Northern District of Iowa

A felon who conspired to distribute over 100 pounds of methamphetamine and possessed a GSG, MP5, .22-caliber firearm to further the conspiracy pled guilty today, April 5, 2018, in federal court in Sioux City.

Robert “Bobby” Whitenack, 37, from Westside, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of possession of a firearm during and in furtherance of the methamphetamine conspiracy.

In a plea agreement, Whitenack admitted that from January 2014 through May 2017, he conspired to distribute over 100 pounds of methamphetamine.  Whitenack admitted that he made multiple trips to Denison, Iowa, and Omaha, Nebraska, to pick up pound-quantities of methamphetamine, and recruited at least four individuals to do the same.  Whitenack received or expected to receive compensation for every pound of methamphetamine sold by his recruits.  Whitenack admitted that, in January 2016, he directed a coconspirator to pick up approximately $10,000 in cash from a customer in Milford, Iowa, and bring it to Whitenack so that he could pay his source.  In February 2017, Whitenack admitted that he possessed a GSG, MP5, .22-caliber firearm to further the conspiracy. 

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.   Attorney General Jeff Sessions 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, Attorney General Sessions 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.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Whitenack remains in custody of the United States Marshal pending sentencing.  Whitenack faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of life years’ imprisonment, a $20,000,000 fine, and 10 years of supervised release following any imprisonment.

The case is being prosecuted by Special Assistant United States Attorney

Ajay J. Alexander and was investigated by the Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigations, DEA Tri-State Drug Task Force, Crawford County Sheriff’s Office, Denison Police Department, Carroll County Sheriff’s Office, and Carroll Police Department. 

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

The case file number is 17-CR-3020-LTS.

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A woman who conspired to distribute methamphetamine was sentenced, April 3, 2018, to ten years in federal prison.

Alauna Gaye Morris, 58, from Spencer, Iowa, received the prison term after a September 8, 2017, guilty plea to one count of conspiracy to distribute methamphetamine.

During prior court proceedings, the government presented evidence that on September 8, 2016, law enforcement arrested Morris on a statewide warrant for an unrelated matter.  After executing search warrants on her residence and vehicle, officers seized close to 200 grams of actual (pure) methamphetamine, $10,108.82 in cash, a digital scale, and multiple electronic devices.   

At sentencing, the government presented evidence that, during the course of the conspiracy, two co-conspirators reached an agreement with Morris in which they would pay $50,000 for ten pounds of methamphetamine.  Morris intended to recruit family members out of Utah to manufacture the ten-pound quantity.

Morris was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Morris was sentenced to 120 months’ imprisonment.  A special assessment of $100 was imposed.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Special Assistant United States Attorney Ajay J. Alexander and investigated by the Iowa Great Lakes Drug Task Force, including the Clay County Sheriff’s Office, O’Brien County Sheriff’s Office, and the Department of Criminal Investigations.

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

The case file number is 16-CR-4096-LTS.

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A man who sold crack cocaine and had a shotgun in his house was sentenced today to more than a year in federal prison.

Johnston Phillips, age 64, from Waterloo, Iowa, received the prison term after an October 30, 2017, guilty plea to distribution of crack cocaine.  At the guilty plea, Phillips admitted that he sold crack cocaine on March 14, 2017.  During a search warrant at Phillips house a week later, law enforcement recovered a Mossberg shotgun.  Phillips’ residence was also being used by other crack cocaine dealers to make sales.  Phillips had previously been convicted of possession of crack cocaine and forgery in state court.

Phillips was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Phillips was sentenced to 14 months’ imprisonment.  He must also serve a 6-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorneys Ravi T. Narayan and Emily K. Nydle and were investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the Tri-County Drug Enforcement Task Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Office, the Cedar Falls Police Department, the Cedar Rapids Police Department, the Iowa City Police Department, the Linn County Sheriff’s Office, and the Iowa State Patrol. 

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

The case file number is 17-cr-2050. 

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A convicted felon who unlawfully possessed ammunition was sentenced today to more than two years in federal prison.

Donald Joseph Boyce, age 59, from Guttenberg, Iowa, received the prison term after a September 5, 2017, guilty plea to possession of ammunition by a felon.  At the guilty plea, Boyce admitted that on March 28, 2017, he possessed .303 caliber ammunition.  Boyce had previously been convicted of a state felony drug manufacturing offense in 2002 and the federal felony offense of being an unlawful drug user in possession of a firearm in 2003.  Officers from the Clayton County Sheriff’s Office found the ammunition in Boyce’s car during a traffic stop.  They also located an Enfield .303 caliber rifle in the backseat.  Boyce asked the officers to throw the gun in the river because he was felon and would be facing significant jail time.  Boyce had methamphetamine in his pocket and was under the influence of a controlled substance at the time of his traffic stop.

Boyce was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Boyce was sentenced to 30 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions 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, Attorney General Sessions 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.

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Clayton County Sheriff’s 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 17-cr-1019.

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A Linn County man who unlawfully possessed a rifle as a domestic violence misdemeanant was sentenced March 28, 2018, to more than two years in federal prison.

Nathan Lee Lyon, age 33, from Cedar Rapids, Iowa, received the prison term after a November 9, 2017, guilty plea to possession of a firearm by a prohibited person.  At the guilty plea, Lyon admitted that on May 10, 2017, he unlawfully possessed a rifle.  Lyon had previously been convicted of assault causing bodily injury, a misdemeanor crime of domestic violence.  Information at sentencing established that Lyon was driving a stolen a truck on May 10 when police officers stopped him.  Lyon had placed the stolen firearm in the back of the truck.  The firearm had been stolen from another person other than the owner of the truck. 

Lyon was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Lyon was sentenced to 30 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions 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, Attorney General Sessions 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.

Lyon 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 O. Inman and investigated by the Cedar Rapids Police Department, Linn County Sheriff’s Office, Scott County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

The case file number is 17-CR-75.

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A convicted sex offender who lived in Iowa for three weeks without registering was sentenced today to more than a year in federal prison.

Lucas Hertrampf, age 30, from Lancaster, Wisconsin, received the prison term after a December 1, 2017, guilty plea to failing to register as a sex offender.

Information from the sentencing hearing showed that Hertrampf was required to register as a sex offender because he was previously convicted of sexual assault involving the use of force.  While still on probation for that conviction, Hertrampf had his supervision revoked seven times.  In April 2017, Hertrampf was charged with stealing a car in Grant County, Wisconsin.  He was scheduled to appear in court on that charge on June 26.  Hertrampf failed to appear for that hearing.  Instead, law enforcement found Hertrampf in Clayton County, Iowa, on June 29.  Hertrampf had been living in Iowa for three weeks.  During that time, he did not register as a sex offender as he was required to do.

Hertrampf was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Hertrampf was sentenced to 15 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.  Hertrampf is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the United States Marshal’s Service and the Clayton County Sheriff’s Office.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 17-cr-57.

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A man who trafficked ice methamphetamine for months in 2015 was sentenced on March 26, 2018, to more than 12 years in federal prison.

Jason Nauman, age 36, from Marshalltown, Iowa, received the prison term after a December 5, 2017, guilty plea to conspiracy to distribute methamphetamine.

At the plea hearing, Nauman admitted that he agreed with others to traffic methamphetamine between the spring and fall of 2015.  Information at sentencing showed that during this time, Nauman trafficked more than 3 pounds of ice methamphetamine. 

Nauman was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  He was sentenced to 150 months’ imprisonment.  Nauman must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.  Nauman is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorneys Patrick Reinert and Ravi Narayan.  The case was investigated by the Drug Enforcement Administration and the Marshall County Sheriff’s Office.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 17-CR-85.

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

Sebastian Mejia-De La Cruz, age 27, a citizen of Guatemala illegally present in the United States and residing in Stewart, Minnesota, received the prison term after a January 31, 2018, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Mejia-De La Cruz admitted he had previously been deported from the United States on June 10, 2011, and that he illegally reentered the United States without the permission of the United States government in 2012.  On December 3, 2017, Mejia-De La Cruz was found by immigration officers at the Tama County Jail in Toledo, Iowa, following his arrest for operating a motor vehicle while intoxicated.  On December 21, 2017, Mejia-De La Cruz was convicted of operating a motor vehicle while intoxicated.  Mejia-De La Cruz had also been convicted of identity theft in Renville County, Minnesota, in January 2015.  In that case, Mejia-De La Cruz had used falsified or stolen documents to obtain employment under a false name.

