearm as well as drug packaging material. Morgan had previously been convicted of assault causing serious injury after participating in a fight that permanently left the victim without the use of one eye.
Morgan was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Morgan was sentenced to 57 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Morgan 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 Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2030.
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Springville Bank Robber Sentenced to Five Years in Federal PrisonRead the Press Release
A Monticello man who robbed a bank in Springville last year was sentenced today to five years in federal prison. Joseph Jay Kripner, age 46, received the prison term after an August 21, 2018 guilty plea to one count of bank robbery.
On June 1, 2018, which was Kripner’s birthday, Kripner robbed the Security State Bank in Springville, Iowa. During the robbery, he displayed what appeared to be a gun to a teller and told her not to make him point the gun at her. The teller provided Kripner with $3,988 in cash in a plastic shopping bag and he then fled the scene. With the help of the “Crimestoppers” tip line, law enforcement officers later compared photographs of Kripner on his Facebook page and prior booking photographs with surveillance camera footage from the bank. The booking photographs showed that Kripner has a distinctive tattoo on the right side of his neck, depicting red lips with the word “Always” written above the lips and the word “Loved” written below the lips.
Kripner fled to Colorado after robbing the bank. On June 18, 2018, National Park Service Rangers arrested Kripner in the Rocky Mountain National Park. Kripner was found near the same car he used in the bank robbery, and the Park Rangers discovered $589.36 in cash, marijuana, live ammunition, and the pellet gun Kripner used in the robbery.
Kripner was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Kripner was sentenced to 60 months’ imprisonment. He was ordered to make $3,988 in restitution to the bank. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Kripner 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 was investigated by the Linn County Sheriff’s Office, the Federal Bureau of Investigation, and the Rocky Mountain National Park Rangers.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 18-CR-67-LTS (N.D. Iowa), 18-MJ-204-CJW (N.D. Iowa) and 18-MJ-1111-NYW (D. Colo.).
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Felon Found Hiding in a Closet During Search Sentenced to Federal Prison for Possessing a FirearmRead the Press Release
A two-time felon who possessed multiple handguns and methamphetamine was sentenced today to ten years in federal prison.
Eric Allen Boyer, age 36, from Hiawatha, Iowa, received the prison term after an August 2, 2018 guilty plea to one count of being a felon in possession of a firearm.
In a plea agreement, Boyer admitted he was hiding in a bedroom closet in a house on Washington Avenue SE while the Cedar Rapids Police Department conducted a search there in April 2017. During the search of the bedroom where Boyer was found, officers seized a pistol, a stolen revolver, approximately 50 grams of methamphetamine, a digital scale, syringes, and drug packaging. Boyer had the firearms, at least in part, to protect the drugs from being stolen. Boyer had previously been convicted of arson in the second degree in 2015, and of possession with intent to deliver a controlled substance in 2010.
Boyer was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Boyer was sentenced to 120 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Boyer is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Cedar Rapids Police Department and the Federal Bureau of Investigation, and prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-00047-LRR.
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California Man Sentenced to over a Decade in Federal Prison for His Role in Meth Distribution Around DubuqueRead the Press Release
A man who admitted to being a money collector for a large‑scale ice methamphetamine distribution operation was sentenced February 7, 2019, to thirteen years in federal prison.
Jose Juan Ceja, age 25, from Bell Gardens, California, received the prison term after a June 28, 2018 guilty plea to one count of conspiring to distribute methamphetamine.
Evidence at the sentencing hearing showed that Ceja worked primarily as a money collector for a Mexican drug cartel that was responsible for distributing over three kilograms of ice methamphetamine in the Dubuque, Iowa, area in 2017. In October 2017, Ceja appeared at one of his customers’ homes looking to retrieve something from a prior shipment of methamphetamine. When the customer did not tell him the location of the methamphetamine, Ceja showed the customer videos of cartel members cutting off peoples’ hands and heads, and made threats against another member of the conspiracy.
Ceja was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Ceja was sentenced to 156 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.
Ceja is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Federal Bureau of Investigation and Dubuque Drug Task Force, and prosecuted by Assistant United States Attorney Dan Chatham and Special Assistant United States Attorney Drew Inman.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1002-4-LTS-MAR.
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Illinois Man Pleads Guilty to Meth and Heroin ChargesRead the Press Release
A man who possessed methamphetamine and heroin pled guilty February 7, 2019, in federal court in Sioux City.
Jerry Rhoades, 44, from Peoria, Illinois, was convicted of one count of possession with intent to distribute methamphetamine and one count of possession of heroin.
At the plea hearing, Rhoades admitted that on May 25, 2018, he was found asleep in his car at a local motel in Woodbury County, Iowa, in possession of heroin and methamphetamine. Rhoades admitted he went from Illinois to California with $6,000 to pick up 20 pounds of marijuana but the deal failed – so Rhoades bought heroin and methamphetamine instead, which Rhoades intended to sell. Rhoades further admitted to being a user of heroin and a seller (middle-man) of marijuana and methamphetamine.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Rhoades remains in custody of the United States Marshal and will remain in custody pending sentencing. On the methamphetamine conviction, Rhoades faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and three years up to life of supervised release following any imprisonment. On the heroin conviction, Rhoades faces a likely possible maximum sentence of not more than one year imprisonment, a $1,000 fine and a term of supervised release of one year.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-4081. Follow us on Twitter @USAO_NDIA.
Honduran Man Sentenced to Federal Prison for Illegally Reentering the United States as a FelonRead the Press Release
A man entered the United States illegally from Honduras was sentenced on February 6, 2019, to five months’ in prison.
Walter Redondo-Amador, age 23, from Honduras, received the sentence after a November 13, 2018, guilty plea to one count of illegal re-entry after a felony conviction.
At the guilty plea, Redondo-Amador admitted he had illegally entered the United States from Honduras after being deported for a conviction of delivery of marijuana in 2014, in Wright County, Iowa. On July 13, 2018, Redondo-Amador was arrested for third degree sexual abuse in Humboldt County.
Redondo-Amador was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Redondo-Amador was sentenced to five months’ imprisonment. He must also serve a 2-year term of supervised release after the prison term.
Redondo-Amador is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-03050.
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Honduran Man Sentenced to Federal Prison for Illegally Reentering the United StatesRead the Press Release
A man who entered the United States illegally from Honduras was sentenced on February 20, 2019, to six months’ in prison.
Enrique Garcia-Dormes, age 32, from Honduras, received the sentence after a December 12, 2018, guilty plea to one count of illegal re-entry.
At the guilty plea, Garcia-Dormes admitted he had illegally entered the United States from Honduras, on an unknown date, after previously being deported in June of 2013. On August 29, 2018, officers from the Enforcement and Removal Office from ICE, acting on information provided by the Sioux City Police Department, conducted surveillance in Spencer, Iowa, searching for ICE fugitive Garcia-Dormes. Officers witnessed Garcia-Dormes exit a hotel and enter a vehicle along with two other occupants. Officers stopped the vehicle, and arrested Garcia-Dormes.
Garcia-Dormes was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Garcia-Dormes was sentenced to six months’ imprisonment. He must also serve a 1-year term of supervised release after the prison term.
Garcia-Dormes is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-04079.
