Northern District of Iowa
Press releases recorded for this federal judicial district.
Orange City Man Sentenced for Manufacturing Anabolic SteroidsRead the Press Release
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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Cedar Rapids Couple Charged with Selling HeroinRead the Press Release
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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Oelwein Chiropractor and Clinic Agree to Pay Nearly $80,000 to Resolve False Claims Act Allegations Involving Free Electrical StimulationRead the Press Release
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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Gun Found in Home Sends Iowa Falls Man to Federal PrisonRead the Press Release
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 Sentenced to Federal Prison for Fraud that Targeted Elderly VictimsRead the Press Release
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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Waterloo Felon Sentenced to More than Nine Years in Federal Prison for Unlawfully Possessing a Gun and AmmunitionRead the Press Release
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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Unintentional Gun Discharge Leads to Four Years in Federal Prison for Felon from DubuqueRead the Press Release
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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Mexican Man Sentenced to Prison for Illegally Returning to the United States Following Prior DeportationRead the Press Release
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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Whiting Man Pleads Guilty to Tax FraudRead the Press Release
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 Cedar Rapids Men Sent to Federal Prison for Counterfeiting, Possessing Stolen U.S. Mail, and Identify TheftRead the Press Release
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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Man Sentenced to over Seven Years in Federal Prison for Attempting to Manufacture MethamphetamineRead the Press Release
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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Man Sentenced to Federal Prison for Meth-Distribution ConspiracyRead the Press Release
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.
Iowa Man Sentenced to Federal Prison for Meth-Distribution ConspiracyRead the Press Release
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.
Fort Dodge Woman Sentenced to Federal Prison for Possessing MethamphetamineRead the Press Release
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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United States Attorney Addresses Rising Number of Deaths Due to Unintentional ShootingsRead the Press Release
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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Holy Cross Man Sentenced to Federal Prison for Unlawfully Possessing GunsRead the Press Release
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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Cedar Rapids Man Sentenced to Federal Prison for Unlawfully Possessing a GunRead the Press Release
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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Sex Offender Sentenced to Prison for Failing to RegisterRead the Press Release
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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Mexican Man Sentenced to Four Months in Prison for Illegally Returning to the United States Following DeportationRead the Press Release
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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Mexican Man Sentenced for Illegally Returning to the United States Following DeportationRead the Press Release
A Mexican man who illegally returned to the United States was sentenced February 22, 2018, to almost three months in federal prison.
Jose Luis Nava, age 49, a citizen of Mexico illegally present in the United States and residing in American Falls, Idaho, received the prison term after a December 27, 2017, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Nava admitted he had previously been deported from the United States in December 2007, and that he illegally reentered the United States without permission of the United States government. Nava had also been returned to Mexico by immigration officials in 2005. On November 6, 2017, Nava was found by immigration officers in the Black Hawk County, Iowa, Jail following his arrest for operating a motor vehicle while intoxicated.
Nava was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Nava was sentenced to 88 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Nava 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-2088.
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Media AdvisoryRead the Press Release
CEDAR RAPIDS, IA – On February 21, 2018, Daniel Henriksen was sentenced to federal prison for illegally possessing a gun that was used in an unintentional shooting when a four-year old boy shot himself in the head and died. Henriksen was the fourth defendant sentenced for a federal firearm offense involving a gun that was used in an unintentional shooting in the Northern District of Iowa since August 2016.
On February 27, 2018, at 1:00 p.m., the United States Attorney’s Office will hold a press conference to highlight these cases and the consequences of illegally possessing firearms. U.S. Attorney Peter E. Deegan, Jr. will be present at the press conference along with law enforcement officials from agencies involved in the investigations.
Event Details
When: Tuesday, February 27, 2018
Where: Cedar Rapids Federal Courthouse (United States Attorney’s Office), 111 7th Ave. SE
Time: 1:00 p.m.
A press release will be provided and interview opportunities will be available. Please RSVP to Tony Morfitt at [email protected] if you plan to attend.
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Waterloo Man Sentenced to More Than 3 Years in Federal Prison for Illegally Possessing Firearms and AmmunitionRead the Press Release
A man who illegally possessed multiple firearms and hundreds of rounds of ammunition was sentenced today to more than three years in federal prison.
Paris Clevont’e Lyes, age 22, from Waterloo, Iowa, received the prison term after a September 21, 2017, guilty plea to possessing firearms and ammunition as an illegal drug user. At the guilty plea, Lyes admitted he possessed a Glock 9mm pistol, a Mossberg .22 caliber pistol, a Romarm Model Mini Draco 7.62x39mm pistol, and more than 800 rounds of ammunition.
Lyes was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Lyes was sentenced to 46 months’ imprisonment and fined $5,000. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Lyes is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and was investigated 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-2057.
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Pair of Bank Robbers Sentenced for Armed Bank RobberyRead the Press Release
Two men who robbed the Citizens State Bank in Hopkinton, Iowa were sentenced today to more than 10 years’ in federal prison.
Daniel Louis Jackson, age 28, from Yonkers, New York, received the prison term after an October 12, 2017, jury verdict finding him guilty of armed bank robbery, conspiracy to commit armed bank robbery, aiding and abetting the use, carrying, and brandishing of a firearm during a crime of violence, and conspiracy to use, carry, and brandish a firearm during a crime of violence. Jason Centeno, age 22, from Yonkers, New York, received the prison term after a September 14, 2017, guilty plea to armed bank robbery and using, carrying, and brandishing a firearm during a crime of violence.