Mejia-De La Cruz was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Mejia-De La Cruz was sentenced to 77 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.

Mejia-De La Cruz 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 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-01.

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A man entered the United States illegally from Guatemala was sentenced on March 26, 2018, to 6 months in federal prison.

Isidro Mendez-Lopez, age 24, from Guatemala and residing in Denison, Iowa, received the prison term after a March 14, 2018, guilty plea to one count of illegal re-entry.

At the guilty plea, Mendez-Lopez admitted he had illegally entered the United States from Guatemala in 2015 after previously being deported from the U.S.

Mendez-Lopez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Mendez-Lopez was sentenced to 6 months’ imprisonment.  He must also serve a 1-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau and the Crawford County Sheriff’s Office.

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

The case file number is 17-CR-04078.

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A man who sold crack cocaine in Cedar Rapids for a year was sentenced on March 27, 2018, to more than 15 years in federal prison.

Soy Franklin, age 36, originally from Chicago, Illinois, received the prison term after a November 6, 2017, guilty plea to distribution of cocaine base near a protected location.

In a plea agreement, Franklin admitted that he sold crack cocaine in Cedar Rapids, Iowa, from July 2016 to July 2017.  Franklin further admitted that he sold crack cocaine to a confidential police informant on five separate occasions.  On two occasions, Franklin sold crack cocaine while near an elementary school. 

Franklin was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  He was sentenced to 188 months’ imprisonment.  Franklin must also serve a six-year term of supervised release after the prison term.  There is no parole in the federal system.  Franklin 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 O. Inman and investigated by the Cedar Rapids Police Department, the Iowa Division of Narcotics Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 17-CR-40.

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A Mexican man who illegally returned to the United States after two prior deportations was sentenced today to more than three months in federal prison.

Noel Ramirez-Bonifacio, age 31, a citizen of Mexico illegally present in the United States and residing in Humboldt, Iowa, received the prison term after a January 11, 2018, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Ramirez-Bonifacio admitted he had previously been deported from the United States on February 24, 2007, and November 14, 2007, and that he illegally reentered the United States without the permission of the United States government.  On November 10, 2017, immigration officials learned of Ramirez-Bonifacio’s illegal reentry into the United States following his arrest in Hamilton County, Iowa, for driving while license under suspension.  On November 28, 2017, Ramirez-Bonifacio was found by immigration officers during a traffic stop in Hamilton County.  Ramirez-Bonifacio had been convicted of possession of drug paraphernalia in Humboldt County in November 2014.

Ramirez-Bonifacio was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Ramirez-Bonifacio was sentenced to 105 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.

Ramirez-Bonifacio 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 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 17-CR-3054.

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A man who produced child pornography involving a prepubescent child and traded child pornography with others was convicted by a jury on Friday, March 23, 2018, after a four-day trial in federal court in Cedar Rapids.

Christian Hansen, age 40, from Tipton, Iowa, was convicted of one count of sexual exploitation of a child, one count of sexually exploiting a child while being required to register as a sex offender, one count of distribution of child pornography, one count of receipt of child pornography, and five counts of possession of child pornography.

The evidence at trial showed that, in July 2017, Hansen took photos of a prepubescent child’s genital area and e-mailed the photos to others.  Hansen also traded child pornography with others and possessed child pornography on multiple devices.  At the time of these offenses, Hansen was required to register as a sex offender based on his 2011 Nebraska convictions for three counts of possession of child pornography.

Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  Hansen remains in custody of the United States Marshal pending sentencing.  Hansen faces a mandatory minimum sentence of 35 years’ imprisonment and a possible maximum sentence of 240 years’ imprisonment, a $2,250,000 fine, $45,900 in special assessments, and supervised release for 5 years to life following any imprisonment. 

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by Homeland Security Investigations, the Iowa Division of Criminal Investigation, the Tipton Police Department, and the Cedar Rapids Police Department.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 17-99.

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DAVENPORT, Iowa – Genesis Medical Center, an acute care hospital in Davenport, has agreed to pay $1.88 million to the United States to resolve allegations it violated the False Claims Act.

The settlement resolves claims that, from January 1, 2013, to December 31, 2016, Genesis violated the False Claims Act by improperly retaining Medicare overpayments for hospital inpatient admission claims when those claims should have been billed at the lower reimbursement rate for either outpatient or observation services. The False Claims Act claims resolved by this settlement are allegations only and there has been no determination of liability.

“Our office will aggressively use the False Claims Act to ensure all health care providers play by the same rules and taxpayers do not pay the bill for unnecessary services,” said Marc Krickbaum, United States Attorney for the Southern District of Iowa. “This recovery sends the message to health care providers there will be consequences if they fail to comply with state and federal regulations. We also note and appreciate the hospital’s cooperation throughout the investigation.”

The United States Attorney’s Office for the Southern District of Iowa, in conjunction with the United States Attorney’s Office for the Northern District of Iowa, initiated this case. False Claims Act cases can also be brought under the qui tam provisions of the Act, which encourage whistleblowers to bring suit on behalf of the United States and share in any recovery.

A convicted felon and drug user who unlawfully possessed a loaded gun was sentenced on March 26, 2018, to more than two years in federal prison.

Todd Richard McDonald, age 49, from Dubuque, Iowa, received the prison term after an October 16, 2017, guilty plea to possession of a firearm by a felon and drug user.  At the guilty plea, McDonald admitted that on June 15, 2017, he possessed a loaded revolver.  McDonald had previously been convicted of a felony theft offense in 1994.  He was also an unlawful user of methamphetamine and marijuana.  Officers from the Dubuque Police Department found the loaded gun in McDonald’s car during a traffic stop.  McDonald also had ammunition, marijuana, and drug paraphernalia in the car.

McDonald was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  McDonald was sentenced to 27 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions 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, Attorney General Sessions 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.

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the 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 17-cr-1033.

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A Guatemalan man who illegally returned to the United States was sentenced today to more than three months in federal prison.

Miguel Gallego-Cobo, age 45, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a January 18, 2018, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Gallego-Cobo admitted he had previously been deported from the United States on December 6, 2013, and that he illegally reentered the United States without the permission of the United States government.  On December 6, 2017, Gallego-Cobo was found by immigration officers during a traffic stop in Cedar Rapids.

Gallego-Cobo was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Gallego-Cobo was sentenced to 100 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.

Gallego-Cobo 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 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 17-CR-100.

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A Mexican man who illegally returned to the United States was sentenced today to three months in federal prison.

Alberto Garrido-Garrido, age 40, a citizen of Mexico illegally present in the United States and residing in Patch Grove, Wisconsin, received the prison term after a January 11, 2018, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Garrido-Garrido admitted he had previously been deported from the United States on December 26, 2010, and that he illegally reentered the United States without the permission of the United States government.  Garrido-Garrido was also granted voluntary returns to Mexico in April 2004 and June 2009.  On December 13, 2017, Garrido-Garrido was found by immigration officers at the Clayton County Jail in Elkader, Iowa, where he was serving jail time associated with a November 2007 conviction for operating a motor vehicle while intoxicated.  Garrido-Garrido violated the terms of his probation on the 2007 conviction and absconded from supervision in January 2008.  Garrido-Garrido had also been convicted of operating a motor vehicle while intoxicated in Winneshiek County in December 2006.

Garrido-Garrido was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Garrido-Garrido 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.

Garrido-Garrido 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 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 17-CR-1049.

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A man who enticed a minor to engage in illegal sexual activity was sentenced to 30 years in federal prison on March 19, 2018.

Carson Sibley, age 26, from Lacrosse, Wisconsin, received the prison term after pleading guilty to one count of enticement of a minor.  At the plea hearing, Sibley admitted that, in 2017, he persuaded a minor to engage in illegal sexual activity.  Information from the sentencing hearing showed that Sibley met minors while playing online video games.  Sibley then communicated with these minors, sometimes while pretending to be female, to entice the minors into sending him sexually explicit pictures and videos.  Sibley also twice travelled to Grundy County, Iowa, while hoping to have sex with a minor.  Sibley had previously been convicted of child pornography offenses and was still on probation at the time he was enticing the minors in this case.