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More than Two Dozen Defendants Sentenced in Federal CourtRead the Press Release
A total of 28 individuals were sentenced in Federal Court in the Northern District of Iowa between December 27, 2018 and January 25, 2019. The offenses of conviction varied, with the vast majority being drug and gun offenses.
- Jose Hedaldo Padilla-Ferrera was sentenced to 93 days’ imprisonment to be followed by 1 year of supervised release on one count of illegal reentry. The sentence was imposed on December 27, 2018, in case file number 18-CR-02054.
- Chris Bruce was sentenced to 230 months’ imprisonment to be followed by 8 years of supervised release on one count of possession with intent to distribute methamphetamine. The sentence was imposed on January 3, 2019, in case file number 18-CR-03028.
- Alston Ray Campbell, Jr. was sentenced to 262 months’ imprisonment to be followed by 5 years of supervised release on one count of conspiracy to distribute cocaine and cocaine base (crack) and one count of possession with intent to distribute cocaine. The sentence was imposed on January 3, 2019, in case file number 17-CR-02045. Campbell Jr. was convicted following a jury trial in April 2018, along with his brother, William Campbell, and father, Alston Ray Campbell, Sr. for offenses relating to their participation in a drug trafficking organization in Waterloo. His father and brother will be sentenced at a later date.
- Erick Corona Cardenas was sentenced to 120 months’ imprisonment to be followed by 10 years of supervised release on one count of conspiracy to distribute methamphetamine. The sentence was imposed on January 3, 2019, in case file number 18-CR-04016.
Keylynn Landon Goldsmith was sentenced to 60 months’ imprisonment to be followed by 1 year of supervised release on two counts of use of communication facility. The sentence was imposed on January 3, 2019, in case file number 17-CR-02051.- Eric John Steve was sentenced to 7 months’ imprisonment to be followed by 1 year of supervised release on one count of possession of a controlled substance (third offense). The sentence was imposed on January 4, 2019, in case file number 18-CR-01031. The case arose from Steve’s possession of heroin.
- Antonio Scott McGhee was sentenced to 33 months’ imprisonment to be followed by 3 years of supervised release on one count of possession of a firearm by an unlawful user of a controlled substance. The sentence was imposed on January 4, 2019, in case file number 18-CR-02019.
- Sanela Dedic was sentenced to 3 years’ probation on one count of conspiracy to commit marriage fraud. Selmir Salkanovic was sentenced to 93 days’ imprisonment to be followed by 3 years of supervised release on one count of conspiracy to commit marriage fraud. The sentences were imposed on January 4, 2019, in case file number 18-CR-02057. Salkanovic, a citizen of Bosnia, overstayed his visitor visa. Dedic, Salkanovic’s sister and a naturalized citizen of the United States, found a United States citizen, a young woman, from Waterloo, Iowa, to marry Salkanovic in an attempt to defeat United States immigration laws. Salkanovic and Dedic promised to pay the young woman $5,000 to marry Salkanovic. Salkanovic married the young woman one week before the departure deadline.
- Francisco Javier Ransaure-Jacome was sentenced to 18 months’ imprisonment to be followed by 1 year of supervised release on one count of illegal reentry. The sentence was imposed on January 8, 2019, in case file number 18-CR-04061. Ransaure-Jacome had previously been convicted in Clay County, Iowa, of attempted burglary, assault with a dangerous weapon (a knife), and assaulting a fellow inmate at the Clay County jail.
- Adrian Harlan, Jr. was sentenced to 3 months’ imprisonment to be followed by 1 year of supervised release on one count of possession of a firearm and ammunition by a drug user. The sentence was imposed on January 10, 2019, in case file number 18-CR-04027.
- Duaine Harbert was sentenced to 113 months’ imprisonment to be followed by 5 years of supervised release on one count of conspiracy to distribute methamphetamine and one count of distributing heroin. The sentence was imposed on January 10, 2019, in case file number 18-CR-04008.
- Boulder Young was sentenced to 120 months’ imprisonment to be followed by 5 years of supervised release on one count of conspiracy to distribute methamphetamine. The sentence was imposed on January 14, 2019, in case file number 17-CR-04030.
- Traeton Wilharm was sentenced to 60 months’ imprisonment to be followed by 5 years of supervised release on one count of conspiracy to distribute methamphetamine. The sentence was imposed on January 15, 2019, in case file number 18-CR-02027.
- Henry Lee Booth was sentenced to 18 months’ imprisonment to be followed by 3 years of supervised release on one count of possession with intent to distribute a controlled substance and one count of possession of a firearm by a prohibited person. The sentence was imposed on January 16, 2019, in case file number 18-CR-04030.
- William James Wesley was sentenced to 41 months’ imprisonment to be followed by 3 years of supervised release on one count of possession of a firearm by a prohibited person and one count of possession with intent to distribute a controlled substance. The sentence was imposed on January 17, 2019, in case file number 18-CR-01011. The sentencing judge enhanced Wesley’s sentence for threatening a grand jury witness in an unrelated case.
- Victor Wicher was sentenced to 71 months’ imprisonment to be followed by 3 years of supervised release on one count of possession of a firearm by a prohibited person. The sentence was imposed on January 17, 2019, in case file number 18-CR-00057. At the time he possessed the firearm, Wicher was a felon with three prior domestic assault convictions and a history of other violent offenses. His offense was based on an incident where he threatened to kill himself during an argument with his then-girlfriend while holding a gun to his head. Wicher later entered into the then-girlfriend’s residence, choked her and threatened her and a family member in an attempt to prevent her from cooperating against him. Wicher was convicted of a fourth domestic assault offense based on the incident involving him entering the then-girlfriend’s residence and threatening and choking her.
- Jesse Andrew Hall was sentenced to 60 months’ imprisonment to be followed by 3 years of supervised release on one count of possession of a firearm by a drug user. The sentence was imposed on January 17, 2019, in case file number 18-CR-02021.
- Gerald Francis Straka was sentenced to 8 months’ imprisonment to be followed by 3 years of supervised release on one count of possession of a firearm by a drug user. The sentence was imposed on January 18, 2019, in case file number 19-CR-01020.
- Derrick Ford was sentenced to 20 months’ imprisonment to be followed by 3 years of supervised release on one count of interference and attempted interference with commerce by threats and violence and aiding and abetting such violation. The sentence was imposed on January 18, 2019, in case file number 18-CR-00015. Ford served as the driver for Gage Rupp and Cedric Wright who robbed a Cedar Rapids Sprint Store of more than $40,000 in electronic devices and cash. Rupp and Wright have also been convicted for their involvement in the robbery and for carrying a gun found in the robbery getaway car. Wright was also convicted at trial in November 2018 of carjacking the robbery getaway car at gunpoint from a Kirkwood college student the night before the Sprint Store robbery. Rupp and Wright will be sentenced at a later date.
- Juan Sanchez-Velasco was sentenced to 136 days’ imprisonment to be followed by 1 year of supervised release on one count of illegal re-entry. The sentence was imposed on January 18, 2019, in case file number 18-CR-00088.
- Cornelius Herbert Terrell Wright was sentenced to 18 months’ imprisonment to be followed by 3 years of supervised release on one count of distribution of heroin. The sentence was imposed on January 23, 2019, in case file number 18-CR-00061. The case arose from Wright’s distribution of heroin that was laced with synthetic fentanyl.
