Northern District of Iowa
Press releases recorded for this federal judicial district.
Drug User Sentenced to Prison for Possessing a FirearmRead the Press Release
An admitted drug user who possessed a weapon was sentenced yesterday to over four years in federal prison.
Elijah Devonn Oshay Morse, age 20, from Cedar Rapids, received the prison term after a June 8, 2015, guilty plea to a one-count Indictment charging him with being an unlawful user of a controlled substance while in possession of a firearm.
At the guilty plea hearing, Morse admitted that, on December 4, 2014, he possessed a loaded .357 handgun. He also admitted that he was a frequent user of marijuana. During sentencing it was revealed that Morse was arrested on December 4 on an outstanding warrant alleging that he fired several shots from the .357 at two individuals standing outside on a porch in Cedar Rapids. He was 19 at the time of this shooting. No one was injured but there were also people inside the residence including children. At the time of his arrest, in addition to possessing the loaded handgun Morse possessed a large sum of money and 13 grams of cocaine.
Morse was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. He was sentenced to 57 months’ imprisonment. 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.
Morse 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 Steve Young and investigated by the FBI Safe Streets Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-00032.
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Midamar and ISA Owners Plead GuiltyRead the Press Release
Jalel Aossey, age 40, and Yahya Nasser Aossey, age 45, both of Cedar Rapids, Iowa, and owners of Midamar Corporation (Midamar) and ISA, Inc., d/b/a “Islamic Services of America” (ISA) pleaded guilty today in United States District Court in Cedar Rapids.
Jalel Aossey, President of Midamar, pleaded guilty to Count 1 of the indictment filed December 5, 2014, charging a conspiracy to commit the following federal offenses: mail and wire fraud; covering up material facts by a scheme; making and using false statements and documents in a matter within the jurisdiction of the Department of Agriculture; making false statements on export certificates with the intent to defraud; and selling misbranded meat in interstate commerce with the intent to defraud.
As part of the factual stipulations submitted in support of the guilty plea, it was established Jalel Aossey knew USDA establishment numbers were falsified on meat products and documents in order to export beef products to Malaysia and Indonesia. He also knew several representations made on the corporate websites of Midamar and ISA were false and fraudulent, including claims that: 1) certain beef products had been “hand-slaughtered by a Muslim slaughterman;” 2) “the use of penetrative captive bolt stunning negates the Halal slaughter process,” despite the fact that meat products sold by Midamar and certified as Halal by ISA had been killed using brain penetrating captive bolt stunning; and 3) Kosher is different than Halal, yet sold Kosher-slaughtered meat as Halal.
As part of the plea agreement Jalel Aossey will be required to resign any position he now holds with Midamar or North American Halal Food Industries (HFP) (another Cedar Rapids business owned by the Aosseys), entities regulated by the United States Department of Agriculture (USDA). Jalel Aossey further agreed to divest himself of any ownership in either business, and to take no part in the operations of either business for a period of five years. Jalel Aossey will be permitted to file an appeal challenging the jurisdiction of district court.
The conspiracy charge is punishable by: (1) up to five years’ imprisonment without the possibility of parole; (2) a fine of up to $250,000 or twice the gross gain or loss resulting from the offense, whichever is greater; (3) a mandatory special assessment of $100; and (4) a term of supervised release of up to three years.
Yahya Aossey pleaded guilty as a responsible corporate officer to two counts of selling, transporting, and offering for sale and transportation in commerce, meat and meat food products that were misbranded at the time of sale or transportation, as alleged in an Information filed yesterday. As part of his plea agreement, prosecution on the conspiracy charge contained in Count 1 of the Indictment will be deferred for a period of five years, subject to compliance with the terms of a pretrial diversion agreement.
The misbranding charges are each punishable by: (1) up to one year imprisonment without the possibility of parole; (2) a fine of up to $100,000; (3) a mandatory special assessment of $25; and (4) a term of supervised release of up to one year.