Sibley was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Sibley was sentenced to 360 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.

Sibley 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 Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Grundy County Sheriff’s Office, the Black Hawk County Sheriff’s Office, the Cedar Rapids Police Department, the LaCrosse 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 at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 17-CR-53.

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A man who unlawfully possessed a loaded handgun and ammunition was sentenced on March 19, 2018, to nearly a year in federal prison.

Kamechie Coffer, age 20, originally from Mississippi but now residing in Waterloo, Iowa, received the prison term after a guilty plea to one count of being a drug user in possession of ammunition.  Information from the sentencing hearing showed that Coffer possessed a loaded handgun and multiple rounds of ammunition while riding in a car in Waterloo on July 16, 2017.  Waterloo police stopped the car and then found the loaded handgun and individually packaged bags of marijuana.  Coffer was arrested.  While he was being transported to jail, he removed multiple bullets from his pockets and dropped them in the police car.  While on release pending trial, Coffer violated his conditions of release by possessing a second gun.

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

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.   Attorney General Jeff Sessions 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, Attorney General Sessions 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.        

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

The case file number is 17-CR-2075.

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A man who conspired to distribute methamphetamine was sentenced March 20, 2018, to five years in federal prison.

Dennis Yorgensen, 59, from Odebolt, Iowa, received the prison term after an October 31, 2017, guilty plea to conspiracy to distribute methamphetamine.  Yorgensen was twice previously convicted of felony drug trafficking.          

At the guilty plea, Yorgensen admitted his involvement in a conspiracy that distributed more than 350 grams of mixed methamphetamine from 2012 through March 2015 in the Sac, Ida and Crawford County, Iowa areas.  Yorgensen purchased methamphetamine in various quantities, including ounce to multiple ounce quantities from various sources and would then break down the methamphetamine into smaller quantities to distribute to other persons.  

Yorgensen was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Yorgensen was sentenced to 60 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.  Yorgensen 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, Sac County Sheriff’s Office, and the Iowa DCI Criminalistics Laboratory. 

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

The case file number is 15-4043.

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A thirty-year old man who sexually exploited a child and then extorted the minor was sentenced to more than 28 years in federal prison on March 19, 2018.

Jason Marvets, age 30, from Eagle Grove, Iowa, received the prison term after pleading guilty to one count of sexual exploitation of a child and one count of extortion.  At the plea hearing, Marvets admitted that, between 2016 and 2017, he persuaded or coerced a child to send him sexually explicit depictions of herself.  In a plea agreement, he admitted that this child was 11 and 12 years old and that he threatened to distribute depictions of her in order to get more depictions of her.  In the plea agreement, he also admitted he obtained sexually explicit depictions from a 15-year-old child and threatened to ruin her life when she did not communicate with him.

Marvets was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Marvets was sentenced to 344 months’ imprisonment.  He must also serve a seven-year term of supervised release after the prison term.  There is no parole in the federal system.

Marvets 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 Mark Tremmel and was investigated by the Wright County Sheriff’s Office, the Webster County Sheriff’s Office, the Georgia Bureau of Investigation, and the Michigan State Police. 

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

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

The case file number is 17-CR-3034.

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A Guatemalan man who unlawfully used a fraudulent identification document was sentenced today to more than two months in federal prison.

Jose Lopez-Morales, age 36, a citizen of Guatemala residing in Independence, Iowa, received the prison term after a January 25, 2018, guilty plea to one count of unlawful use of identification documents.

At the guilty plea, Lopez-Morales admitted that on November 2, 2017, he used a fraudulent permanent resident card, bearing a fake name, when completing employment forms to obtain a job in Fairbank, Iowa.  The social security account number used by Lopez-Morales on the employment forms belonged to a United States citizen and the lawful permanent resident number on the card was not assigned to him.  On October 24, 2017, U.S. Border Patrol agents arrested Lopez-Morales and his minor child in Arizona after they illegally entered the United States.  On October 25, 2017, Lopez-Morales was released pending immigration proceedings.  On December 5, 2017, Lopez-Morales reported to the immigration office in Cedar Rapids, Iowa, and initially denied being illegally employed in the United States before admitting he worked under a false name in Fairbank.

Lopez-Morales was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Lopez-Morales was sentenced to 76 days’ imprisonment.  He must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.

Lopez-Morales 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 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 17-CR-2095.

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A man who conspired with others to distribute methamphetamine was sentenced March 13, 2018, to sixteen years in federal prison.

Ryan Wilcox, 30, from Omaha, Nebraska, received the prison term after an October 13, 2017, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Wilcox admitted his involvement in a conspiracy that distributed more than 500 grams of methamphetamine in the Sioux City area from January 2017 through about April 29, 2017.  During a search of a hotel registered to Wilcox, law enforcement seized a digital scale, approximately 25 grams of methamphetamine, and a bag of syringes in the safe within the room and a large quantity of plastic baggies on top of the safe.  During a post-Miranda interview, Wilcox admitted ownership of the methamphetamine and supplies in the hotel room.

Wilcox was sentenced in Sioux City by United States District Court Chief Leonard T. Strand.  Wilcox was sentenced to 192 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve an 8-year term of supervised release after the prison term.  There is no parole in the federal system.  Wilcox 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 Mikala M. Steenholdt and investigated by the Tri-State Drug Task Force consisting of officers from the Sioux City Police Department, South Sioux City Police Department, Woodbury County Sheriff’s Office, Iowa Division of Narcotics Enforcement, Drug Enforcement Administration, Iowa Criminalistics, and Bureau of Alcohol, Tobacco, Firearms and Explosives. 

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

The case file number is 17-4044.  Follow us on Twitter @USAO_NDIA.

A convicted felon who stole a firearm from a vehicle and led police officers on a foot chase through residential backyards was sentenced today to more than three years in federal prison.

Friday Gardner, age 20, from Dubuque, Iowa, received the prison term after a September 28, 2017, guilty plea to one count of possession of a firearm by a felon.  At the guilty plea, Gardner admitted he illegally possessed a loaded Taurus PT 740 handgun in April and May of 2017.

Information at the sentencing hearing showed that Gardner stole the gun from a car in Dubuque in April 2017.  He was then caught in May 2017 after leading Dubuque police officers on a foot chase through residential backyards.  Gardner threw the gun on the ground during the chase, but police found it that day. Gardner was a convicted felon with an active warrant out of Cook County, Illinois.

Gardner was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Gardner was sentenced to 41 months’ imprisonment and 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.   Attorney General Jeff Sessions 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, Attorney General Sessions 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.

Gardner 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 Lyndie M. Freeman and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Guns, and Explosives. 

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

The case file number is 17_CR-1035.

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Two brothers from Ossian, Iowa, who sold opioids and illegally possessed numerous guns were each sentenced today to nearly four years in federal prison.

Kaleb Breitsprecher, age 22, received the prison term after an August 25, 2017 guilty plea to distributing heroin and possession of a firearm as an unlawful drug user.  Cole Breitsprecher, age 24, received the prison term after a September 1, 2017 guilty plea to distribution of furanyl fentanyl and possession of a firearm as an unlawful drug user.

Evidence at a prior hearing showed that law enforcement purchased drugs from the brothers multiple times in April and May 2017.  During one of the controlled buys, Cole Breitsprecher sold an aerosol bottle of liquid containing furanyl fentanyl, a potent analogue of fentanyl.  During other controlled buys, Kaleb Breitsprecher sold baggies of heroin.  During June 2017 searches at their respective residences in Ossian, law enforcement seized 12 guns.  Each brother possessed a Bushmaster rifle with multiple high-capacity magazines.  Both brothers admitted to being unlawful users of heroin, fentanyl, and marijuana.

“The Breitsprechers endangered the entire community by unlawfully possessing guns while using drugs,” said United States Attorney Peter E. Deegan, Jr.  “They also sold heroin and furanyl fentanyl, presenting a grave risk to everyone who bought these incredibly dangerous opioids.”

The Breitsprechers were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Kaleb Breitsprecher was sentenced to 46 months’ imprisonment.  Cole Breitsprecher was sentenced to 46 months’ imprisonment and fined $5,000.  Each must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Both men are being held in the United States Marshal’s custody until they can be transported to federal prison.