- Christopher Smith was sentenced to 36 months’ imprisonment to be followed by 3 years of supervised release on one count of possession of firearms by a felon. The sentence was imposed on January 23, 2019, in case file number 18-CR-03015.
- Dominique Dwight Williams was sentenced to 6 months’ imprisonment to be followed by 3 years of supervised release on one count of possession of a firearm by a drug user. The sentence was imposed on January 24, 2019, in case file number 18-CR-00046. At the time of his arrest, Williams needed to be subdued with a taser after he initially failed to respond to police directives.
- Dion Clayborn was sentenced to 144 months’ imprisonment to be followed by 6 years of supervised release on one count of possession with intent to distribute a controlled substance near a protected location. The sentence was imposed on January 25, 2019, in case file number 18-CR-00051.
- Brianna Marie Martin was sentenced to 27 months’ imprisonment to be followed by 6 years of supervised release on one count of distribution of heroin. The sentence was imposed on January 25, 2019, in case file number 18-CR-01021. Martin distributed methadone to a person who died after using the drug.
- Dakota Lee Sanders was sentenced to 120 months’ imprisonment to be followed by 5 years of supervised release on one count of conspiracy to distribute methamphetamine. The sentence was imposed on January 25, 2019, in case file number 17-CR-03060.
- Samuel Arias was sentenced to 57 months’ imprisonment to be followed by 2 years of supervised release on one count of conspiracy to distribute methamphetamine and one count of conspiracy to commit money laundering. The sentence was imposed on January 25, 2019, in case file number 17-CR-02084. Arias’ money laundering conviction resulted from his opening a bank account which was used to launder approximately $280,000 in drug proceeds.
There is no parole in the federal system.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
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- Jose Hedaldo Padilla-Ferrera was sentenced to 93 days’ imprisonment to be followed by 1 year of supervised release on one count of illegal reentry. The sentence was imposed on December 27, 2018, in case file number 18-CR-02054.
Mexican Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A Mexican man who illegally returned to the United States after being deported was sentenced today to eight months in prison.
Alfonso Salazar-Ruiz, age 41, a citizen of Mexico illegally present in the United States and residing in Eagle Grove, Iowa, received the prison term after a December 5, 2018, guilty plea to one count of illegal reentry into the United States after having been convicted of a felony offense.
At the guilty plea, Salazar-Ruiz admitted he had previously been deported from the United States in October 2017 and illegally reentered the United States without the permission of the United States government. Salazar-Ruiz was found by immigration agents in October 2018 after he was charged in Cerro Gordo County, Iowa, with possession of methamphetamine, possession of drug paraphernalia, and interference with official acts. That case is still pending. Salazar-Ruiz provided a false name to law enforcement when he was arrested. Fingerprint analysis confirmed Salazar-Ruiz’s identity and prior removal from the United States. Salazar-Ruiz has prior convictions in Wright County, Iowa, for possession of methamphetamine in 2015, two convictions for driving while license under suspension in 2017, and one conviction for driving while barred, habitual offender in 2017. Salazar-Ruiz has also been convicted nine times for driving without a valid driver’s license.
Salazar-Ruiz was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Salazar-Ruiz was sentenced to eight months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Salazar-Ruiz 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 18-CR-3052-CJW.
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Illegal Alien Sentenced for Using Another Person’s Social Security NumberRead the Press Release
A Guatemalan man who used another person’s social security number to complete employment paperwork was sentenced today to five months in federal prison.
Adner Toj-Velasquez, age 35, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, received the prison term after a November 26, 2018, jury verdict finding him guilty of one count of misuse of a social security number.
The evidence at trial showed that on February 8, 2015, Toj-Velasquez used someone else’s social security number on employment and tax documents when applying for work in Luana, Iowa. On the employment form, Toj-Velasquez falsely claimed to be a United States citizen.
Toj-Velasquez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Toj-Velasquez was sentenced to five months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Toj-Velasquez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1036-CJW. Follow us on Twitter @USAO_NDIA.
Guatemalan Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A Guatemalan man who illegally returned to the United States after being deported was sentenced today to three months in federal prison.
Domingo Pacheco-Poo, age 44, a citizen of Guatemala illegally present in the United States and residing in Mount Pleasant, Iowa, received the prison term after a December 10, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Pacheco-Poo admitted he had previously been deported from the United States in July 2012 and September 2012 and illegally reentered the United States without the permission of the United States government. Pacheco-Poo was convicted in Arizona in August 2012 of illegal entry into the United States. Pacheco-Poo was also given a voluntary return to Mexico in April 2006 where he used an alias and claimed to be a Mexican citizen. Pacheco-Poo was found by immigration officials in November 2018 when he unexpectedly accompanied his family to the immigration office in Cedar Rapids, Iowa, where the other members of his family were required to report. Fingerprints confirmed Pacheco-Poo’s identity and his prior removal.
Pacheco-Poo, under an alias name, also used fraudulent identification documents and a Social Security number issued to another person to complete employment paperwork in August 2014 at a business in Mount Pleasant, Iowa. Pacheco-Poo failed to report to work in May 2018 when immigration officials executed a search warrant at that business and arrested other illegal aliens.
Pacheco-Poo was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Pacheco-Poo was sentenced to 92 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Pacheco-Poo 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 18-CR-109-CJW.
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Convicted Felon Who Possessed a Loaded Handgun Sentenced to over Six Years in Federal PrisonRead the Press Release
A man who had previously been convicted of multiple felony offenses, including a conviction for being a felon in possession of a gun, was sentenced today to more than six years in federal prison for once again unlawfully possessing a gun.
Robert Dettbarn, age 26, from Cedar Rapids, Iowa, received the prison term after a September 27, 2018 guilty plea to possessing a firearm as a felon.
Information from a plea agreement and at sentencing showed that on May 22, 2018, Dettbarn was a passenger in car that was stopped by Dubuque police. During the stop, Dettbarn got out of the car holding a loaded handgun, which was pointed at an officer. Officers ordered Dettbarn to drop his gun, but he ignored the orders and pointed the gun in the air. He then walked away from officers and pointed the gun at his own head. He was near Fulton Elementary and officers called to have the school locked down. After approximately two hours of negotiations, Dettbarn surrendered to officers.
Dettbarn was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Dettbarn was sentenced to 80 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.
Dettbarn 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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1032.
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Cedar Rapids Man Sentenced to Nearly Four Years in Federal Prison for Unlawfully Possessing Four GunsRead the Press Release
A man who possessed four firearms and over 600 rounds of ammunition while using and selling marijuana was sentenced today to nearly four years in federal prison.
Kimble John Slaman, age 65, from Cedar Rapids, Iowa, received the prison term after an August 24, 2018, guilty plea to one count of possession of firearm by a prohibited person and one count of possession with intent to distribute a controlled substance.
In a plea agreement, Slaman admitted that, between 2012 and 2015, he made a series of false statements in order to obtain guns and a permit to carry weapons. At the time, Slaman was an unlawful user of marijuana, but he denied using marijuana on federal forms in order to purchase guns. Slaman also began selling marijuana. He received his supply of marijuana through the mail from an individual in Oregon. The marijuana was sent to Slaman’s home on Mount Vernon Road in Cedar Rapids. Slaman also hired a person to transport two pounds of marijuana from Sioux Falls, South Dakota, to Cedar Rapids.