Evidence at trial showed that Jackson and Centeno moved to Muscatine, Iowa, during the summer of 2016. While in Iowa, they reached an agreement to rob the Citizens State Bank in Hopkinton, Iowa. Prior to the robbery, Jackson obtained a .38 caliber revolver from an individual in Detroit, Michigan. Video evidence admitted at trial obtained from a cell phone showed both men using the firearm prior to the robbery. One video showed Centeno shooting at various residences from the passenger seat of a car driven by Jackson. A second video showed Jackson and Centeno shooting at what appeared to be an abandoned warehouse.
On the morning of October 21, 2016, Jackson and Centeno drove Jackson’s car from Muscatine to Hopkinton. Centeno entered the bank brandishing the firearm, while Jackson carried a knife. Both men jumped over the bank counter and demanded money from the two employees working at the time. While Centeno collected money from one teller at gun point, Jackson forced the other teller to place her hands behind her back and restrained her using zip ties. Jackson and Centeno had purchased the zip ties together the day before at the Wal-Mart in Muscatine. During the robbery, a third bank employee entered the bank. Jackson also ordered him to place his hands behind his bank and secured his hands with zip ties. Jackson and Centeno left the bank, taking more than $8,000, and returned to Muscatine. Jackson and Centeno the fled from Iowa, first to Yonkers, New York, and later to Florida, where they were eventually arrested by the Volusia County Sheriff’s Office.
Jackson and Centeno were sentenced in Cedar Rapids by Chief United States District Court Leonard T. Strand. Jackson was sentenced to 180 months’ imprisonment. A special assessment of $400 was imposed, and he was ordered to make $8,225 in restitution to the Citizens State Bank. Centeno was sentenced to 130 months’ imprisonment. A special assessment of $200 was imposed, and he was ordered to make $8,225 in restitution Citizens State Bank. Both men must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. In imposing these sentences, the court noted the “egregious and violent” nature of the offense.
Jackson and Centeno are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorneys Lisa C. Williams and Jacob Schunk and was investigated by the Iowa Division of Criminal Investigation, the Federal Bureau of Investigation, the Delaware County Sheriff’s Office, the Muscatine County Sheriff’s Office, the Muscatine Police Department, the Manchester Police Department, the Yonkers Police Department, and the Volusia County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-cr-2057.
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Mexican Man Sentenced to Prison for Possession of Fraudulent Identification DocumentsRead the Press Release
A Mexican man who unlawfully possessed fraudulent identification documents was sentenced today to more than two months in federal prison.
Aldair Rodriguez, age 23, a citizen of Mexico unlawfully present in the United States and residing in Albuquerque, New Mexico, received the prison term after a January 3, 2018, guilty plea to unlawful possession of identification documents.
At the guilty plea, Rodriguez admitted he knowingly possessed fraudulent identification cards, specifically a social security card and a permanent resident card. These types of cards are prescribed by law as evidence of authorized stay or employment in the United States. The identification cards bore an alias name and the government-issued numbers on the cards belonged to other persons. The cards were found on October 22, 2017, during a search incident to arrest by the Cedar Falls Police Department on a state criminal charge.
Rodriguez was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Rodriguez was sentenced to 73 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.
Rodriguez 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-2087.
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Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 DefendantsRead the Press Release
Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history. The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly. The cases include criminal, civil, and forfeiture actions across more than 50 federal districts. Of the defendants, 200 were charged criminally. In each case, offenders engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused losses of more than half a billion dollars. The Department coordinated its actions with state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.
Attorney General Sessions was joined in the announcement by FBI Acting Deputy Director David Bowdich; Chief Postal Inspector Guy Cottrell; FTC Acting Chairman Maureen Ohlhausen; and Kansas Attorney General and President of the National Association of Attorneys General Derek Schmidt.
“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions. “Today’s actions send a clear message: we will hold perpetrators of elder fraud schemes accountable wherever they are. When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains. Today is only the beginning. I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”
The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians. A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim. The schemes charged in these cases caused losses to more than a million victims.
In the Northern District of Iowa, these 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/.
Actions against the Mass-mailing Fraud Industry
As part of the initiative, the Department’s Consumer Protection Branch, working with the U.S. Attorney’s Office for the Eastern District of New York and others, brought numerous cases this past week in a coordinated strike against more than 43 mass-mailing fraud operators, including criminal charges against six individuals. In addition, law enforcement agents executed 13 premises search warrants from Las Vegas to south Florida, served numerous asset seizure warrants, and coordinated with the Vancouver Police, who executed over 20 warrants, including search warrants on business premises.
These recently filed cases particularly targeted transnational criminal actors who collectively defrauded at least a million victims out of hundreds of millions of dollars. Indeed, just one of the schemes prosecuted criminally by the Consumer Protection Branch operated from 14 foreign countries to cost American victims more than $30 million.
Mass-mailing fraud inflicts hundreds of millions of dollars in losses to elderly U.S. victims each year. Department prosecutors and U.S. Postal Inspectors have taken a comprehensive approach to combatting this fraud, disrupting and prosecuting individuals who manage the schemes, artists who draft the fraudulent solicitations, list brokers who supply victim lists, and individuals who collect victim payments.
Actions against other elder fraud schemes
Prosecutors across the country have heeded the call to focus resources on elder fraud cases. Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year. Some examples of the elder financial exploitation prosecuted by the Department include:
- “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
- “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.
Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust. The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.