The case was investigated by the Northeast Iowa Drug Task Force and Iowa Division of Narcotics Enforcement, 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 17-CR-2053-LRR.

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A Waterloo man who illegally possessed a gun he used to shoot a minor was sentenced today to the maximum allowed under the law, ten years in prison.

Eric Cortez Sallis, age 27, from Waterloo, Iowa received the prison term after a July 14, 2017, guilty plea to possessing a firearm and ammunition as a felon.

At the guilty plea, Sallis admitted that on December 10, 2016, he illegally possessed a loaded Sig Sauer 9mm handgun.  Police located the gun during a search of an apartment in Waterloo.  Evidence at the sentencing hearing established that Sallis had shot another person on November 27, 2016.  On that day, while at a residence in Waterloo, Sallis confronted a 17 year-old boy.  During the confrontation, Sallis shot the boy three times.  The victim was taken to Allen Memorial Hospital and treated for gunshot wounds.  Law enforcement examined the gun that police seized on December 10 and determined it was the gun used in the shooting.  Sallis admitted to shooting the victim at the sentencing hearing. 

Sallis was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Sallis was sentenced to 120 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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.  Attorney General Jeff Sessions 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, Attorney General Sessions 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.

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

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated 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 17-CR-2017.

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The United States Attorney for the Northern District of Iowa is reminding consumers that if they lost money to a scammer through Western Union between January 1, 2004, and January 1h, 2017, they can submit a claim to the Federal Trade Commission (FTC) to potentially get their money back. The deadline to do so has been extended to May 31, 2018. 

These potential refunds for consumers are the result of joint investigations by the FTC, the Department of Justice (DOJ), and the U.S. Postal Inspection Service. Western Union agreed to pay a $586 million settlement, and that money will be used to provide refunds. Once a consumer’s claim is verified by the DOJ, the amount of money returned to the consumer will depend on the total number of valid claims submitted. 

Consumers who wish to file a claim or learn more about the refund process can visit the Western Union Refunds page on the FTC’s website at FTC.gov/WU.  Consumers may also call 1-844-319-2124 to start a claim.

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A lawful permanent resident who possessed child pornography and more than a half pound of cocaine was sentenced on March 12, 2018, to more than seven years in federal prison.

Jose Ramon Ortega-Ramirez, 23, from Sioux City, Iowa, received the prison term after a November 1, 2017 guilty plea to one count of possession of child pornography and one count of possession with intent to distribute a mixture or substance containing cocaine.

In a plea agreement, Ortega-Ramirez admitted that he possessed images conveying nude images of a minor.  Ortega-Ramirez admitted that he also possessed images and videos of the minor engaging in sexually explicit activity.  Ortega-Ramirez was aware that the minor was under the age of 18 at the time.

In a plea agreement, Ortega-Ramirez also admitted that law enforcement intercepted a package from Mexico containing approximately 290.70 grams of cocaine.  The package was addressed to “Jhon Smith” and had Ortega-Ramirez’s address on it.  On August 4, 2017, law enforcement executed a controlled delivery of the package at Ortega-Ramirez’s residence.  On this day, Ortega-Ramirez approached the undercover agent, identified himself as “Jhon Smith,” signed for the package, and brought it into his home.  Shortly thereafter, officers executed a search warrant on the residence and found the package in Ortega-Ramirez’s bedroom hidden underneath a blanket on his bed.  After his arrest, Ortega-Ramirez claimed that he had accepted the package on behalf of the tenants in the upstairs apartment who he knew to sell cocaine, methamphetamine, and marijuana.  He claimed he expected to receive marijuana as compensation.  Shortly after the interview ended, Ortega-Ramirez attempted to escape from police custody by running approximately thirty feet and jumping over a second floor railing that was approximately twenty feet off the ground.  Before defendant could escape, five law enforcement officers subdued him.

Ortega-Ramirez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Ortega-Ramirez was sentenced to 90 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case is being prosecuted by Assistant United States Attorney Tim Duax and Special Assistant United States Attorney Ajay Alexander, 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 17-CR-4049 and 17-CR-4066.

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Gregory Stephen, age 42, from Monticello, Iowa, has been charged with one count of knowingly transporting child pornography across state lines.­  The charge is contained in a Complaint filed today in United States District Court in Cedar Rapids. 

­The Complaint alleges that, in January 2018, Stephen transported a recording device containing child pornography from Illinois to Iowa.  The Complaint alleges the recording device contained video clips believed to depict young, non-adult disrobed male individuals.  Based on the investigation, the male individuals do not appear to be aware they were being recorded.  

If convicted, Stephen faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of twenty years’ imprisonment, a $250,000 fine, and at least five years of supervised release following any imprisonment.­

Stephen appeared today in federal court in Cedar Rapids and was held without bond.  Stephen’s next appearance for a preliminary hearing and detention hearing is set for March 15, 2018. 

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

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Iowa Division of Criminal Investigation, the Monticello Police Department, the Delaware County Sheriff’s Office, 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-MJ-74. 

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A man who conspired to distribute pounds of methamphetamine and launder drug proceeds pled guilty on March 12, 2018, in federal court in Cedar Rapids.

Derek Richard Rath, age 35, of Dubuque, Iowa, was convicted of conspiracy to distribute methamphetamine and conspiracy to commit money laundering.

Evidence at a prior court proceeding showed that Rath received several multi-pound shipments of ice methamphetamine through the mail, which he then resold in Dubuque.  Evidence showed that Anthony McCarron mailed the methamphetamine from Phoenix, Arizona, to Rath from September 2016 to June 2017.  Rath also shipped large quantities of cash to McCarron to pay for each shipment of methamphetamine.  At the plea hearing, Rath admitted that he and McCarron used aliases when shipping the drugs and money.  McCarron previously pled guilty to conspiracy to distribute methamphetamine and conspiracy to commit money laundering on October 30, 2017.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Rath remains in custody of the United States Marshal pending sentencing.  Rath faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $40,000,000 fine, and at least 10 years of supervised release following any imprisonment.

The case is being prosecuted by Special Assistant United States Attorney Drew O. Inman and was investigated by the Dubuque Drug Task Force, the Iowa Division of Narcotics Enforcement, 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-1042-LTS.  Follow us on Twitter @USAO_NDIA.

A man who escaped from custody was sentenced today to more than two years in federal prison.  Chad Stocks, age 37, from Clarion, Iowa, received the prison term after an October 13, 2017, guilty plea to one count of escape from custody.  Stocks was also sentenced on a revocation of supervised release based on his admissions to several violations of the terms and conditions of his supervised release following his prior federal felony drug and firearm convictions.

At the guilty plea, Stocks admitted he escaped from the residential facility in Mason City, Iowa.  In 2007, Stocks was sentenced to 168 months’ imprisonment for conspiracy to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.  He was released from prison on April 14, 2017, and entered the Beje Clark Residential Release Center on April 19, 2017.  He was to be released from the center on July 3, 2017.  However, on June 21, 2017, after violating several conditions of his release, Stocks left the facility without permission and did not return.

Stocks was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Stocks was sentenced to 12 months’ imprisonment on the escape conviction and 21 months’ imprisonment on the release violations, for a total of 33 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.  Stocks 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 U.S. Marshals Service. 

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

The case file number is 17-3038.  Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine pled guilty today, on March 9, 2018, in federal court in Sioux City.

Mark Jenkins, 51, from Sanborn, Iowa, was convicted of one count of conspiracy to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine.

In a plea agreement, Jenkins admitted that from 2015 through January 10, 2018, he was involved in the distribution of multi-pound quantities of methamphetamine while residing less than a block away from a public middle school. Jenkins admitted to transporting up to five-pound quantities of methamphetamine at a time from a source in Omaha, Nebraska.  Jenkins admitted to selling numerous firearms in the past and keeping as much as $100,000 stashed away.  At the time of his arrest, Jenkins and a co-conspirator were found in possession of approximately 177.89 grams of actual (pure) methamphetamine. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Jenkins remains in custody of the United States Marshal pending sentencing.  Jenkins faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $5,000,000 fine, $100 in special assessments, and 5 years of supervised release following any imprisonment.