In addition to the above pleas of guilty, Jalel Aossey, Yahya Aossey, Midamar Corporation, and HFP will be subject to terms and conditions of consent decrees entered into with the USDA. Pursuant to those agreements, each of the parties will be required abide by certain conditions concerning the oversight and management of the food businesses. Any violation of those consent agreements could result in the USDA revoking the operating authority of Midamar or HFP.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Department of Agriculture Office of Inspector General Office of Investigations, and the Internal Revenue Service Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00138-LRR.
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Halal Distributor and Halal Certifier Plead GuiltyRead the Press Release
Midamar Corporation (Midamar), a distributor of Halal foods, and ISA Inc. and Islamic Services of America, Inc., (collectively ISA) a globally recognized Halal certifier, both of Cedar Rapids, Iowa, each pleaded guilty this afternoon in United States District Court in Cedar Rapids to one count of conspiracy to commit the following federal offenses: mail and wire fraud; covering up material facts by a scheme; making and using false statements and documents in a matter within the jurisdiction of the Department of Agriculture; making false statements on export certificates with the intent to defraud; and selling misbranded meat in interstate commerce with the intent to defraud.
Midamar’s guilty plea was entered by its Treasurer and a corporate director, Yahya Nasser Aossey. ISA’s guilty plea was entered by its President, Secretary, registered agent, and corporate director Jalel Aossey.
The conspiracy charge is punishable by: (1) a term of probation of at least one year but not more than five years; (2) a fine of up to $500,000 or twice the gross gain or loss resulting from the offense, whichever is greater; and (3) a mandatory special assessment of $400.
In addition, each business has agreed to the entry of a judgment of forfeiture in the amount of $600,000 as representing proceeds derived from wire fraud.
A sentencing date has not yet been set.
Midamar and ISA’s founder, William B. Aossey, Jr., was convicted by a jury in July on related charges and is currently detained at the Linn County Jail, awaiting sentencing.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Department of Agriculture Office of Inspector General Office of Investigations, and the Internal Revenue Service Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 14-CR-00138-LRR.
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Felon and Domestic Abuser Pleads Guilty to Unlawfully Possessing a FirearmRead the Press Release
A man who unlawfully possessed a loaded handgun in April pled guilty on September 4, 2015, in federal court in Cedar Rapids.
Darius Devon Flowers, age 26, from Cedar Rapids, was convicted of being a felon and domestic abuser in possession of a firearm and ammunition.
At the plea hearing, Flowers admitted that prior to possessing the loaded handgun in April 2015, he had previously been convicted of two felony offenses and two misdemeanor domestic abuse offenses. Public filings allege that on April 22, 2015, Cedar Rapids police were dispatched to a call of a male in possession of a firearm at a residence. A witness at the scene reported Flowers, who appeared to be intoxicated, arrived at her door, showed her the firearm, and told her to call him if she needed him for anything or needed him to “handle anything.” The female called the Cedar Rapids Police Department and provided a description of the vehicle in which Flowers was a passenger. Cedar Rapids Police found the vehicle shortly thereafter, and found the loaded handgun underneath Flowers’s seat.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Flowers remains in custody of the United States Marshal pending sentencing. Flowers faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment.
The case was investigated by the Cedar Rapids Safe Street Task Force. The task force is composed of representatives from the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Immigration and Customs Enforcement; United States Marshals Service; Iowa Division of Criminal Investigation; Cedar Rapids Police Department; Marion Police Department; Sixth Judicial District Department of Correctional Services; Linn County Sheriff’s Office; and Iowa Department of Inspections and Appeals. The case is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are 15-CR-0068-LRR and 15-MJ-00189.
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Eleven Men and Women Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
Donita Urban, 46, and Brian Swartz, 48, from Waterloo, Iowa and Scott Mathews, 51, Daniela Castellanos, 28, Rogelio Avalos-Sanchez, 22, Jennifer Mares-Flores, 20, Miguel Mendoza, a/k/a “Loko,” 23, Alvaro Hernandez, 30, Marcos Perez-Trevino, 45, Francis Gasca, 25, and Alejandro Becerra, a/k/a Juan Flores, 27, from Marshalltown, Iowa, have been charged with one count of conspiracy to distribute methamphetamine. The charges are contained in an Indictment unsealed on September 1, 2015 in United States District Court in Cedar Rapids.