In December 2015, law enforcement officers intercepted one of the packages, which contained 15 pounds of marijuana. Officers then searched Slaman’s home. Officers found four firearms, a tactical vest, and over 600 rounds of ammunition in Slaman’s bedroom. One of the firearms, a Colt M4 5.56mm rifle, was loaded. The tactical vest held a seven-inch knife in a scabbard and clips of ammunition, including a 9mm clip that held 31 rounds. Slaman admitted he had received at least six shipments of marijuana from Oregon, which he had either used or sold to his customers. Officers found 458 grams of marijuana in Slaman’s kitchen, mostly in the dishwasher, and 2,499 grams of marijuana in Slaman’s garage. Slaman’s marijuana had exotic titles, including “Foo X Haze,” “WWP Athena,” “Goo Chili Sticky,” “Special X,” and “BO.”
Slaman was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Slaman was sentenced to 46 months’ imprisonment, fined $2,000, and ordered to pay over $2,600 in costs of prosecution. Slaman must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Slaman 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 Tim Vavricek and investigated by the Drug Enforcement Administration and the United States Postal Inspection Service.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-85.
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Jury Finds Iowa Man Guilty of Two Counts of Murder-for-HireRead the Press Release
A man who was serving a fifteen year federal prison sentence when he tried to hire a “hitman” to murder two people in Northeast Iowa was convicted by a jury today after a six-day trial in federal court in Cedar Rapids.
Jason Harriman, age 44, formerly of Traer and Independence, Iowa, was convicted of two counts of murder-for-hire. The verdict was returned this afternoon following about four hours of jury deliberations.
The evidence at trial showed that in 2011, Harriman was sentenced to serve fifteen years in federal prison for unlawfully possessing a gun and ammunition. While in federal prison in Arkansas, Harriman made multiple phone calls and sent multiple emails to an individual he thought was a hired killer, but was actually an undercover agent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. After meeting with the “hitman” in person in the prison, Harriman signed a contract calling for the murders of two people who were living in Northeast Iowa. Harriman agreed to pay the “hitman” $21,000 and had already given the “hitman” a 1969 Dodge Charger as a down payment.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Harriman remains in custody of the United States Marshal pending sentencing. Harriman faces a possible maximum sentence of twenty years’ imprisonment, a $500,000 fine, and six years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Anthony Morfitt and Kyndra Lundquist and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Bureau of Prisons Special Investigative Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2033-LRR.
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Waterloo Felon Twice Convicted of Being a Felon in Possession of a Firearm Sentenced to Prison for Possessing AmmunitionRead the Press Release
A Waterloo felon who possessed 65 rounds of ammunition in a senior citizen home was sentenced December 18, 2018, to more than two years in federal prison.
Robert Donzell Luckie, age 20, from Waterloo, Iowa, received the prison term after an August 14, 2018 guilty plea to being a felon in possession of ammunition.
Evidence at detention and sentencing hearings showed that in March 2017, Luckie received a suspended sentence in state court for possessing a firearm as a felon. In April 2017, a law enforcement officer saw a Facebook photograph of defendant with a .40 caliber handgun, which he was trying to sell. Luckie further posted on Facebook that he had been smoking marijuana all day by “blowing woods.” Luckie’s state probation officer then conducted an unexpected home visit of Luckie’s residence, which was an apartment in a senior citizen home in Waterloo. During a search of Luckie’s room, officers found 65 rounds of .40 caliber ammunition and marijuana. A receipt for the ammunition then led law enforcement officers to a local sporting goods store, which provided law enforcement with a surveillance video that showed Luckie grabbing a box of .40 caliber ammunition and handing it to a woman who purchased the ammunition. Law enforcement ultimately apprehended Luckie in May 2017 in Chicago, Illinois, where he was found with a different gun and convicted of possessing a firearm as a felon.
Luckie was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Luckie was sentenced to 27 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. At the sentencing, Judge Reade found Luckie posed a high risk to reoffend in light of his strong desire to possess firearms and ammunition notwithstanding the fact he is a felon.
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.
Luckie 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 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 17-CR-2036
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Dubuque Meth User Who Possessed a Loaded Firearm During “One Man Crime Spree” Sentenced to Federal PrisonRead the Press Release
A man who was convicted of nine crimes committed in the first few months of 2018 was sentenced on December 17, 2018, to more than a year in federal prison.
Patrick Andrew Lugrain, age 22, from Dubuque, Iowa, received the prison term after an August 2, 2018 guilty plea to one count of being an unlawful drug user in possession of a firearm.
In a plea agreement, Lugrain admitted he was using methamphetamine in early 2018. In February 2018, he purchased a .45 caliber pistol from a business in Dubuque. On March 3, 2018, Lugrain was stopped in a traffic stop by Dubuque police and arrested on outstanding warrants. Officers then found a Smith & Wesson .45 caliber pistol loaded with seven rounds and a large number of baggies used for drug packaging in the car. Lugrain later stated he had been living in his car and admitted he possessed the firearm for his own protection.
Court records reflect that at the time he was charged in federal court, Lugrain had fourteen pending criminal cases in the state of Iowa arising from conduct occurring in the first four months of 2018. In December, Lugrain was convicted of eight of those charges, with the remaining charges being dismissed. During an earlier federal court hearing, a federal magistrate judge described Lugrain’s early-2018 behavior as a “one-man crime spree.”
Lugrain was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Lugrain was sentenced to 12 months and 1 day of imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Lugrain was released on the bond previously set and is to surrender to the United States Marshal on December 27, 2018.
The case was investigated by the Dubuque Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives, and prosecuted by Assistant United States Attorney Dan Chatham.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1018-LTS.
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Cedar Rapids Felon Sentenced to Federal Prison for Possessing a GunRead the Press Release
A felon and drug user was sentenced December 18, 2018, to six months in federal prison for possessing a gun.
Willie B. Hodges II, age 57, from Cedar Rapids, Iowa, received the prison term after a June 25, 2018 guilty plea to possession of a firearm by a felon.
At the guilty plea, Hodges admitted that, on December 22, 2017, he possessed a loaded handgun while driving a car on Highway 151 in rural Iowa County. Information at sentencing showed that Hodges was a regular marijuana user and had a prior conviction for being a felon in possession of a firearm.
Hodges was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Hodges was sentenced to six months’ imprisonment and must also serve a two-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 Tim Vavricek and investigated by the Iowa State Patrol. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 18-CR-44-LTS. Follow us on Twitter @USAO_NDIA.
Owner of Northeast Iowa Organic Grain Brokerage Pleads Guilty to Fraudulent Sales Totaling Nearly $140 MillionRead the Press Release
A Missouri man who fraudulently sold tens of millions of dollars’ worth of non-organic grain as though it was organic pled guilty today in federal court in Cedar Rapids.
Randy Constant, age 61, from Chillicothe, Missouri, was convicted of one count of wire fraud. Constant admitted the fraudulent scheme involved at least $142,433,475 in grain sales, and the vast majority of those sales were fraudulent. At the hearing, he admitted that, from 2010 to 2017, he misled customers into thinking they were buying certified organic grain when the grain he was selling was not organic. Constant admitted falsely telling customers the grain he sold was grown on his certified organic fields in Nebraska and Missouri when the grain was not organic either because he purchased the grain from other growers, the certified organic fields were sprayed with unauthorized substances, or organic grain was mixed with non-organic grain. Constant made many of the sales through a brokerage he owned that operated in Ossian, Iowa, known as Jericho Solutions. As part of the plea, Constant also agreed to forfeit $128,190,128 in proceeds from the fraudulent scheme.