For example, over the last year, 11 people were charged in the Northern District of Iowa for their involvement in a scheme to defraud elderly victims across the country. Of the 11, 10 defendants have plead guilty to participating in the scheme. Each of them 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. The money was being wired to various participants in the fraud who would pick up the wire transfers. Each of the 10 defendants who have plead guilty were participants in and around Dubuque who received wire transfers from the victims. The proceeds of the fraud were then sent via wire transfer to other participants of the scheme often located in the Dominican Republic. During the course of the scheme, approximately $800,000 was stolen from victims. Court file information is at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are 17-CR-1001 and 17-CR-1004.
“Every day, criminals shamelessly prey upon some of the most vulnerable individuals in our society by exploiting their generosity,” said United States Attorney Peter E. Deegan, Jr. “When we can prosecute those responsible for defrauding and stealing from the elderly, we will do so.”
Public Education
The Department has partnered with Senior Corps, a branch of the Corporation for National and Community Service, to educate seniors and prevent further victimization. Senior Corps coordinates a network of senior volunteers, including:
- 245,000 affiliated volunteers,
- 840,000 elderly individuals in need served, and
- 332,100 veterans served.
These volunteers will communicate what law enforcement has learned about elder fraud to potential victims across the country. Senior volunteers will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them.
Coordination with state officials
Kansas Attorney General Schmidt highlighted the cases filed by state Attorneys General targeting elder frauds within in the sweep period, and he emphasized efforts at the state level to combat elder abuse and protect seniors from fraud and exploitation. He encouraged all of the state Attorneys General to devote enforcement and public education resources to preventing financial exploitation of senior citizens.
Coordination with foreign law enforcement
Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative. The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States. The IMMFWG is co-chaired by the U.S. Department of Justice and FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents. Attorney General Sessions expressed gratitude for the outstanding efforts of the working group, including law enforcement action taken as part of the sweep by the Vancouver Police Department in Canada to halt mass mailing schemes that defrauded hundreds of thousands of elderly victims worldwide.
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.
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Honduran Man Sentenced to Prison for Fraudulently Using Someone Else’s Social Security NumberRead the Press Release
A Honduran who illegally used someone else’ social security account number was sentenced today, to more than three months in federal prison.
Maximo Ernesto Torres, age 43, a citizen of Honduras illegally present in the United States and residing in Calmar, Iowa, received the prison term after a December 5, 2017, guilty plea to one count of misuse of a social security number.
At the guilty plea, Torres admitted he illegally used a social security account number not assigned to him for tax purposes. On May 8, 2017, Torres used a fake name and someone else’s social security number to complete federal W-4 tax forms and other employment paperwork in Lawler, Iowa. Torres used the same name and fraudulent identification documents to obtain employment in Lawler in 2012. Torres also used fraudulent identification documents to obtain work in Cedar Rapids, Iowa, in 2008 and 2009. Torres came to the attention of immigration officials in September 2017 after Torres attempted to register a vehicle under the fake name and social security account number.
Torres was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Torres was sentenced to 106 days’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Torres is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2079.
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Dubuque Man Pleads Guilty to Heroin Distribution ChargeRead the Press Release
A Dubuque man who was found by Dubuque police officers in possession of heroin and cocaine on November 17, 2017, pled guilty today in federal court in Cedar Rapids.
Gregory Fugi Anderson, Jr., age 31, from Dubuque, Iowa, was convicted of possession with intent to distribute heroin and cocaine near Orange Park in Dubuque, Iowa.
At the plea hearing, Anderson admitted he was stopped by the police in Dubuque while walking down the street. Anderson agreed to let the police search him. During the search, police found multiple packages of heroin and cocaine in his possession. In a later interview with officers, Anderson admitted that he was going to sell the heroin and cocaine in Dubuque.
United States Attorney, Peter E. Deegan, Jr., said “Heroin and other opioids are killing Iowans are at an alarming rate. Public safety demands that we aggressively pursue those who choose to violate the law by selling these dangerous drugs.”
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Anderson remains in custody of the United States Marshal pending sentencing. Anderson faces a mandatory minimum sentence of 1 year imprisonment and a possible maximum sentence of 60 years’ imprisonment, a $4,000,000 fine, $100 in special assessments, and at least 6 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated by the Dubuque Police Department, Dubuque County Sheriff’s Office, and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-01001-LRR.
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Guatemalan Man Sentenced to Prison Following Two Deportations and Committing Document FraudRead the Press Release
A Guatemalan man who had been deported two times and illegally returned to the United States and then used false identification documents to obtain a job was sentenced today to eight months in federal prison.
Felix Figueroa-Sanchez, age 30, a citizen of Guatemala illegally present in the United States and residing in Wright County, Iowa, received the prison term after an October 26, 2017, guilty plea to one count of unlawful use of identification documents and one count of illegal reentry into the United States after a felony conviction.
At the guilty plea, Figueroa-Sanchez admitted that on December 15, 2016, he used a social security card bearing a fake name when completing employment forms to obtain a job in Eagle Grove, Iowa. The name and social security account number on the card used by Figueroa-Sanchez belonged to a United States citizen. Figueroa-Sanchez also admitted that he illegally returned to the United States after being deported in October 2008 and again in February 2010. Figueroa-Sanchez was also convicted of a felony offense in May 2008 for using a false name and false identification documents to obtain a job in Postville, Iowa. Immigration agents became aware of Figueroa-Sanchez’s illegal return to the United States in August 2017 following Figueroa-Sanchez’s arrest and conviction for assault in Wright County, Iowa, while he falsely was using the name of the United States citizen.