The Indictment alleges that, between the Spring of 2013 and continuing to the present, all individuals conspired to distribute methamphetamine.
If convicted, Urban, Swartz, Hernandez, and Perez-Trevino face a mandatory minimum sentence of ten years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $100 in special assessments, and at least five years of supervised release following any imprisonment. Mathews, Castellanos, Avalos-Sanchez, Mares-Flores, Mendoza, Gasca, and Becerra face a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and at least three years of supervised release following any imprisonment.
Hernandez appeared on September 1, 2015, in federal court in Cedar Rapids and was held without bond. Urban, Swartz, Mares-Flores, and Avalos-Sanchez appeared on September 3, 2015, and were held without bond pending a detention hearing set for September 8, 2015. Trial in this matter is set for November 2, 2015.
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 Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and 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; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 15-2037.
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Waterloo is Awarded a Department of Justice Grant to Combat Drug CrimesRead the Press Release
CEDAR RAPIDS, IOWA—Today the city of Waterloo was awarded an Edward Byrne Memorial Justice Assistance Grant by the United States Department of Justice for fiscal year 2015. The $58,833 grant will be used in a joint effort by the City of Waterloo, Cedar Falls and Black Hawk County to provide continuing support for the Tri-County Drug Enforcement Task Force.
The Task Force is a multi-jurisdictional law enforcement unit responsible for investigating drug related crimes. The funds from this grant will be used to investigative major drug related crimes and support prosecution efforts.
United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated, “This grant supports the common federal, state and local goal of strengthening law enforcement capabilities to investigate targets for the successful prosecution of drug traffickers.”
Currently, the Tri-County Drug Enforcement Task Force has full time investigators from the Waterloo and Cedar Falls Police Departments and the Black Hawk County Sheriff’s Office assigned to it. The Task Force investigates targets and assists in the prosecution of drug traffickers. It also responds to citizens’ complaints and concerns related to drug investigations.
In fiscal year 2014, the Task Force initiated 430 cases and made 173 arrests. It also seized $301,030 in cash and a large amount of illegal drugs with an estimated street value of $2,195,797. It also processed 17 methamphetamine lab sites.
This continued funding will assist in the enforcement against major drug trafficking organizations. The dismantling of these organizations is a priority and has resulted in the disruption of the distribution in the tri-county area of crack cocaine, marijuana, methamphetamine, heroin, hash oil and other illegal narcotics.
The Office of Justice Programs (OJP), which oversees these grants, provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. OJP does not directly carry out law enforcement and justice activities. Instead, OJP works in partnership with the justice community to identify the most pressing crime-related challenges confronting the justice system and provides information, training, coordination, and innovative strategies and approaches for addressing these challenges.
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Reinbeck Man Charged with Receipt and Possession of Child PornographyRead the Press Release
Michael Cottrell, age 43, of Reinbeck, Iowa, has been charged with one count of receipt of child pornography and one count of possession of child pornography. The charges are contained in an Indictment unsealed on August 27, 2015, in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2012 and 2014, Cottrell received and possessed child pornography.
If convicted, Cottrell faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of forty years’ imprisonment, a $500,000 fine, a $200 special assessment, and at least five years and up to life on supervised release following any imprisonment.
Cottrell appeared for a detention hearing on August 31, 2015, in federal court in Cedar Rapids and was released on bond. Cottrell’s next appearance for trial is set for October 26, 2015.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Grundy County Sheriff’s Office, and the Cedar Rapids Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 15-82.
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Justice Department Reaches Agreement with Cedar Rapids, Iowa, to Improve Accessibility of Services and ProgramsRead the Press Release
The Department of Justice announced today an agreement with Cedar Rapids, Iowa, to improve access to all aspects of civic life for people with disabilities in Cedar Rapids. This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), which the Civil Rights Division plays a critical role in enforcing.
Cedar Rapids and the Department of Justice reached an agreement under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the ADA. Under the agreement, the city is required to ensure that people with disabilities can fully take advantage of the city’s services, programs and activities.
“Over the last 25 years, the ADA has required states and local governments to examine their facilities and provide citizens with disabilities the same program access to city services that all other citizens enjoy,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Agreements such as this one will ensure that individuals with disabilities in Cedar Rapids have more access to city services and programs which is essential for them to enjoy their civil right to full participation in American life.”