In related matters, three farmers from Nebraska previously pled guilty to fraud involving sales of grain they grew that was fraudulently marketed as organic. On October 12, 2018, Tom Brennan, age 70, James Brennan, age 40, and Mike Potter, age 41, all from Overton, Nebraska, were each convicted of one count of wire fraud. At their respective plea hearings, each man admitted to growing grain between 2010 and 2017 that was not organic. Each further admitted that they knew the grain was being marketed and sold as organic, even though it was not in fact organically grown. The charging documents allege that, during the 2010 to 2017 period, each of the three farmers received more than $2.5 million for grain fraudulently marketed as organic.
Sentencing before United States District Court C.J. Williams will be set after a presentence report is prepared. Constant was released on bond pending further proceedings. He faces a possible maximum sentence of 20 years’ imprisonment, at least a $250,000 fine, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Jacob Schunk and Anthony Morfitt and investigated by the United States Department of Agriculture – Office of Inspector General and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number are 18-CR-2034, 18-CR-2058, 18-CR-2059, and 18-CR-2060.
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Woman Sentenced to Seven Years in Federal Prison After Stealing from an Elderly Widow and Her Deceased Son, a Former Navy SEALRead the Press Release
A woman who stole the identities of an elderly woman and her deceased son, a former Navy SEAL, in order to withdraw nearly $200,000 from their bank accounts, was sentenced December 18, 2018, to seven years in federal prison.
Robin Ann Bertelli, age 61, from Cedar Rapids, Iowa, received the prison term after a May 17, 2018 guilty plea to one count of bank fraud and one count of aggravated identity theft.
In a plea agreement, and at her plea hearing, Bertelli admitted that, in 2013 she began a romantic relationship a former Navy SEAL, who resided with his elderly and widowed mother in rural Central City, Iowa. Bertelli soon moved into the home the widow and her son shared. The widow was unable to walk to her mailbox to get her mail, and Bertelli stole mail, including mail from the widow’s financial institution, Collins Community Credit Union (“CCCU”).
In December 2015, the former Navy SEAL received an inheritance of approximately $18,000 from a relative and deposited this inheritance into his checking account at CCCU. In February 2016, defendant and the former Navy SEAL travelled together to Puerto Rico for a vacation. On that trip, the former Navy SEAL unexpectedly died. Bertelli reported to others that the former Navy SEAL went swimming, hit his head on a rock, and accidentally drowned.
Family members of the former Navy SEAL ultimately discovered that Bertelli had stolen blank CCCU checks from the former Navy SEAL and his mother. From July 2013 through September 2016, Bertelli fraudulently made over 60 checks payable to herself, inserted a dollar amount, and forged their signatures. Bertelli deposited these forged checks into her own account at NXT Bank, causing transfers of funds from the CCCU accounts of the former Navy SEAL and his mother into Bertelli’s account at NXT Bank. The three transfers from the former Navy SEAL’s CCCU account all occurred after the date of his death. In total, Bertelli stole a total of $192,500 from the CCCU accounts of the former Navy SEAL and his mother. Bertelli used the stolen funds for her own purposes, including to purchase a luxury car and purses.
Bertelli was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Bertelli was sentenced to 84 months’ imprisonment. She was ordered to make $192,500 in restitution to her victims. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
At the sentencing, Judge Reade found Bertelli had an “extremely high risk to recidivate” and pointed out that Bertelli had a number of prior state court theft convictions for which she had received no time in jail—including a six-figure embezzlement from a prior employer. Judge Reade characterized Bertelli as an “opportunist” whose acts were “shameful.” Judge Reade found that, if not confined or under court-ordered supervision, Bertelli “will steal again.” Judge Reade also noted Bertelli had two prior drunk driving convictions, limited legal employment, and violated the court’s orders by using alcohol while on pretrial release.
The prosecution of Bertelli is part of the Department of Justice’s Elder Abuse Initiative. In March 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of ten districts nationwide to launch regional Elder Justice Task Forces. The Elder Justice Task Forces reflect the department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the department’s Elder Justice Initiative. The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues. It plays an integral role in the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The United States Attorney’s Office for the Northern District of Iowa has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.
The charges also were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
Bertelli 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 Timothy L. Vavricek and investigated by the Linn County Sheriff’s Office and the United States Postal Inspection Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-30-LRR.
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Ten Weeks of Selling Heroin and Crack Cocaine Leads to Ten Years in Federal PrisonRead the Press Release
A man who sold heroin and crack cocaine for ten weeks in Dubuque was sentenced today to a decade in federal prison.
Gregory Fugi Anderson, Jr., age 32, from Dubuque, Iowa, received the prison term after a February 22, 2018, guilty plea to possessing heroin and crack cocaine which he was planning to sell near Orange Park in Dubuque.
Information at sentencing and prior hearings showed that Anderson sold heroin and crack cocaine for ten weeks in Dubuque between September and November 2017. During that time, Anderson admitted he sold at least 400 grams of heroin and more than 58 grams of crack cocaine. Anderson had a long criminal history, starting at age sixteen when he was convicted of attempted robbery which included multiple assault and drug convictions.
Anderson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Anderson was sentenced to 120 months’ imprisonment. He must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system. Anderson 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 Reinert and investigated by the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1001.
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Illegal Alien Who Used Another Person’s Social Security Number Sentenced to PrisonRead the Press Release
A woman who used another person’s Social Security number to get a job was sentenced today to more than two months in federal prison.
Juana Brito-Raymundo, age 20, a citizen of Guatemala illegally present in the United States and residing in Dubuque, Iowa, received the prison term after an October 18, 2018, guilty plea to one count of misuse of a social security number.
In a plea agreement, Brito-Raymundo admitted that on April 15, 2017, she used someone else’s social security number on employment and tax documents when applying for work using an alias name in Dubuque, Iowa. She also used a fraudulent permanent resident card, also known as a “green card,” when she completed the employment forms. The Alien Registration number on the “green card” had been issued to another person. Brito-Raymundo was arrested by the United States Border Patrol in Texas in September 2016 after she illegally entered the United States. Brito-Raymundo was released from immigration custody in November 2016, and was on ICE bond when she committed the offense.
Brito-Raymundo was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Brito-Raymundo was sentenced to 79 days’ imprisonment. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Brito-Raymundo is being held in the United States Marshal’s custody until she 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 18-CR-1040-CJW.
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Illegal Alien Sentenced to Prison for Document FraudRead the Press Release
A Guatemalan woman who used false identification documents to obtain a job was sentenced today to one month in federal prison.
Eulalia Francisco-Pedro, age 39, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after an October 18, 2018, guilty plea to one count of unlawful use of identification documents and one count of misuse of a social security number.
At the guilty plea, Francisco-Pedro admitted she used a fraudulent Social Security card bearing the social security number assigned to someone else, and a fraudulent permanent resident card, also known as a “green card,” when she completed a Form W-4 and other employment paperwork on July 28, 2016, at a business in Cedar Rapids, Iowa. The Alien Registration number on the “green card” was invalid. Francisco-Pedro also used someone else’s social security number when she completed state and federal W-4 forms at the Cedar Rapids business on June 14, 2018.