Figueroa-Sanchez was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Figueroa-Sanchez was sentenced to eight months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Figueroa-Sanchez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-3044.
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Cedar Rapids Man Sentenced to Federal Prison for Assaulting a Federal EmployeeRead the Press Release
A Cedar Rapids man who assaulted a federal employee was sentenced on February 15, 2018, to 21-months in federal prison.
Nicholas Stephen Corporon, age 40, from Cedar Rapids, Iowa, received the prison term after an August 28, 2017, guilty plea to assaulting a federal employee. In a plea agreement, Corporon admitted he knowingly and forcibly assaulted a United States Marshal Service Task Force officer when the officer attempted to arrest him. Specifically, Corporon resisted when the officer attempted to place him in handcuffs, and then ran from the officer. Once the officer caught Corporon following a foot chase, Corporon again struggled and resisted being placed in handcuffs. As a result of the struggle, the officer was physically injured.
Corporon was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Corporon was sentenced to 21 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $97,936.42 in restitution to the victim. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Corporon is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by United States Marshal Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-cr-0049.
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Meth Dealer Who Possessed Firearms to Serve 15 Years in Federal PrisonRead the Press Release
A man who possessed methamphetamine with the intent to distribute and who possessed several firearms in furtherance of his drug trafficking crime, including an AR-15 rifle, was sentenced February 12, 2018, to 15 years in federal prison.
Travis Daniel Counsell, 48, from Rockford, Iowa, received the prison term after a July 6, 2017, guilty plea to possession with intent to distribute methamphetamine and possession of firearms in furtherance of a drug trafficking crime.
Information provided by the United States at the sentencing and change of plea hearings showed that on February 7, 2017, law enforcement was called to Mercy Medical Center North Iowa to investigate a subject that presented himself in the emergency room with a gunshot to the foot. Counsell reported he had shot himself in the foot with an AR-15 rifle. Counsell was a convicted felon, and not able to legally possess firearms. A search warrant was obtained for Counsell’s residence. Located during the search warrant was the loaded AR-15, a loaded .45 caliber handgun, and approximately two pounds of high purity methamphetamine. Counsell knowingly possessed the guns in furtherance of the drug trafficking crime.
Counsell was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Counsell was sentenced to 120 months’ imprisonment on the drug count and to 60 months’ imprisonment on the gun count, to be served consecutively. A special assessment of $200 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.
Counsell 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, Cerro Gordo County Sheriff’s Office, and the Division of Narcotics Enforcement (DNE),
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-3015. Follow us on Twitter @USAO_NDIA.
Kanawha Repeat Offender Sentenced to Federal Prison for Cerro Gordo County Meth ConspiracyRead the Press Release
A man who conspired to manufacture methamphetamine was sentenced February 12, 2018, to 15 years in federal prison.
Todd Edward Daniels, 49, from Kanawha, Iowa, received the prison term after an August 9, 2017, guilty plea to conspiracy to manufacture methamphetamine. Daniels was previously convicted of conspiracy to manufacture and distribute methamphetamine in 2005.
At the guilty plea, Daniels admitted his involvement in a conspiracy that manufactured more than 50 grams of actual (pure) methamphetamine between the fall of 2016 and May, 2017. The investigation monitored Daniels’ activities, and purchases of pills containing pseudoephedrine by users/associates of Daniels. Daniels knew the pseudoephedrine pills he and his friends/associates purchased would be used to manufacture methamphetamine. A search warrant at Daniels residence revealed multiple items used in clandestine methamphetamine laboratories.
Daniels was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Daniels was sentenced to 180 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.
Daniels 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 (DNE), the North Central Iowa Narcotics Task Force and the Britt Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-3021. Follow us on Twitter @USAO_NDIA.
Two Men Sentenced to Federal Prison for Meth-Distribution ConspiracyRead the Press Release
Two men have been sentenced to federal prison for their roles in a methamphetamine distribution conspiracy.
Matthew Vance Query, age 34, of Mason City, Iowa, received his prison term after an August 10, 2017, guilty plea; and Ronald William Frank, age 31, of Mason City, Iowa, received his prison term after an August 28, 2017, guilty plea. Query and Frank each pled guilty to conspiracy to distribute methamphetamine.
Query and Frank admitted their involvement in a conspiracy to distribute methamphetamine in northern Iowa and Colorado between 2012 and April 7, 2017. On April 3, 2017, search warrants were executed as part of the investigation into Frank and Query, including a traffic stop, search of Query’s residence, a storage unit and a 2005 Chevrolet Malibu driven by Frank. Located in the vehicle was marijuana, and a container containing 378.9 grams of ice methamphetamine. During the search of Query’s residence, marijuana, scales, packaging materials and cash was located. Stolen property was located at Query’s residence and storage unit. Query was responsible for the distribution of more than 500 grams of actual (pure) methamphetamine. Frank was responsible for the distribution of more than 150 grams of actual (pure) methamphetamine.
Query and Frank were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Query was sentenced to 151 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. Frank was sentenced to 96 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.
Both Query and Frank are 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 17-3026. Follow us on Twitter @USAO_NDIA.
Mexican Woman Sentenced to Prison for Using a Fraudulent Social Security Card to Get a JobRead the Press Release
A Mexican woman who aided and abetted her husband in absconding from justice in Nebraska and assumed a new identity in Iowa was sentenced on February 14, 2018, to three months in federal prison.