The arrest and prosecution of Jenkins was the result of a long-term investigation spanning over three years and involved extensive cooperation between various law enforcement agencies.  The case is being prosecuted by Special Assistant United States Attorney Ajay Alexander and was investigated by the Iowa Great Lakes Drug Task Force, assisted by the O’Brien County Sheriff’s Office, Clay County Sheriff’s Office, Dickinson County Sheriff’s Office, Osceola County Sheriff’s Office, Buena Vista County Sheriff’s Office, Sheldon Police Department, Sanborn Police Department, Iowa Division of Narcotics Enforcement, Iowa Department of Public Safety, Iowa Division of Criminal Investigation, and the DEA Tri-State Drug Task Force. 

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

The case file number is 18-CR-4004-LTS.

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An Iowa State University student was sentenced on Monday, March 5, 2018, to 2 years’ probation with a condition that he spend two consecutive weeks in jail.

James Nhan, 23, from Orange City, Iowa, received the sentencing after a November 20, 2017 guilty plea to one count of manufacturing anabolic steroids.

In a plea agreement, Nhan admitted that, from late 2014 until December 15, 2015, he manufactured anabolic steroids and intended to distribute some of the steroids to various customers.  In December 2015, law enforcement executed a search warrant on Nhan’s residence and seized numerous vials containing anabolic steroids, as well as laboratory equipment, packing material, labels, and sheets of papers listing the names and addresses of individuals who had purchased or intended to purchase anabolic steroids.  Nhan admitted to importing the raw materials from China.     

Nhan was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Nhan was sentenced to 2 years’ probation with a condition that he spend two consecutive weeks in jail.  A special assessment of $100 was imposed. 

The case was prosecuted by Special Assistant United States Attorney Ajay Alexander and investigated by the Federal Bureau of Investigation, Drug Enforcement Administration, Iowa Division of Criminal Investigations, Sioux County Attorney’s Office, Department of Homeland Security, Nebraska State Patrol, and Food and Drug Administration – Office of Inspector General. 

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

The case file number is 17-CR-4050-LTS.

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Dino Harrington, age 31, and Tiffany Youngblood, age 39, both from Cedar Rapids, Iowa, have been charged with distributing and helping to distribute heroin in the Cedar Rapids area.  The charge is contained in a Complaint filed on March 5, 2018, in the United States District Court in Cedar Rapids. 

The Complaint alleges that, on or about March 5, 2018, Harrington and Youngblood distributed and aided and abetted the distribution of heroin. 

If convicted, Harrington and Youngblood each face a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and at least 3 years and up to a lifetime term of supervised release following any imprisonment.­

Harrington and Youngblood both appeared yesterday in federal court in Cedar Rapids, and are being held without bond pending a detention hearing scheduled for 10:30 a.m. on March 9, 2018. 

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

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

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

The case file number is 18-MJ-68.

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Bradley Brown, D.C., from Oelwein, Iowa, and his clinic, Brown Chiropractic, P.C., have agreed to pay $79,919 to resolve allegations Brown violated the False Claims Act by improperly billing Medicare and Medicaid for chiropractic adjustments after providing free electrical stimulation to beneficiaries to influence those beneficiaries to receive chiropractic adjustments from Brown. The government alleged that this conduct violated the Anti-Kickback Statute and, in turn, the False Claims Act. The claims at issue were submitted between January 1, 2012, and September 30, 2016.

The Anti-Kickback Statute’s purpose, in part, is to protect patients and federal healthcare programs from fraud and abuse by limiting the influence of money or improper incentives on healthcare decisions. It is intended to ensure, among other things, that improper financial incentives do not compromise providers’ medical judgments and that inappropriate considerations do not cloud beneficiaries’ decisions when determining which providers to utilize and which services to obtain.

“Our office takes seriously our responsibility to safeguard taxpayer dollars and to ensure a level playing field for healthcare providers,” said Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa. “We appreciate Dr. Brown’s cooperation in the investigation and hope this settlement sends a message to all providers that they must comply with all applicable rules and regulations or face consequences.”

The allegations resolved by the settlement arose from an investigation led by the Department of Health and Human Services and conducted in conjunction with the State of Iowa’s Medicaid Fraud Control Unit and the State of Iowa’s Medicaid Program Integrity Unit. False Claims Act cases also arise under the qui tam or whistleblower provisions of the Act, which permit a private party with knowledge of false claims to bring suit on behalf of the United States and then share in any recovery.

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A man whose criminal history includes attempted first degree murder, attempted armed robbery, and being an accessory after the fact to armed robbery, was sentenced today to more than 3 years in federal prison.

Edward Whitney, age 39, from Iowa Falls, Iowa, received the prison term after an October 17, 2017, guilty plea to possession of a firearm by a felon.

At the guilty plea, Whitney admitted he possessed a Remington Arms .22 caliber rifle in June 2017, at his home in Iowa Falls.  Information disclosed at the sentencing hearing showed that police went to Whitney’s residence after receiving a report of a domestic assault.  During the investigation, officers located the .22 caliber rifle hidden under the couch cushions.

Whitney was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Whitney was sentenced to 41 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Whitney 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), 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.  Attorney General Jeff Sessions 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, Attorney General Sessions 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.  The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Iowa Falls Police Department. 

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

The case file number is 17-CR-61.

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Six people from the Dubuque, Iowa, area were sentenced on March 1, 2018, to federal prison for participating in a fraud that victimized more than 250 elderly victims across the United States.

Evidence at the sentencing hearings and prior court hearings showed that Tobey Hines, Tiffany Reynolds, Joshua Willis, Payton McCarville, Morgan Cornell, and Paul Chase were all involved in a scheme to defraud victims, who were generally elderly, around the country.  All six previously admitted that while they never made calls to victims, other individuals involved in the scheme called victims on the phone and told these victims that a relative was in jail.  The caller would then ask the victims to wire money via Western Union or Money Gram to get the relative released.  They further admitted that the money was being wired to various participants in the fraud who would pick up the wire transfers.  Each admitted that they were participants in and around Dubuque who received wire transfers from the victims.  Hines and Reynolds also admitted they sent the proceeds of the fraud via wire transfer to other participants of the scheme located in the Dominican Republic.  The scheme victimized more than 250 victims across the country.  These victims lost more than $750,000 as a result of the fraud.

“The perpetrators of this scheme shamelessly preyed upon vulnerable individuals in our society by exploiting their generosity,” said United States Attorney Peter E. Deegan, Jr.  “We will continue to work with our law enforcement partners to hold accountable those who seek to victimize and financially exploit the elderly.”    

Tobey Hines, age 33, from Dubuque, Iowa, was sentenced to 33 months in federal prison after a October 19, 2017, guilty plea to one count of wire fraud.  At his sentencing hearing, the judge found Hines had victimized at least 17 individuals and was responsible for nearly a $120,000 in loss.  Between January 2016 and April 2016, Hines sent $119,985 via wire transfer to the Dominican Republic as part of the scheme.  Hines was also ordered to pay $47,059.94 in restitution to the victims.

Tiffany Reynolds, age 33, from Dubuque, Iowa, was sentenced to 19 months in federal prison after a November 15, 2017, guilty plea to one count of wire fraud.  At her sentencing hearing, the judge found that Reynolds was responsible for the losses of 15 victims, totaling nearly $40,000 in losses.  In sentencing her, the judge also noted Reynolds’s extensive criminal history, including prior convictions for OWI and assault.  The judge also ordered her to pay $37,587 in restitution to the victims.

Joshua Willis, age 21, from Dubuque, Iowa, was sentenced to 23 months in federal prison after a November 15, 2017, guilty plea to one count of wire fraud.  At his sentencing hearing, the judge found that Willis was responsible for the losses of 26 victims, totaling more than $60,000 in losses.  In sentencing Willis, the judge also noted his extensive criminal history, including multiple prior convictions for assault.  The judge also ordered him to pay $64,302.80 in restitution to the victims.

Payton McCarville, age 23, from Dubuque, Iowa, was sentenced to 8 months in federal prison after a November 17, 2017, guilty plea to one count of wire fraud.  At her sentencing hearing, the judge found that McCarville was responsible for the losses of 13 victims, totaling nearly $40,000 in losses.  The judge also ordered her to pay $39,369.31 in restitution to the victims.