The agreement with Cedar Rapids will allow people with disabilities, like Catherine Hafsi and Cherie Clark, to access county services, programs and activities. Ms. Hafsi, who uses a walker, encountered problems with the entrance door to the parking pay system in a municipal lot across from the federal courthouse as well as with sidewalks when she visited the Fair Housing Office at the Veteran’s Memorial Building. Similarly, Ms. Clark, who uses a wheelchair and a walker, has encountered several accessibility issues with sidewalks and entrances to city facilities in Cedar Rapids. Experiences like these, however, will become a thing of the past over the next four years thanks to the PCA agreement. More of Ms. Hafsi’s and Ms. Clark’s stories are on the Justice Department blog, where each month of 2015, the department is highlighting how PCA agreements have an impact on the everyday lives of people with disabilities.
Under the agreement, Cedar Rapids will install, repair or replace thousands of sidewalks and curb ramps throughout Cedar Rapids to bring them into compliance with current ADA standards to improve access for persons with disabilities. Cedar Rapids will also ensure that its city parking lots and toilet rooms are accessible to persons with disabilities and enhance accessibility throughout the city’s park system.
This agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The four-year agreement will remain in effect until September 1, 2019. The department will actively monitor compliance with the agreement.
For more information about the ADA, today’s agreement, the Project Civic Access initiative, or the ADA Best Practices Tool Kit for state and local governments, individuals may access the ADA Web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Justice Department Reaches Agreement with Cedar Rapids to Improve Accessibility of Services and ProgramsRead the Press Release
CEDAR RAPIDS, IOWA – The Department of Justice announced today an agreement with Cedar Rapids to improve access to all aspects of civic life for people with disabilities in the city. This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), which the Civil Rights Division plays a critical role in enforcing.
Cedar Rapids and the Department of Justice reached an agreement under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the ADA. Under the agreement, the city is required to ensure that people with disabilities can fully take advantage of the city’s services, programs and activities.
“Today's agreement represents a significant step towards ensuring all members of our community are treated fairly," said Kevin W. Techau, United States Attorney for the Northern District of Iowa. "As our nation celebrates the 25th anniversary of the ADA, I am proud that the city of Cedar Rapids has taken this opportunity to work with the Department of Justice to enhance the lives of all of its citizens.”
“Over the last 25 years, the ADA has required states and local governments to examine their facilities and provide citizens with disabilities the same program access to city services that all other citizens enjoy,” said Principal Deputy Attorney General Vanita Gupta, head of the Civil Rights Division. “Agreements such as this one will ensure that individuals with disabilities in Cedar Rapids have more access to city services and programs which is essential for them to enjoy their civil right to full participation in American life.”
The agreement with Cedar Rapids will allow people with disabilities, like Catherine Hafsi and Cherie Clark, to access county services, programs and activities. Ms. Hafsi, who uses a walker, encountered problems with the entrance door to the parking pay system in a municipal lot across from the federal courthouse as well as with sidewalks when she visited the Fair Housing Office at the Veteran’s Memorial Building. Similarly, Ms. Clark, who uses a wheelchair and a walker, has encountered several accessibility issues with sidewalks and entrances to city facilities. Experiences like these, however, will become a thing of the past over the next four years thanks to the PCA agreement.
Under the agreement, Cedar Rapids will install, repair or replace thousands of sidewalks and curb ramps throughout the city to bring them into compliance with current ADA standards to improve access for persons with disabilities. Cedar Rapids will also ensure that its city parking lots and toilet rooms are accessible to persons with disabilities and enhance accessibility throughout the city’s park system.
This agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The four-year agreement will remain in effect until September 1, 2019. The department will actively monitor compliance with the agreement.
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Cedar Rapids Man Pleads Guilty to Unlawful Possession of a Loaded HandgunRead the Press Release
A man who was found in possession of a loaded handgun pled guilty yesterday in federal court in Cedar Rapids. Treshawn Smith, age 19, from Cedar Rapids, Iowa, was convicted of one count of being an unlawful user of marijuana in possession of a loaded handgun.