Rosa Nevarez-Fallad, age 60, a citizen of Mexico and lawful permanent resident of the United States residing in Fremont, Nebraska, received the prison term after a September 28, 2017, guilty plea to one count of unlawful use of an identification document.
At the guilty plea, Nevarez-Fallad admitted she used a Social Security card knowing that the card was forged or unlawfully obtained. In 2016, Nevarez-Fallad’s husband, Fernando Nevarez-Carreon, faked a heart attack and fled Nebraska to avoid sentencing in federal court for conspiracy to distribute counterfeit documents and aggravated identity theft. In July 2016, Nevarez-Fallad and Nevarez-Carreon both completed employment paperwork in Farley, Iowa, to obtain jobs under false names and used identification cards bearing the names and Social Security Numbers of United States citizens. Nevarez-Carreon avoided apprehension by law enforcement until March 2017, when he was arrested at his place of employment in Farley. Nevarez-Carreon was sentenced to more than six years in prison in the United States District Court for the District of Nebraska in June 2017 and is awaiting sentencing in the Northern District of Iowa for one count of unlawful use of an identification document.
Nevarez-Fallad was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Nevarez-Fallad was sentenced to three months’ imprisonment. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Nevarez-Fallad is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Social Security Administration, Office of Inspector General, and the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1026-LRR.
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Chicago Man Sentenced to Federal Prison for String of Retail TheftsRead the Press Release
A Chicago man who stole more than $36,000 worth of merchandise from various home improvement stores across four states was sentenced on February 14, 2018, to eight months in federal prison.
Paris Lawrence, age 29, from Chicago, Illinois, received the prison term after a September 28, 2017, guilty plea to conspiracy to transport stolen property in interstate commerce.
In a plea agreement, Lawrence admitted that between February 2016 and May 2016, he participated in over 25 thefts from various home improvement stores in Iowa, Illinois, Michigan, Wisconsin, and Indiana. Lawrence and his co-conspirators would enter a store, steal various items, and later return the items for store credit. During the course of the conspiracy, Lawrence stole more than $36,000 worth of merchandise.
Lawrence was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Lawrence was sentenced to eight months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $36,438.33 in restitution to Lowe’s Home Improvement. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Lawrence 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 Ravi T. Narayan and investigated by the Dubuque Police Department. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 16-CR-1020.
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Two Linn County Men Each Sentenced to More than a Decade in Prison for Stealing GunsRead the Press Release
Two men from Linn County, Iowa, who stole guns from two federally licensed firearms dealers in June 2017 were each sentenced on February 13, 2018, to more than ten years in federal prison.
John Gillespie, age 19, from Cedar Rapids, Iowa, received the prison term after an August 31, 2017, guilty plea to two counts of theft from a federal firearms licensee. Jeremy Reynolds, age 18, from Hiawatha, Iowa, received the prison term after September 1, 2017, guilty plea to two counts of theft from a federal firearms licensee.
At their plea hearings, both Gillespie and Reynolds admitted to breaking into America’s Second Amendment Firearms in Cedar Rapids on June 3, 2017, and Midwest Shooting in Hiawatha on June 16, 2017. In total, the two stole 60 guns from the two stores. Law enforcement officers arrested Reynolds near Midwest Shooting shortly after the break in. Officers arrested Gillespie several hours later after locating him in a car containing a duffle bag with multiple guns stolen from Midwest Shooting. After his arrest, Gillespie attempted to discard one of the guns stolen from America’s Second Amendment Firearms in the back of a police car.
Gillespie was sentenced to 131 months’ imprisonment. Reynolds was sentenced to 121 months’ imprisonment. Both Gillespie and Reynolds were ordered to pay a special assessment of $200 and were ordered to make $12,996.96 in restitution to the two businesses. Both most also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Gillespie and Reynolds were each sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.
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.
Gillespie and Reynolds are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Hiawatha Police Department, the Cedar Rapids Police Department, and the Loves Park Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. Gillespie’s case file number is 17-CR-00050 and Reynolds’ case file number is 17-CR-00051.
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Two Cedar Falls Men Charged with Possessing Carfentanil Disguised as Oxycodone Pills with Intent to DistributeRead the Press Release
Cameron James Lensmeyer, age 20, and Evan Paul Sage, age 20, from Cedar Falls, Iowa, have each been charged with one count of possessing with intent to distribute carfentanil, as well as other drugs. Sage has also been charged with possessing a firearm in furtherance of a drug trafficking crime. The charges are contained in an Indictment unsealed on February 9, 2018, in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about June 30, 2017, Lensmeyer possessed with intent to distribute carfentanil and marijuana. It further alleges that, on the same date, Sage possessed with intent to distribute carfentanil, marijuana, and cocaine, and that he possessed a firearm in furtherance of those drug crimes.
Evidence at a detention hearing held on February 13, 2018, showed that, in June 2017, the Tri-County Drug Enforcement Task Force conducted a search of Lensmeyer’s and Sage’s shared Cedar Falls residence. During the search, investigators seized over 800 blue pills that appeared to be prescription oxycodone pills (depicted below), over $20,000 in cash, over 30 grams of cocaine, over 600 grams of marijuana, and a loaded .32 caliber handgun. Later testing determined that the blue pills contained carfentanil. Carfentanil is a powerful narcotic that is 10,000 times more potent than morphine and 100 times more potent than fentanyl. It is not approved for use by humans, but is used as an elephant tranquilizer.