Morgan Cornell, age 21, from Dubuque, Iowa, was sentenced to 14 months in federal prison after a November 16, 2017, guilty plea to one count of wire fraud.  At her sentencing hearing, the judge found that Cornell was responsible for the losses of 15 victims, totaling over $30,000 in losses.  The judge also ordered her to pay $33,129.60 in restitution to the victims.

Paul Chase, age 34, from Dubuque, Iowa, was sentenced to 15 months in federal prison after a November 20, 2017, guilty plea to one count of wire fraud.  At his sentencing hearing, the judge found that Chase was responsible for the losses of 14 victims, totaling more than $40,000 in losses.  In sentencing Chase, the judge also noted his extensive criminal history, including multiple prior convictions for OWI.  The judge also ordered him to pay $42,152.46 in restitution to the victims.

The prosecutions are part of the Elder Justice Initiative of the Department of Justice. In June 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/.

All four individuals were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Each must also serve a three-year term of supervised release after being released from prison.  There is no parole in the federal system.

Hines, Reynolds, Willis, McCarville, and Cornell are being held in the United States Marshal’s custody until each can be transported to a federal prison.  Chase was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Department of Homeland Security - Investigations and the Dubuque Police Department.

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

The case file number is 17-CR-1038.

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A convicted felon who illegally possessed a gun and ammunition was sentenced yesterday to more than nine years in federal prison.

Todd Deangelo Goodson, age 27, from Waterloo, Iowa, received the prison term after a September 28, 2017, guilty plea to possession of firearms and ammunition by a felon.  At the guilty plea, Goodson admitted he possessed a Beretta .45 caliber pistol and a Px4 Storm AK47 .223 rifle and 9mm ammunition on June 8, 2017.

During an investigation of Goodson’s involvement in the distribution of illegal drugs, law enforcement officers executed a search warrant at Goodson’s residence.  Officers seized two guns, ammunition, marijuana, cocaine, a cutting agent, a drug ledger, cash, and drug packing material.  Goodson was a felon and was prohibited from possessing guns or ammunition.

Goodson was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Goodson was sentenced to 111 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions 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, Attorney General Sessions 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.

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

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated 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 17-cr-2056.

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A felon who went to a Dubuque laundromat in June 2017 to drop off his laundry but accidently dropped his loaded gun, which discharged when it hit the ground, was sentenced last week to four years in federal prison. 

Christopher Dion Roundtree, age 33, most recently from Dubuque, Iowa, but originally from Chicago, Illinois, received the prison term after an October 26, 2017, guilty plea to possession of a gun by a felon.  In a plea agreement, Roundtree admitted he was a felon and a marijuana user in June 2017, when he possessed a loaded .32 caliber pistol at a Dubuque laundromat.  The pistol had an obliterated serial number.  As Roundtree got out of his SUV to drop off his laundry, the gun, which Roundtree was carrying in his pants, fell out.  The “Derringer”-style gun had a round chambered, and the gun discharged when it hit the ground.  After the gun discharged, Roundtree picked it up, put the gun in his SUV, and went inside the laundromat to drop off his laundry.  When an employee of the laundromat asked defendant about hearing a loud noise, Roundtree lied to the employee and said that the loud noise was a “firework.”  Roundtree then dropped off his clothes at the laundromat—giving his true last name—and his correct telephone number.  Within hours, Dubuque police officers found and apprehended Roundtree with the gun while he was still driving the SUV.  Roundtree had several baggies of marijuana, crack cocaine, and powder cocaine under his seat.  He also admitted to recently smoking marijuana.

Roundtree was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Roundtree was sentenced to 48 months’ imprisonment.  He must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.  Roundtree 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 Dubuque Police Department and the Bureau of Alcohol, Tobacco, Guns, and Explosives. 

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.  Attorney General Jeff Sessions 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, Attorney General Sessions 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.

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

The case file number is 2:17-cr-1041-LTS.

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A Mexican man who illegally returned to the United States was sentenced March 1, 2018, to almost 3 months in federal prison.

Luis Godinez-Urbizo, age 35, a citizen of Mexico illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a January 11, 2018, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Godinez-Urbizo admitted he had previously been deported from the United States on October 17, 2017, and that he illegally reentered the United States without the permission of the United States government.  On November 20, 2017, Godinez-Urbizo illegally returned to the United States and was found by immigration officers during a traffic stop in Cedar Rapids, Iowa on November 28, 2017.

Godinez-Urbizo was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Godinez-Urbizo was sentenced to 80 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.

Godinez-Urbizo 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 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 17-CR-95.

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A man who filed false and fraudulent tax returns pled guilty on February 28, 2018, in federal court in Sioux City.

Kurt Neldeberg, 64, from Whiting, Iowa, was convicted of making a false and fraudulent tax return.

At the plea hearing, Neldeberg admitted that from at least 2009 through 2012, he failed to report a total of approximately $315,512 in income from grain sales which resulted in unpaid and taxes due and owing for those tax years.  Neldeberg admitted he deposited proceeds from grain sales into personal bank accounts, knowing that he was supposed to tell his bookkeeper and tax preparer of these farm grain sales and deposits, but willfully did not inform his bookkeeper nor his tax preparer of these farm grain sales and deposits into personal accounts.  Neldeberg knew that the farm receipts reported on his Schedule F on his joint federal tax returns was incorrect, resulting in underreported income for each of the tax years 2009-2012 and tax losses therefrom.   

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared.  Neldeberg remains free on bond previously set pending sentencing.  Neldeberg faces a possible maximum sentence of 3 years’ imprisonment, a $250,000 fine, a special assessment of $100, and not more than one year of supervised release following any imprisonment.  A person convicted of a criminal tax offense, in addition to whatever sentence is imposed, is also required to pay the tax determined to be due, as well as interest and civil penalties that may be assessed.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Internal Revenue Service. 

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

The case file number is 18-4012.  Follow us on Twitter @USAO_NDIA.

Three men were sentenced to federal prison after pleading guilty to counterfeiting U.S. currency, possessing stolen U.S. mail, and aggravated identity theft.  The men stole U.S. mail from dozens of mailboxes in the Cedar Rapids area, altered the payee names on checks, often to their own names, and then fraudulently cashed the checks. 

Joshua Chalk, age 31, from Cedar Rapids, Iowa, was sentenced today to 36 months in federal prison and three years of supervised release.  Chalk was also ordered to make $11,463.45 in restitution to the victims of his crimes.  Chalk received the prison term after pleading guilty on July 17, 2017, to manufacturing counterfeit currency and aggravated identity theft.  At his plea hearing, Chalk admitted he manufactured a $100 bill in March 2017.  Chalk was making counterfeit currency to purchase pizza and other items.  Chalk provided counterfeit bills to his girlfriend, who ordered the pizza.  Chalk also admitted he participated in a larger bank fraud scheme with Kevin Kappmeyer and Darrell Turner to remove checks from stolen U.S. mail, alter the payee names on the checks, and then attempt to cash those checks.  Chalk admitted he presented an altered check on December 26, 2016, at a local check cashing company, with his own name as the payee.

Darrell Turner, age 50, from Cedar Rapids, Iowa, was sentenced on October 26, 2017, to 38 months in federal prison and three years of supervised release.  Turner was also ordered to make $7,271.13 in restitution to the victims of his crimes.  Turner received the prison term after pleading guilty on April 18, 2017, to possession of stolen mail matter and aggravated identity theft.  At his plea hearing, Turner admitted he participated in the stolen mail scheme with Chalk and Kappmeyer.  Turner admitted he tried to cash one of the altered checks, bearing his own name as the payee, on January 6, 2017, at a local bank.

Kevin Kappmeyer, age 51, from Cedar Rapids, Iowa, was sentenced on February 15, 2018, to 40 months in federal prison and three years of supervised release.  Kappmeyer was also ordered to make $2,680.82 in restitution.  Kappmeyer received the prison term after pleading guilty on June 28, 2017, to possession of stolen mail matter and aggravated identity theft.  At his plea hearing, Kappmeyer admitted he participated in the stolen mail scheme.  Kappmeyer admitted he possessed a check that was stolen from the mail.  Kappmeyer cashed the check, bearing his own name as payee, on January 4, 2017.