In a plea agreement, Smith admitted that he was nearby when Cedar Rapids Police were conducting a traffic stop on July 10, 2015, in the 4000 block of 20th Avenue SW. While conducting the traffic stop officers saw Smith throw an object nearby. The officers recognized it as a weapon and retrieved a loaded .38 caliber handgun. Smith claimed some unknown man had just handed it to him to look at as a possible purchase for $100. Smith admitted he was an unlawful user of marijuana and provided a urine sample that tested positive for marijuana.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Smith remains in custody of the United States Marshal pending sentencing. Smith faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the FBI Safe Streets Task Force and the Cedar Rapids Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-0081.
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Sioux City Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced August 21, 2015, to five years in federal prison.
Chrishirwn West, 27, from Sioux City, Iowa, received the prison term after a May 12, 2015, guilty plea to one count of conspiracy to distribute methamphetamine.
At the guilty plea, West admitted his involvement in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine from October 2014 through December 2014 in the Sioux City area. On October 21, 2014, during an undercover controlled drug transaction, West sold 41.8 grams of actual (pure) methamphetamine to the undercover agent.
West was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. West was sentenced to 60 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system. West is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by 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 is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-4004.
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Ely Man Pleads Guilty to Being an Eight-Time Felon and Unlawful Drug User in Possession of a FirearmRead the Press Release
A man who unlawfully possessed a shotgun pled guilty today in federal court in Cedar Rapids. Matthew Robbins, age 42, from Ely, Iowa, was convicted of one count of being a felon and unlawful drug user in possession of a firearm.
In a plea agreement, Robbins admitted that in 2014 he was an unlawful user of controlled substances, including methamphetamine, and had been convicted of eight felony offenses, namely:
- Conspiracy to Commit Robbery in the Second Degree (Sept. 6, 1991);
- Burglary in the Third Degree (Feb. 10, 1995);
- Dominion and Control of a Firearm as a Felon (Feb. 10, 1995);
- Operating While Intoxicated, Third Offense (Mar. 1, 1995);
- Possession with Intent to Deliver a Controlled Substance (Dec. 4, 1998);
- Operating While Intoxicated, Third Offense (Aug. 29, 2007);
- Attempt to Elude (Aug. 29, 2007); and
- Operating While Intoxicated, Third Offense (April 4, 2013).
Robbins admitted that, in about the Spring of 2014, he took possession of an Iver Johnson, 12 gauge shotgun. The shotgun had been left at Robbin’s residence near Ely, Iowa, located in the Northern District of Iowa, by another person. Robbins later had a friend store the shotgun at the friend’s residence for safekeeping.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Robbins remains in custody of the United States Marshal pending sentencing. Robbins will be sentenced to ten years’ imprisonment, unless he is determined to be an Armed Career Criminal based on his criminal history. If he is an Armed Career Criminal, Robbins will be sentenced to fifteen years’ imprisonment. Robbins also faces a possible maximum fine of $250,000, $100 in special assessments, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and Special Assistant United States Attorney Erin Eldridge. The case was investigated by the Marion Police Department, Linn County Sheriff’s Office, Iowa Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-129-MWB.
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Waterloo Man Convicted of Methamphetamine and Firearm ChargesRead the Press Release
A Waterloo man who conspired to distribute large quantities of methamphetamine and was a felon in possession of a firearm pled guilty yesterday in federal court in Cedar Rapids.
Derrick Plunkett, 37, from Waterloo, Iowa, was convicted of one count of conspiracy to distribute 500 grams or more of methamphetamine with a prior felony drug conviction and one count of possession of a firearm with three or more felony convictions for violent or serious drug crimes.
At the plea hearing, Plunkett admitted that he worked with others to distribute well more than 500 grams of methamphetamine in the Waterloo, Iowa, area between the spring of 2013 and May 2015. Plunkett admitted that on April 7, 2015, he was in possession of a Glock firearm and had previously been convicted of at least three felony offenses, specifically: Robbery-Second Degree and two separate cases of possession with intent to deliver methamphetamine.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Plunkett remains in custody of the United States Marshal pending sentencing. For the drug charge, Plunkett faces a mandatory minimum sentence of 20 years’ imprisonment and the following maximum penalties: (1) not more than life imprisonment without the possibility of parole; (2) a fine of not more than $20,000,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of at least 10 years to life.