If convicted, Lensmeyer faces a maximum possible sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment. If convicted on all charges, Sage faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $5,250,000 fine, $200 in special assessments, and a lifetime of supervised release following any imprisonment.
Both men appeared on February 9, 2018, in federal court in Cedar Rapids. Trial for both men is set for March 26, 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 investigated by the Tri‑County Drug Enforcement Task Force and is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2004-LRR.
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Illinois Man Sentenced to Three Years’ Prison After Distributing Heroin that Caused Overdose in DubuqueRead the Press Release
A man who distributed heroin to a customer who overdosed was sentenced today to three years in federal prison.
Derrick Devale White, age 25, from Markham, Illinois, received the prison term after an August 9, 2017 guilty plea to possessing with intent to distribute heroin within 1,000 feet of a playground and two schools.
Evidence at sentencing showed that White distributed approximately 1 gram of heroin to a man on July 17, 2017. The man used the heroin and then lost consciousness. The man’s father called 911 and reported that his son was suffering from a heroin overdose, and that he was not breathing well. Emergency responders arrived at the scene and found the man unconscious, with labored breathing. When police officers attempted to move the man, he became responsive and sat up. White admitted in a plea agreement that, the day after the overdose, an undercover officer sent him a text message and ordered another gram of heroin. Shortly thereafter, White arrived at the proposed meeting location, which was within 1,000 feet of a playground, an elementary school, and a middle school. He was arrested in possession of approximately .6 gram of heroin.
White was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. White was sentenced to 36 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 6-year term of supervised release after the prison term. There is no parole in the federal system.
White is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Dubuque Drug Task Force 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-10310LRR.
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Federal Inmate Sentenced to More Than a Year in Prison for EscapeRead the Press Release
A man who escaped from custody at the Gerald Hinzman Center in June 2017 was sentenced on February 12, 2018, to more than a year in federal prison.
Gabriel Mangum, age 41, from Iowa City, Iowa, received the prison term after an August 24, 2017, guilty plea to one count of escape from custody.
At the plea hearing, Mangum admitted that, on June 20, 2017, he was in the custody of the federal government and imprisoned at the Gerald Hinzman Center in Cedar Rapids, Iowa. He further admitted that on that day he left the Gerald Hinzman Center to go to work, but did not return to the Center on that day. Mangum was later arrested by the United States’ Marshal Service on July 12, 2017.
Mangum was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Mangumwas sentenced to 18 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.
Mangum 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 Freeman and investigated by the United States’ Marshal Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-56.
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Army Most Wanted Fugitive Sentenced to More Than 3 Years in Federal Prison for Identity Theft and Misuse of a Social Security NumberRead the Press Release
A man who has been wanted by the Army since the early 1980s was sentenced today to more than 3 years in federal prison.
Daryl Grigsby, age 57, most recently from Dyersville, Iowa, received the prison term after a September 6, 2017, guilty plea to one count of aggravated identity theft and one count of misuse of a Social Security Number.
Information from the sentencing hearing showed that Grigsby was convicted at court-martial of aggravated assault while serving in the Army in the 1980s. Following his conviction and while pending additional criminal charges, Grigsby ran from the Army. He was later convicted of bank robbery in federal court Oregon in the 1990s while using the name “Aaron Davis.” In 2001, Grigsby absconded from federal supervised release. At some point after his bank robbery conviction, Grigsby began using the identity and Social Security Number of another person. He continued to use that identity until his arrest in Iowa last year. Grigsby is still wanted by the Army. He was on the Army’s most wanted list until his arrest in Iowa.
Grigsby was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Grigsby was sentenced to 40 months’ imprisonment. A special assessment of $200 was imposed and he was ordered to make $19,401 in restitution to the Social Security Administration and $46,118.48 in restitution to the State of Iowa. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Grigsby 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 Social Security Administration – Office of the Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1020.
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Mexican Man Sentenced to 112 Days in Prison for Illegally Returning to the United States Following DeportationRead the Press Release
A Mexican man who had previously been deported following state convictions for domestic abuse and false imprisonment was sentenced today to 112 days in federal prison.
Efren Palacios-Ramirez, age 29, a citizen of Mexico who had been living in Polk County, Iowa, received the prison term after a November 16, 2017, guilty plea to one count of illegal reentry of a removed alien after a felony conviction.
At the guilty plea, Palacios-Ramirez admitted he illegally reentered the United States without permission after having been deported from the United States in December 2012. Prior to his deportation, Palacios-Ramirez was convicted in Polk County, Iowa, of theft 5th degree in April 2012, and of domestic abuse and false imprisonment in October 2012. At the time of his arrest in October 2017, Palacios-Ramirez provided law enforcement a false name and his true identity could not be verified until his fingerprints were analyzed by immigration officials.
Palacios-Ramirez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Palacios-Ramirez was sentenced to 112 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.
Palacios-Ramirez is being held in the United States Marshal’s custody until he can be turned over to Immigration and Customs Enforcement.
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-82.
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Honduran Man Sentenced to One Year in Prison for Returning to the United States Following Two DeportationsRead the Press Release
A Honduran man who had previously been deported following a federal conviction for illegal reentry was sentenced today to one year in federal prison.
Geovany Rodriguez-Carrasco, age 38, a citizen of Honduras who had been living in Cedar Rapids, Iowa, received the prison term after a December 1, 2017, guilty plea to one count of illegal reentry of a removed alien after a felony conviction.