The men were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Judge Reade increased the sentences of Turner and Kappmeyer because of their “horrible” criminal histories.  Turner’s criminal activity stretches back to 1985, when he 18 years old. Turner has numerous convictions for theft and forgery.  He also has 12 past violations or revocations of work release, probation, or parole in state court.  Kappmeyer’s criminal activity stretches back to 1981, when he was 14 years old.  Kappmeyer has convictions from four states: Iowa, Colorado, Wisconsin, and Florida.  Kappmeyer has convictions for assault and drunk driving.

Chalk, Turner, and Kappmeyer were all held in the United States Marshal’s custody until they could be transported to a federal prison.  There is no parole in the federal system. 

The case was prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service, the Cedar Rapids Police Department, and the Marion Police Department.  

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

The case file numbers are 17-CR-17-LRR, 17-CR-44-LRR, and 17-CR-47-LRR.

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A man who was manufacturing methamphetamine on his relative’s property was sentenced today to more than seven years in federal prison.

Jason Tooley, age 35, most recently from Lowden, Iowa, and originally from Kentucky, received the prison term after a September 28, 2017, guilty plea to one count of attempt to manufacture methamphetamine.

Information presented at the sentencing hearing showed that in October 2016, Tooley had absconded from state probation.  Tooley’s cousin permitted him to live in a shed on her property in Lowden, Iowa.  The shed was next to the cousin’s house where her two young children also lived.  On October 25, 2016, a deputy sheriff with the Cedar County Sheriff’s Office was investigating a stolen license plate.  The deputy saw the license plate on Tooley’s car, which was parked by the shed.  When Tooley saw the deputy, he locked the shed and fled into the nearby woods.  Deputies returned later and arrested Tooley.  On October 26, 2017, deputies executed a search warrant for Tooley’s car and shed and recovered methamphetamine, chemical by-products from the “one-pot” methamphetamine manufacturing process, and various other materials for manufacturing methamphetamine.  Tooley had been purchasing pseudoephedrine for manufacturing methamphetamine for several years, continuing up until the time of his arrest.

Tooley was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  He was sentenced to 85 months’ imprisonment.  Tooley must also serve a six-year term of supervised release after the prison term.  There is no parole in the federal system.

Tooley 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 O. Inman and investigated by Cedar County Sheriff’s Office, the Muscatine County Drug Task Force, and the Iowa Division of Narcotics Enforcement.

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

The case file number is 17-CR-62.

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A man who conspired to distribute methamphetamine was sentenced February 27, 2018, to 10 years in federal prison.

Delbert Raymond Lane, age 40, of Nora Springs, Iowa, received his prison term after a November 13, 2017, guilty plea to conspiracy to distribute methamphetamine. 

Lane admitted his involvement in a conspiracy to distribute methamphetamine in North Central Iowa between 2014 and April of 2017.  During this time frame, Lane was receiving ounces of high purity methamphetamine and breaking them into smaller quantities for resale.  In August 2016, Lane sold an eighth of an ounce of methamphetamine to a confidential informant in Mason City.  On November 23, 2016, defendant was in possession, with intent to deliver, approximately 43 grams of 96% pure methamphetamine.  Lane sold methamphetamine in various quantities, up to ounces.

Lane sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Lane was sentenced to 120 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

Lane 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 Jack Lammers and investigated by the North Central Iowa Narcotics Task Force and the Cerro Gordo County Sheriff’s Office.

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

The case file number is 17-3048.  Follow us on Twitter @USAO_NDIA.

An Iowa man has been sentenced to federal prison for his role in a methamphetamine distribution conspiracy. 

Dwight Chris Jorgensen, age 49, of Grafton, Iowa, received his prison term after an August 28, 2017, guilty plea to conspiracy to distribute methamphetamine. 

According to information disclosed at the sentencing and change of plea hearing, Jorgensen was receiving quarter pound, half pounds and pound amounts of methamphetamine and re-distributing it to others.  In February 2017, during a search of Jorgensen’s residence, shop, and Jeep Cherokee, law enforcement seized a large amount of methamphetamine, a Taurus 9 mm handgun and $2,743.00.  During his involved in the conspiracy Jorgensen distributed more than 1500 grams of actual (pure) methamphetamine.

Jorgensen was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Jorgensen was sentenced to 168 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

Jorgensen 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 Jack Lammers and investigated by the Division of Narcotics Enforcement; Franklin County Sheriff’s Office; Worth County Sheriff’s Office; Iowa State Patrol; Mower County Minnesota Sheriff’s Office; Austin Minnesota Police Department and Division of Intelligence.

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

The case file number is 17-3027.  Follow us on Twitter @USAO_NDIA.

A woman who possessed methamphetamine was sentenced February 27, 2018, to over 17 years in federal prison.

Lara Pineda, age 33, of Fort Dodge, Iowa, received her prison term after a March 24, 2017, guilty plea to possession with intent to distribute methamphetamine. 

At the guilty plea, Pineda admitted she possessed methamphetamine with the intent to distribute some or all of the methamphetamine to another person.  On September 3, 2016, during a search of her vehicle Pineda was found in possession of approximately one pound of actual (pure) methamphetamine.  After the plea hearing Pineda fled to Mexico and was arrested and transported back to the United States.

Pineda was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Pineda was sentenced to 210 months’ imprisonment.  A special assessment of $100 was imposed.  She must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.

Lara 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 Jack Lammers and investigated by the North Central Iowa Narcotics Task Force and the Cerro Gordo County Sheriff’s Office.

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

The case file number is 16-3047.  

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Between 2015 and 2017, there was a nationwide increase in the number of deaths due to unintentional shootings.  Unfortunately, Iowa has not been immune to this trend.  Unintentional shootings with illegally possessed guns present a danger to everyone in our community, but especially to children.  The United States Attorney for the Northern District of Iowa and its law enforcement partners are committed to continuing to make Iowa safer by addressing this problem through the enforcement of all federal laws limiting who can possess firearms.  Under federal law it is illegal for an unlawful drug user to possess a firearm.  Four recent prosecutions involving unlawful drug users in possession of firearms highlight the risks associated with these types of violations as well as the commitment to deterring future violations.

The four cases, described in more detail below, are the investigation and prosecution of Daniel Henriksen, 30, from Elgin, Iowa; Robyn Lynn Merchant, 55, from Vinton, Iowa; Raven Harris, 27, and Willie Earl Horsley, Sr., 31, both from Dubuque, Iowa, and Dale Edward White, 26, from Nashua, Iowa.  All of these cases involved an unintentional shooting resulting in death or serious injury, and all of these cases involved the possession of a firearm by an illegal drug user.  The cases demonstrate why guns and drugs are a dangerous combination.

“Federal law prohibits certain people from owning or even handling guns,” said United States Attorney Peter E. Deegan, Jr.  “These include not only unlawful drug users, but convicted felons, convicted domestic abusers, persons with certain mental health histories, and illegal aliens.  All of these shootings – including those resulting in the deaths of children – would have been avoided if the people involved had been following the law.”  Deegan added, “As these cases also demonstrate, the consequences of illegally possessing a gun can include a felony conviction, going to federal prison, and being under court supervision for years.  These cases highlight the commitment of local, state, and federal law enforcement to continue the fight against gun crime and to make our streets safer as part of Project Safe Neighborhood.”

The four recent prosecutions are:

 

1. On February 23, 2015, Robyn Lynn Merchant provided her 16-year-old son with a Walther HK MP5 .22 caliber rifle.  The following day, police responded to Merchant’s residence in Vinton after receiving a 911 call that a shooting had taken place.  When police arrived, they discovered a 14-year-old girl had been shot in an upstairs bedroom.  That bedroom belonged to Merchant’s 16-year-old son.  Merchant’s son was present in his bedroom at the time of the shooting.  Also present in the bedroom were two additional 16-year-old males.  The 14-year-old girl eventually died as a result of the gunshot wound.