Francisco-Pedro was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Francisco-Pedro was sentenced to 31 days’ imprisonment. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Francisco-Pedro was ordered to begin her term of supervised release immediately.
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 18-CR-0091-CJW. Follow us on Twitter @USAO_NDIA.
Guatemalan Man Who Used Another Person’s Name and Social Security Number Sentenced to PrisonRead the Press Release
A Guatemalan man who used a false identification document to obtain a job was sentenced today to nearly three months in federal prison.
Miguel Leon-Quinilla, age 21, a citizen of Guatemala illegally present in the United States and living in Tama, Iowa, received the prison term after an October 30, 2018, guilty plea to two counts of unlawful use of an identification document.
At the guilty plea, Leon-Quinilla admitted he used a fraudulent Social Security card when he completed an employment form at a business in Tama, Iowa, on January 30, 2018, and April 26, 2018. Leon-Quinilla, claiming to be a United States citizen, used the name and social security number of a United States citizen on the employment paperwork. Leon-Quinilla claimed to have paid $2,000 to a U.S. citizen for that person’s Social Security card and a birth certificate which he used to obtain an Iowa ID card on April 19, 2018. At the time of his arrest, Leon-Quinilla also had an Arkansas identification card bearing his picture but in the name of a third individual.
Leon-Quinilla was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Leon-Quinilla was sentenced to 85 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Leon-Quinilla 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 18-CR-0098-CJW.
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Ordering Drugs on the “Dark Web” for Resale Results in a Decade in PrisonRead the Press Release
A man who obtained drugs including methamphetamine and marijuana over the “dark web” was sentenced today to a decade in federal prison.
William Kirk Vanatti, age 36, from Vinton, Iowa, received the prison term after a June 25, 2018, guilty plea to conspiracy to distribute methamphetamine.
Information from the sentencing hearing showed that Vanatti, purchased numerous drugs over the “dark web,” an encrypted network that cannot be found using normal search engines or internet browsers. Vanatti purchased marijuana, methamphetamine, and MDMA at various times. Vanatti also began selling methamphetamine to other people. He eventually ordered more than a kilogram of nearly 100% pure methamphetamine from a source in California intending to sell it to others. Law enforcement intercepted the package and two other packages containing marijuana before they reached Vanatti. Law enforcement also conducted searches of Vanatti’s car and home, finding a handgun that Vanatti had carried with him during a drug deal as well as two homemade explosive devices, including one that had staples in it as potential shrapnel.
Vanatti was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. He 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. Vanatti is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Iowa Division of Narcotics Enforcement and Bureau of Alcohol, Tobacco, Firearms, and Explosives, and prosecuted by Special Assistant United States Attorney Drew Inman and Assistant United States Attorney Dan Chatham. Court file information at https://ecf.iand.uscourts.gov/. The case file number is 18-CR-27.
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Sioux City Man Pleads Guilty to Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pled guilty December 17, 2018, in federal court in Sioux City.
Melvin John Begay, 36, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine.
At the plea hearing, Begay admitted that from November 2015 through March 2016, he was involved in a conspiracy to distribute methamphetamine in and around Sioux City. Begay also admitted to distributing methamphetamine on two occasions in January 2016 to individuals cooperating with law enforcement.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Begay remains in custody of the United States Marshal pending sentencing. Begay faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, and at least 4 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Mikala M. 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 18-4017. Follow us on Twitter @USAO_NDIA.
Sioux City Man Pleads Guilty to Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pled guilty December 17, 2018, in federal court in Sioux City.
Ernesto Bedolla, 31, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine. Bedolla had moved to Mexico just prior to an Indictment being filed in July 2015, but later returned to the United States.
At the plea hearing, Bedolla admitted that from 2014 through June 2015, he was involved in a conspiracy that distributed over ½ pound of methamphetamine in the Sioux City area. Bedolla also admitted to distributing methamphetamine on five separate occasions in 2015 to individuals cooperating with law enforcement.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Bedolla remains in custody of the United States Marshal pending sentencing. Bedolla faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Mikala M. 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 15-4044. Follow us on Twitter @USAO_NDIA.
Mexican Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A Mexican man who illegally returned to the United States after being deported was sentenced December 10, 2018, to nearly three months in prison.
Jose Arenas-Aguilar, age 32, a citizen of Mexico illegally present in the United States and residing in Denver, Colorado, received the prison term after an October 2, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Arenas-Aguilar admitted he had previously been deported from the United States in April 2015 and illegally reentered the United States without the permission of the United States government. Arenas-Aguilar admitted he illegally returned to the United States in May 2015, one month after being deported. Arenas-Aguilar had also been granted a voluntary departure from the United States in September 2012. Arenas-Aguilar was found by immigration agents in September 2018 after he was charged in Floyd County, Iowa, with operating a motor vehicle while intoxicated. That case is still pending.
Arenas-Aguilar was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Arenas-Aguilar was sentenced to 88 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.
Arenas-Aguilar 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 18-CR-2046-CJW. Follow us on Twitter @USAO_NDIA.
Badger Woman Previously Convicted of Bank Fraud Sentenced for Throwing Away Mail Sent to Her EmployerRead the Press Release
A woman who threw away a federal garnishment against her wages sent to her employer was sentenced December 4, 2018, to 90 days’ imprisonment.
Terri Cosgrove, age 55, from Badger, Iowa, received the prison term after an August 20, 2018, guilty plea to one count of obstruction of correspondence.
On July 13, 2004, as part of the sentence she received in federal court for committing bank fraud, Cosgrove was ordered to pay $188,708.01 in restitution. After repeated attempts to collect restitution from Cosgrove, the United States attempted to garnish Cosgrove’s wages by contacting her employer. After the employer did not respond to the garnishment letter, law enforcement questioned Cosgrove. Cosgrove told law enforcement that she destroyed the garnishment paperwork sent to her employer because she did not want her wages garnished.
Cosgrove was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Cosgrove was sentenced to 90 days’ imprisonment. She must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system. Cosgrove continues to owe restitution for her bank fraud. Cosgrove 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 Matthew J. Cole and investigated by the Federal Bureau of Investigation and the United States Postal Inspection Service. Court file information at https://ecf.iand.uscourts.gov. The case file number is CR 18-3014 MWB.
The United States Attorney’s Office works to ensure victims are made whole as quickly as possible. If you know someone who owes federal restitution and may have assets available to satisfy their restitution obligation, you are urged to call 319-731-4080.
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California Man Charged with Sexual Exploitation of a ChildRead the Press Release
David Vogelpohl, age 21, of Vista, California, has been charged with sexual exploitation of a child. The charge is contained in an Indictment unsealed on December 3, 2018, in United States District Court in Cedar Rapids.
The Indictment alleges that, between about August 2018 and October 2018, Vogelpohl persuaded, induced, and enticed a minor under 18 years old to engage in sexually explicit conduct for the purpose of producing visual depictions.
If convicted, Vogelpohl faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, and at least five years and up to life on supervised release following any imprisonment.
Vogelpohl appeared on December 3, 2018, in federal court in Cedar Rapids and was held without bond. Vogelpohl’s next appearance for trial is set for February 4, 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, 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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Local Assistant United States Attorney Retiring from Military Service after Thirty-Five YearsRead the Press Release
CEDAR RAPIDS – Assistant United States Attorney and Army Reserve Major General Patrick J. Reinert, age 57, from Cedar Rapids, Iowa, will retire from military service this week after thirty-five years of service in the Army.