At the guilty plea, Rodriguez-Carrasco admitted he illegally reentered the United States without permission after having been last deported from the United States in August 2013. Prior to his deportation, Rodriguez-Carrasco was convicted in July 2013 in the United States District Court for the Northern District of Iowa on one count of illegal reentry of a removed alien, a felony offense. Rodriguez-Carrasco was also deported in 2004 following a misdemeanor conviction in the United States District Court for the Southern District of Texas for illegal entry into the United States.
Rodriguez-Carrasco was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Rodriguez-Carrasco was sentenced to 12 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.
Rodriguez-Carrasco is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-87.
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Cedar Rapids Felon Found Guilty of Possessing Two FirearmsRead the Press Release
A felon who illegally possessed two firearms in October 2016 was convicted by a judge today, following a bench trial in federal court last month in Cedar Rapids.
Christopher Matthew Davies, age 47, from Cedar Rapids, Iowa, was convicted of being a felon in possession of a firearm. The verdict was returned today after about a 40-minute bench trial held on January 11, 2018.
The evidence at the trial showed that on September 8, 2016, the Iowa District Court for Linn County found Davies guilty of forgery and burglary, both felony offenses. On October 25, 2016, after Davies pled guilty to those charges, but before his sentencing hearing, he knowingly possessed two firearms. Specifically, Davies travelled to his mother’s home in Cedar Rapids, retrieved two firearms, and then pawned those firearms for $400. Davies later attempted to retrieve the firearms from the pawnshop, but the pawnshop refused to return the firearms after the Federal Bureau of Investigation’s National Instant Criminal Background Check System instructed the pawnshop to delay, and ultimately deny, any firearms transfer to Davies.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Davies remains in custody of the United States Marshal pending sentencing. Davies faces up to ten years’ imprisonment, a $250,000 fine, a $100 special assessment, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and was investigated by the Bureau of Alcohol, Tobacco, Firearms, 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 17-CR-26-LRR.
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Lake City Farmer Sentenced to More Than a Year in Federal Prison after Pleading Guilty to Three Felony OffensesRead the Press Release
A man who farmed land in north central Iowa and made false statements to a bank and to the Federal Crop Insurance Corporation and committed bankruptcy fraud was sentenced on February 7, 2018, to more than a year in federal prison.
Clint Devries, age 36, from Lake City, Iowa, received the prison term after a September 26, 2017, guilty plea to two counts of making false statements to influence financial institutions and one count of bankruptcy fraud.
In a plea agreement, Devries admitted that, in 2013, 2014, and 2015, he lied to a bank about the amount of crops he had in storage and the value of other property he was using for collateral in order to obtain farm operating loans from the bank. Devries ended up defaulting on more than $400,000 in farm loans he received from the bank. Devries also admitted he lied to the Federal Crop Insurance Corporation from 2012 to 2015. Devries falsely understated the amount of crops he produced each year in order to obtain crop insurance proceeds to which he was not entitled. During those years, defendant received more than $450,000 in crop insurance proceeds than he would have received but for his lies. Finally, Devries admitted that, after filing for bankruptcy in October 2015, he lied to the bankruptcy case trustee regarding having sold some of his crops.
Devries was sentenced in Sioux City by Chief United States District Court Judge Leonard T. Strand. Devries was sentenced to 18 months’ imprisonment.
A special assessment of $300 was imposed, and he was ordered to make $1,190,696.12 in restitution to the victims of his false statements. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Devries was released on the bond previously set and is to surrender to the United States Marsha; on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt. The case was investigated by the United States Department of Agriculture – Office of the Inspector General and the Federal Bureau of Investigation with assistance from the Office of the United States Trustee in the Northern District of Iowa.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 17-cr-3041.
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Greene Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
A man who received child pornography pled guilty on February 6, 2018 in federal court in Cedar Rapids.
David Myers, age 54, from Greene, Iowa, was convicted of one count of receipt of child pornography. At the plea hearing, Myers admitted that, between 2005 and 2014, he used the Internet to receive child pornography. In a plea agreement, Myers admitted that, in 1998, he was convicted of three charges of sexual abuse in the third degree.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Myers was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Myers faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-2077.
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Sioux City Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired with others to distribute methamphetamine was sentenced January 29, 2018, to more than seven years in federal prison.
Daniel Hodges, 35, from Sioux City, Iowa, received the prison term after a September 15, 2017, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Hodges admitted he was involved in a conspiracy that distributed more than a pound of methamphetamine in the Sioux City area from January 2017 through about April 29, 2017. During a traffic stop on April 29, 2017, officers seized over 90 grams of actual (pure) methamphetamine from Hodge’s person.
Hodges was sentenced in Sioux City by United States District Court Chief Leonard T. Strand. Hodges was sentenced to 90 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system.
Hodges 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.
Milford Man with Long Criminal History Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced on January 29, 2018, to 15 years in federal prison.
Justin Stephen Ries, 49, from Milford, Iowa, received the prison term after a September 15, 2017, guilty plea to one count of conspiracy to distribute methamphetamine.
At sentencing and during prior court proceedings, the government presented evidence that on June 12, 2017, law enforcement executed three search warrants and seized a total of 380.5 grams of methamphetamine, 169.76 grams of marijuana, 0.51 grams of fentanyl/heroin, two fentanyl transdermal patches, 29 unused syringes, fifteen shotgun shells, and $24,874.00 in U.S. currency from Ries. Evidence also showed that Ries accumulated 31 criminal convictions during his lifetime, including convictions for felony drug offenses, violent assaults, and driving while intoxicated.