At the time Merchant provided her son with the firearm, he was an unlawful user of marijuana.  Her son regularly used marijuana in Merchant’s home, and a urine sample obtained from him the night of the shooting tested positive for marijuana.  The night of the shooting, police saw evidence of recent drug and alcohol use in plain view in Merchant’s son’s bedroom.  Police eventually seized a marijuana smoking pipe, drug paraphernalia, approximately seven ounces of marijuana individually packaged into eight separate plastic bags, and drug packaging materials from the bedroom.  During the investigation, law enforcement learned that Merchant and her son conspired with each other to distribute marijuana from their residence.  Some of their customers included other high school students who were friends of Merchant’s son.

On May 23, 2016, Merchant pled guilty to transferring a firearm to a prohibited person (a drug user).  Merchant was sentenced on October 24, 2016, in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Merchant was sentenced to 46 months’ imprisonment.  She must also serve a three-year term of supervised release after the prison term.

 

2. On January 2, 2016, police responded to Dale Edward White’s residence after receiving a 911 call regarding a shooting.  Prior to the call, White and his father were handling a .22 caliber rifle in the living room of the residence they shared.  The firearm was loaded with .22 caliber ammunition.  During the handling of the firearm, the firearm unintentionally discharged, striking White’s father who eventually died as a result of this injury.  During the investigation, police seized 49 firearms from White’s residence.  These firearms included handguns, shotguns, and rifles.  Police also seized evidence consistent with drug use.  At the time he possessed these firearms, White was a user of methamphetamine and marijuana.

On April 27, 2016, White pled guilty to possessing a firearm and ammunition as a drug user.  On August 31, 2016, he was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  White was sentenced to 47 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.

 

3. On January 3, 2016, police responded to the residence of Raven Harris and Willie Earl Horsley, Sr., after receiving a 911 call regarding a shooting.  Horsley and Harris were both unlawful users of marijuana and kept in their residence a .45 caliber pistol.  Horsley and Harris had left the firearm in their bedroom, accessible to their minor children.  The children began playing with the firearm, which led to the shooting of Horsley and Harris’ two-year-old son.  The child suffered multiple injuries and was airlifted to the University of Iowa Hospitals for treatment.

On April 20, 2016, both Harris and Horsley pled guilty to being drug users in possession of a firearm and ammunition.  On August 30, 2016, they were each sentenced in Cedar Rapids to a five-year term of probation by United States District Court Judge Linda R. Reade.  On November 14, 2017, Judge Reade found that Horsley had violated the terms of his probation and sentenced him to 9 months’ imprisonment to be followed by a two-year term of supervised release. 

 

4. On June 17, 2016, law enforcement officers and emergency medical personnel responded to Daniel Henriksen’s home in Elgin after receiving a 911 call reporting that a four-year-old boy had shot himself in the head.  Once at the residence, they located a child suffering from a gunshot wound to his head.  The child was transported to Palmer Lutheran Hospital in West Union, Iowa, where he was later pronounced dead.  Investigators determined that Henriksen was the owner of the firearm used in the shooting.  During a search of Henriksen’s residence, officers seized several items of drug paraphernalia, including marijuana smoking devices.  Several of these items were analyzed at the Iowa Division of Criminal Investigation Criminalistics Laboratory and tested positive for marijuana.

On September 1, 2017, Henriksen pled guilty to being a drug user in possession of a firearm, specifically the Glock 36 .45 caliber handgun used in the shooting.  Henriksen was sentenced on February 21, 2017, in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Henriksen 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.

These cases were prosecuted by Assistant United States Attorney Lisa C. Williams and were investigated by the Iowa Division of Criminal Investigation and the Fayette County Sheriff’s Office (Henriksen); the Vinton Police Department, the Iowa Department of Public Safety, the Department of Homeland Security, United States Immigration and Customs Enforcement, Homeland Security Investigations, and the Bureau of Alcohol Tobacco and Firearms (Merchant); the Dubuque Police Department (Harris and Horsley); and the Iowa Division of Criminal Investigation, the Nashua Police Department, the Chickasaw County Sheriff’s Office, and the Iowa State Patrol (White).

These cases were 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.  Attorney General Jeff Sessions 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, Attorney General Sessions 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.

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

The case file numbers are 17-cr-2021 (Henriksen); 16-cr-0017 (Merchant); 16-cr-1006 (Harris and Horsley); and 16-cr-2013 (White).

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A convicted felon who unlawfully possessed a firearm was sentenced today to a year in federal prison.

Brett John Schmerbach, age 44, from Holy Cross, Iowa, received the prison term after a September 24, 2017, guilty plea to possession of a firearm by a felon.  At the guilty plea, Schmerbach admitted that on December 30, 2016, he possessed three guns: (1) a Browning, BPS Micro Midas, 20 gauge shotgun; (2) a Remington Arms Company, 870 Express Magnum, 12 gauge shotgun; and (3) a Henry Repeating Rifle Company, H004, Golden Boy, .22 caliber rifle.  At the time he possessed the guns, Schmerbach had twice been convicted felony operating while intoxicated offenses.  The guns were found at Schmerbach’s residence while police were searching the residence pursuant to a search warrant.  Besides the guns, officers also found methamphetamine, drug paraphernalia, and ammunition.

Schmerbach was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Schmerbach was sentenced to 12 months’ imprisonment and fined $5,500.  A special assessment of $100 was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), 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.  Attorney General Jeff Sessions 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, Attorney General Sessions 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.

Schmerbach is being held in United States Marshal’s custody until he can be transported to a federal prison. Schmerbach was originally released on supervised release following his indictment, but was later detained due to his failure to follow the conditions of his release set by the District Court.

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Delaware County Sheriff’s Office 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 17-cr-02059.

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A man who illegally possessed a gun was sentenced today to more than a year in federal prison.

Demontrae Poole, age 20, from Cedar Rapids, Iowa, received the prison term after a September 21, 2017, guilty plea to unlawfully possessing a gun while an illegal drug user.  At the guilty plea, Poole admitted he possessed a Jimenez Arms JA380, .380 caliber pistol and that he was an unlawful user of marijuana on May 4, 2017.  Information at sentencing showed that Poole’s criminal history includes two separate convictions for interference with official acts, during which law enforcement officers were injured. 

Poole was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Poole was sentenced to ­­­21 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.

Poole is being held in United States Marshal’s custody until he can be transported to a federal prison.  Poole was originally given pretrial release following his federal indictment, but was taken into custody following numerous violations of the release conditions set by the District Court, including attempting to remove his GPS monitor.

The case was prosecuted by Assistant United States Attorney Lyndie Freeman and was investigated by the Federal Bureau of Investigation, the Cedar Rapids Police Department, and the Bureau of Alcohol, Tobacco, and Firearms.

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.  Attorney General Jeff Sessions 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, Attorney General Sessions 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.

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

The case file number is 17-cr-0064.

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A convicted sex offender who lived in Cedar Rapids, Iowa, for 11 months without registering was sentenced February 22, 2018, to 8 months in federal prison.

Raymond Hockenberger, age 44, most recently from Cedar Rapids, Iowa, received the prison term after a September 20, 2017, guilty plea to one count of failing to register as a sex offender.

Information from the sentencing hearing showed that Hockenberger was required to register as a sex offender because he was previously convicted of attempted rape.  While still on probation for that conviction, Hockenberger provided a fake name to police and was convicted of identity theft.  Hockenberger moved to Cedar Rapids in January 2016.  He did not register as a sex offender until November 2016 and registered only after he was likely alerted to the fact that law enforcement was looking for him in Cedar Rapids.

Hockenberger was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Hockenberger was sentenced to 8 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Hockenberger is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the United States Marshal’s Service.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 17-cr-57.

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A Mexican man who illegally returned to the United States was sentenced February 22, 2018, to four months in federal prison.

Amador Artiniega-Reyes, age 38, a citizen of Mexico illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a January 3, 2018, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Artiniega-Reyes admitted he had previously been deported from the United States in May 2010, and that he illegally reentered the United States in October 2011 without permission of the United States government.  Artiniega-Reyes was also returned to Mexico by immigration officials in 2002.  On November 24, 2017, Artiniega-Reyes was found by immigration officers in the Benton County, Iowa, Jail following Artiniega-Reyes’s arrest for operating a motor vehicle while intoxicated.

Artiniega-Reyes was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Artiniega-Reyes was sentenced to four months’ imprisonment.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

Artiniega-Reyes 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 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 17-CR-94.

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