Major General Reinert began his military career as a ROTC scholarship cadet at Iowa State University in 1979. After graduating as a distinguished military graduate, Major General Reinert was commissioned in 1983 as a military intelligence officer. He then obtained a law degree from the University of Iowa. While in law school, Major General Reinert served with the 234th Signal Battalion in the Iowa National Guard. In 1986, he transferred to the Judge Advocate General's Corps and entered active duty. After initial training, he was assigned to Fort Rucker, Alabama, where he served in various assignments. Major General Reinert left active duty in 1990 and began his service in the Army Reserve.
Since joining the Army Reserve, Major General Reinert has served in numerous roles, including as a Military Judge and a Commander. During this time, Major General Reinert deployed twice. During his deployments he served as a Military Judge in Germany, Italy, Kuwait, Iraq and Afghanistan in 2005 and 2006. In his second deployment in 2013 and 2014, Major General Reinert was the Commander of the Rule of Law Field Force, and later the Commander of Combined, Joint InterAgency Task Force 435, in Afghanistan.
Most recently, Major General Reinert commanded the 88th Readiness Division, headquartered on Fort McCoy, Wisconsin. The 88th “Blue Devil” Division provides services and base operations support to more than 55,000 Army Reserve soldiers, civilians and families serving in 633 units at 278 sites dispersed across 19 states in the northern United States from the Ohio River Valley to the Pacific Coast.
Acting Attorney General Matthew Whitaker stated, “The Department of Justice is very proud of General Reinert. Our service men and women make great sacrifices to keep us safe and their personal sacrifices are essential to the strength of our nation. General Reinert is the epitome of that service and sacrifice. He has been a tremendous leader for over three decades of military service.”
“General Reinert has used his leadership ability and unique skills to serve our nation for years,” said United States Attorney Peter E. Deegan. “By serving his country as both a military officer and an Assistant United States Attorney, General Reinert has made the country and the Northern District of Iowa safer for us all.”
“I have been fortunate to serve with thousands of great officers and enlisted members of our military,” said Major General Reinert. “Men and women who have sacrificed much and, in some cases, everything, to keep us free and safe. I am humbled that I was able to play a part in protecting this great country.”
In his civilian capacity, Major General Reinert has been with the United States Attorney’s Office in Cedar Rapids for nearly thirty years and has served in a variety of roles within the office including as a Deputy Criminal Chief and as the lead Organized Crime Drug Enforcement Task Force Attorney. He currently serves as a Senior Litigation Counsel for the office.
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Illegal Alien Convicted of Using Another Person’s Social Security Number and Fraudulent “Green Card” to Get a JobRead the Press Release
A Mexican man who used another person’s social security number and a fraudulent “green card” to get a job was convicted by a jury on November 28, 2018, after a one-day trial in federal court in Cedar Rapids.
Luis Gonzalez-Esparsa, age 45, a citizen of Mexico illegally present in the United States and residing in Cascade, Iowa, was convicted of one count of unlawful use of an identification document and one count of misuse of a social security number. The verdict was returned following about one hour of jury deliberations.
The evidence at trial showed that on June 14, 2018, Gonzalez-Esparsa used someone else’s social security number on employment and tax documents when applying for work in Peosta, Iowa. He also used a fraudulent permanent resident card, also known as a “green card,” to claim he was legally present and authorized to work in the United States. The Alien Registration number on the “green card” had been issued to another person, a female from Mexico.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Gonzalez-Esparsa was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Gonzalez-Esparsa faces a possible maximum sentence of fifteen years’ imprisonment, a $500,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. Court file information at https://ecf.iand.uscourts.gov/. The case file number is 18-CR-1035.
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California Money Launderer Sentenced to Three Years’ PrisonRead the Press Release
A woman who laundered hundreds of thousands of dollars of drug money was sentenced today to three years in federal prison.
Janeth Pineda, age 36, from Chula Vista, California, received the prison term after a July 12, 2018, guilty plea to conspiracy to commit money laundering.
In a plea agreement, Pineda admitted that from the summer of 2013 through August 2014, she agreed with various people to launder drug money. Pineda’s husband, Michael Pineda, was the head of a drug trafficking organization responsible for bringing ice methamphetamine to Iowa from California. He instructed Pineda to open various bank accounts into which his Iowa drug customers would deposit drug money they owed to Michael. In less than two years, Pineda laundered more than $370,000 of drug money accounts she opened.
Pineda was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand. Pineda was sentenced to 36 months’ imprisonment. She must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system. She is being held in the United States Marshal’s custody until she can be transported to a federal prison. Michael Pineda has plead guilty to conspiracy to distribute methamphetamine and money laundering and is pending sentencing.
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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Former Business Owner from Marion Sentenced to over Two Years in Prison for Bank FraudRead the Press Release
A man who previously operated a freight business and created fake documents for his bank was sentenced today to more than two years in prison.
David Giannetto, age 63, from Marion, Iowa, received the prison term after a May 23, 2018, guilty plea to one count of bank fraud.
In a plea agreement, Giannetto admitted that he produced numerous fraudulent invoices that he provided to his bank in order to continue to receive financing to operate his business. Giannetto created fake invoices purporting to show he had performed work for various customers and then sold those invoices to his bank to secure his financing. Information at sentencing showed that Giannetto submitted more than 600 fraudulent invoices in a two-year period. As a result, the bank loaned him more than $850,000 that he was unable to repay before closing his business and declaring bankruptcy.
Giannetto was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Giannetto was sentenced to 27 months’ imprisonment. He was ordered to make $872,065 in restitution his bank. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Giannetto was released on the bond previously set and is to surrender to the United States Marshal on December 31, 2018.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Bureau of Investigation. Court file information at https://ecf.iand.uscourts.gov/. The case file number is 18-cr-20.
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Drug Dealer and User Who Possessed Numerous Guns Sentenced to over Twelve Years in PrisonRead the Press Release
A drug dealer and user who possessed numerous guns, sold cocaine, and accidently shot someone after smoking marijuana was sentenced today to more than a dozen years in federal prison.
Kyler Jacob Junkins, age 20, from Marion, Iowa, received the prison term after a June 28, 2018, guilty plea to being a drug user in possession of a firearm and distribution of cocaine.
In a plea agreement, Junkins admitted that on March 28, 2017, he possessed a .22 caliber rifle. Information at sentencing showed that on that day, Junkins used marijuana and then accidently shot the rifle. The gunshot struck another person in the abdomen. Junkins admitted to possessing at least eight other guns in 2016 through 2017. One of the guns had an obliterated serial number and another gun had been altered in an attempt to make it silent. Junkins also admitted to selling cocaine on multiple occasions and trading drugs for guns.
Junkins was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Junkins was sentenced to 151 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), 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. The Department of Justice has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department of Justice announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Junkins 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 Assistant United States Attorney Anthony Morfitt and investigated by the Bureau of Alcohol, Tobacco, and Firearms, the Marion Police Department, and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-cr-16.
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Cedar Rapids Man Sentenced to Federal Prison for Illegally Possessing a GunRead the Press Release
A convicted felon who illegally possessed a gun after previous felony drug convictions was sentenced today to two months in federal prison.