Ries was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Ries was sentenced to 180 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 6-year term of supervised release after the prison term. There is no parole in the federal system.
Ries 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 Ajay J. Alexander and investigated by the Iowa Great Lakes Drug Task Force, specifically the Clay County Sheriff’s Office, the Spencer Police Department, and the Iowa Department of Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4043-LTS.
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Mt. Pleasant, Iowa Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced January 18, 2018, to over 8 years in federal prison.
Richard Helfrich, 34, from Mt. Pleasant, Iowa, received the prison term after a January 19, 2017, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Helfrich admitted his involvement in a conspiracy that distributed at least 5 grams of actual (pure) methamphetamine between January 2016 and July 2016. In May, 2016, law enforcement executed a search warrant at defendant’s residence in Coulter, Iowa, locating methamphetamine and marijuana. Helfrich admitted to selling methamphetamine and owning a lockbox that previously contained methamphetamine.
Helfrich was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Helfrich was sentenced to 100 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Helfrich is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Franklin County Sheriff’s Office, and Butler County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-3046.
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Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man in possession of stolen handguns, who also conspired to distribute methamphetamine was sentenced January 24, 2018, to 12 years in federal prison.
Stephen Scott Smith, 30, from Austin, Texas, received the prison term after a September 7, 2017, guilty plea to conspiracy to distribute methamphetamine.
Smith was involved in a conspiracy that distributed more than 500 grams of methamphetamine from May 2016 through November 23, 2016. On November 23, 2016, after receiving information from a confidential source, Smith was arrested and discovered to possess two stolen Glock handguns. In addition, during a vehicle search, agents discovered Smith possessed a third handgun and approximately 1/4 pound of crystal methamphetamine. Smith was bringing methamphetamine in large quantities from Texas for resale in Sioux City.
Smith was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Smith was sentenced to 144 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Smith 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 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 17-4018. Follow us on Twitter @USAO_NDIA.
Fort Dodge Man Pleads Guilty to Possessing Firearms While Distributing CocaineRead the Press Release
A man who conspired to distribute cocaine and possessed firearms pled guilty January 25, 2018, in federal court in Sioux City.
Jovon Naylor, 27, from Fort Dodge, Iowa, was convicted of conspiring to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, and illegal possession of a firearm.
At the plea hearing, Naylor admitted to conspiring to distribute cocaine in the Fort Dodge area from January through September 2016. Naylor was involved in a number of controlled purchases of cocaine with law enforcement. Naylor also admitted that when he distributed cocaine, he possessed firearms during the drug deals. Drug dealers typically carry firearms for protection of their drugs and drug proceeds. Naylor further admitted to previously being convicted of possession of a firearm by a felon in the Iowa District Court for Webster County on April 13, 2012. Federal law prohibits persons previously convicted of a felony from possessing firearms.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Naylor remains in custody of the United States Marshal pending sentencing. Naylor faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $300 in special assessments, and at least three years of supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Mikala M. Steenholdt and was investigated by the Federal Bureau of Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Fort Dodge Police Department, DCI Criminalistics Laboratory, and the Webster County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-3049. Follow us on Twitter @USAO_NDIA.
Jury Finds Cedar Rapids Man Guilty of Firearms and Narcotics CrimesRead the Press Release
A man who tossed a loaded semi-automatic pistol and a bag of marijuana into a wooded area near the I-380 and Glass Road interchange in Cedar Rapids after a car accident in July 2017 was convicted by a jury today after a three-day trial in federal court in Cedar Rapids.
David Tachay Heard, age 39, from Cedar Rapids, was convicted on all counts, which included possession of a firearm by a felon, possession of a stolen firearm, possession of marijuana with intent to deliver, and possession of a firearm in furtherance of a drug trafficking crime. The verdict was returned this afternoon following about two hours of jury deliberations.
The evidence at trial showed that, on July 30, 2017, Heard ran a red light and crashed into another car at the Glass Road and I-380 Interchange. Heard drove the car to a more secluded spot on Redbud Road and tossed the bag of marijuana and the firearm into the nearby brush. By chance, passerby in a vehicle saw him do so. That passerby called 911. After Heard was arrested, the passerby received calls from a girlfriend of an associate of Heard, telling the passerby that Heard had his name and address.
An investigation revealed that Heard’s cousin purchased the firearm in 2013 from a now-defunct federal firearms licensee in the Cedar Rapids area. Heard’s cousin testified at trial that he did not give Heard permission to use the firearm, because he knew Heard was a felon.
This case is being prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was referred to the United States Attorney’s Office by the Cedar Rapids Police Department.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Heard remains in custody of the United States Marshal pending sentencing. Heard faces up to ten years’ imprisonment on three counts and a mandatory consecutive minimum sentence of 25 years’ imprisonment for possessing a firearm in furtherance of a drug trafficking crime. In sum, Heard is subject to a possible maximum sentence of life imprisonment, a $1,250,000 fine, $400 in special assessments, and nine years of supervised release following any term of imprisonment. Heard’s potential punishment was increased because he is a recidivist offender; he was convicted in the United States District Court for the Northern District of Iowa in 2000 on two counts of possession of a firearm in furtherance of a drug trafficking crime and possession of marijuana with intent to deliver, respectively.
The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and Lyndie M. Freeman and was investigated by the Federal Bureau of Investigation, the Cedar Rapids 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-83-LRR.
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