Alan Cherry, age 39, from Cedar Rapids, Iowa, received the prison term after a guilty plea to being a felon in possession of a firearm and ammunition.
In a plea agreement, Cherry admitted that on February 24, 2018, he was driving a car that was stopped by the Cedar Rapids Police Department. Cherry told officers that he had a gun in the car. Officers searched the car and found a semi-automatic 9mm pistol and ammunition. Cherry had previously been convicted of manufacture and delivery of marijuana and manufacture and delivery of cocaine, both of which are felony drug offenses.
Cherry was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Cherry 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.
Cherry was released on the bond previously set and is to surrender to the United States Marshal on December 31, 2018.
The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, 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-0045. Follow us on Twitter @USAO_NDIA.
Cedar Rapids Man Convicted of Carjacking and Robbery While Using a GunRead the Press Release
A Cedar Rapids man who carjacked an eighteen-year old woman at gunpoint and carried a loaded handgun during the robbery of a Cedar Rapids cell phone store was convicted by a jury on November 27, 2018, after a two-day trial in federal court in Cedar Rapids.
Cedric Antonio Wright, age 22, from Cedar Rapids, Iowa, was convicted of four counts: carjacking, carrying and brandishing a firearm during and in relation to the carjacking; unlawful possession of a firearm as a felon and unlawful drug user; and carrying a firearm during and in relation to the robbery of a Sprint Store in Cedar Rapids. The verdict was returned following about one hour of jury deliberations. Wright had previously pled guilty in the same case when, on October 29, 2018, he pled guilty to one count of robbery and conspiracy to rob the Sprint phone store.
The evidence at trial showed that on October 22, 2017, Wright carjacked an eighteen-year old Kirkwood Community College student who was returning to her apartment near Kirkwood after spending the evening with her parents. As the student parked her car outside her apartment, Wright approached and pointed a handgun at her head while demanding she give Wright her car keys and cell phone. The student gave a description of Wright to the police, including the fact that he was wearing a black face mask and camouflage clothing. The student later identified a photo of Wright that appeared online and also identified Wright from a group of photos at the Cedar Rapids Police Department.
Trial evidence showed that on October 23, 2017, Derrick Ford agreed to give Wright and Gage Rupp a ride in his minivan from southeast Cedar Rapids to an apartment complex on the west side of Cedar Rapids, where Wright claimed the group could transfer into his sister’s car. After getting into the other car, the group drove to and parked in a parking lot adjacent to the strip mall where the Sprint Store was located. The group sat in the car and watched as customers in the store completed their business and left the store. The lone clerk in the store then began to prepare the store for closing. Ford was then directed to drive to the side of the cell phone store and park, where Wright and Rupp got out of the car and put on gloves and clothing to partially obscure their faces. Wright and Rupp then entered the store and demanded the clerk let them into the room where the store inventory was located. The clerk complied and testified at trial he did so because the robbers entered the store aggressively and he felt in fear of his life.
Wright and Rupp returned to the waiting car with more than $1000 in cash and about $40,000 in cell phones and other electronic devices they had stolen from the store. One of the stolen devices was a tracker that alerted police of the robbery. The group then drove back to the west side apartment complex. Wright and Rupp celebrated along the way, and Rupp stated how “sweet” it was that they “didn’t even have to use the gun.” Upon returning to the apartment complex where Ford’s minivan was parked, Wright stated that that they all needed to get back in Ford’s minivan because the car they were in was stolen.
Police responded to the tracking device within a few minutes. The group spotted the police and Wright attempted, unsuccessfully, to get Ford to hide a handgun in the console of the van. The police then pulled over the minivan and detained Wright, Rupp, and Ford. The police located the stolen cash, phones, and electronic devices inside the minivan. The police also recovered a loaded .40 caliber Smith and Wesson handgun from inside the van. The car used in the robbery was determined to have been stolen from the student the previous evening.
Investigators discovered the handgun had been purchased by one of Wright’s friends in Indiana several weeks prior to the Sprint Store robbery. Evidence at trial included several photos from Wright’s Facebook account showing Wright in possession of the same handgun. A video from the Facebook account showed Wright shooting the gun seized from the minivan at a gun range. Other photos taken from Wright’s Facebook account showed him wearing items of camouflage clothing and a black knit ski-type mask. Videos taken from the Facebook account showed Wright in possession of other handguns.
Finally, the evidence showed Wright had a prior aggravated robbery conviction in Illinois in 2016 for committing a robbery while threatening the use of a firearm in the course of the robbery.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Wright remains in custody of the United States Marshal pending sentencing. Wright faces a mandatory minimum sentence of 32 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,500,000 fine, and 22 years’ of supervised release following any imprisonment.
Rupp previously pleaded guilty to participating in the robbery of the Sprint Store, conspiring to commit the robbery, and carrying a firearm during and in relation to the robbery. Ford previously pleaded guilty to conspiring to commit the robbery of the Sprint Store. Both men are pending sentencing at a future date.
The case is being prosecuted by Assistant United States Attorneys Richard Murphy and Emily Nydle and was investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal Service, 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-0015.
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Possessing Guns Leads to More than Five Years in Federal Prison for Two Convicted FelonsRead the Press Release
Two convicted felon who each possessed a gun were sentenced on November 26, 2018, to nearly six years apiece in federal prison.
Tereall Deshawn Green, age 24, and Javonta Juan Herbert, age 26, both from Waterloo, Iowa, received the prison terms after each previously pled guilty to being a felon in possession of a firearm.
Information from the sentencing hearing and prior court hearings showed that on January 13, 2018, Green and Herbert were passengers in a car that the Waterloo police stopped shortly after 1:00 a.m. During the course of the stop, officers found a gun stuck in the front of Green’s pants and tied to a drawstring in the pants. Officers also found a gun on the backseat floor where Herbert had been sitting and hiding under his foot. After Green was arrested, he slipped out of his handcuffs and ran from officers but was apprehended a short time later. Both Green and Herbert had prior felony convictions.
In 2012, Green was convicted in Iowa state court of intimidation with a dangerous weapon and willful injury causing serious injury. In that case, Green got a gun out of a car and fired shots at a group of people. Green hit two people, one person in the abdomen and one in the arm. The person who was struck in the abdomen required surgery because the bullet hit the person’s liver.
In sentencing Herbert, the court noted he had a long criminal history that showed he was a danger to the community and likely to commit further crimes. Herbert’s criminal conduct began as a juvenile and continued as an adult with multiple burglary and theft convictions.
Green and Herbert were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Each was sentenced to 71 months’ imprisonment. They 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), 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. The Department of Justice has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department of Justice announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Each 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 a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-cr-2006.
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Illegal Alien Convicted of Using Another Person’s Social Security NumberRead the Press Release
A Guatemalan man who used another person’s social security number to complete employment paperwork was convicted by a jury on November 26, 2018, after a one-day trial in federal court in Cedar Rapids.
Adner Toj-Velasquez, age 35, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, was convicted of one count of misuse of a social security number. The verdict was returned following about 25 minutes of jury deliberations.
The evidence at trial showed that on February 8, 2015, Toj-Velasquez used someone else’s social security number on employment and tax documents when applying for work in Luana, Iowa. On the employment form, Toj-Velasquez falsely claimed to be a United States citizen.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Toj-Velasquez was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Toj-Velasquez faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1036-CJW. Follow us on Twitter @USAO_NDIA.