For the firearms charge, Plunkett faces a mandatory minimum sentence of 15 years’ imprisonment without the possibility of parole and the following maximum penalties: (1) not more than life imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of not more than 5 years.
The case was prosecuted by Assistant United States Attorneys Patrick J. Reinert and Lisa Williams, and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and 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; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 15-2035.
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Mexican Man Convicted of Using Fraudulent Identification Documents and Fictitious Social Security NumberRead the Press Release
A Mexican man who used fraudulent identification documents and a fictitious Social Security number to obtain employment in the United States was convicted by a jury on August 26, 2015, after a one-day trial in federal court in Cedar Rapids.
Jose Miguel Machorro-Xochicale, age 28, a Mexican living in Lime Springs, Iowa, was convicted of one count of unlawful use of identification documents and one count of misuse of a Social Security account number. The verdict was returned on August 26, 2015, following about four hours of jury deliberations.
The evidence at trial showed that Machorro-Xochicale, a Mexican citizen not lawfully admitted into the United States, used a fraudulent permanent resident card and a fraudulent Social Security card when applying to work in the United States on October 31, 2014. The fraudulent permanent resident card had Machorro-Xochicale’s picture with an identification number assigned to a female from Iran. Machorro-Xochicale represented that the Social Security number belonged to him but in fact it was an invalid number.
Sentencing before Senior United States Circuit Judge Michael J. Melloy will be set after a presentence report is prepared. Machorro-Xochicale remains in custody of the United States Marshal pending sentencing. He faces a possible maximum sentence of 15 years’ imprisonment, a $500,000 fine, $200 in special assessments, and three years of supervised release following any imprisonment.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-2020.
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Iowa Railroad Safety SymposiumRead the Press Release
ANKENY, IOWA –Federal, state and local public safety agencies are meeting today at the Des Moines Area Community College-Ankeny Campus for an all-day Railroad Safety Symposium. The program is providing a national overview of rail transportation issues as well as railroad safety issues specific to Iowa. The first of its kind conference is hosted by Kevin W. Techau, U.S Attorney for the United States Attorney’s Office for the Northern District of Iowa.
Federal and State agencies participating as presenters include United States Attorney’s Office for the Northern District of Iowa, Federal Railroad Administration (FRA), Iowa Homeland Security & Emergency Management, Iowa DOT Office of Rail Transportation, and the Pipeline & Hazardous Materials Safety Administration (PHMSA). The purpose of the Symposium is to bring together members of agencies that work in all aspects of public safety at the federal, state and local level, to better understand and be better prepared to address safety challenges connected to railroad, and hazardous materials railroad transportation. The primary audience attending the meeting is comprised of Iowa law enforcement, Iowa fire fighters and Iowa county emergency management personnel.
Primary topics presented at the symposium include:
- Making clear what agency is responsible for monitoring and regulating railroad traffic in the United States and Iowa. Discussing Federal Railroad Administration’s and other federal/state agency responsibilities specific to railroads and railroad traffic.
- Describing how the Federal Railroad Administration & PHMSA conducts railroad inspections.
- Presenting an overview of prevention initiatives related to railroad derailments, train accidents, rail trespass, and sabotage for rail transportation.
- Detailing emergency preparation and incident management for rail transportation and to include response and recovery and environmental clean-up related to rail incidents.
- Discussing issues around rail trespass, railroad crossing safety, quiet zones and community livability issues.
United States Attorney Kevin W. Techau stated, “Safe and efficient rail transportation is vital to the day-to-day lives of all Iowans. The purpose of the Iowa Railroad Safety Symposium is to bring together federal, state and local level public safety officials to facilitate the best preparation possible for all of the safety challenges connected to railroad transportation and specifically rail hazardous materials transportation.”
“At the Federal Railroad Administration, safety is our number one priority,” said FRA Regional Administrator Steve Fender. “The 2015 Iowa Rail Safety Symposium offers us a great opportunity to underscore FRA's safety message, and we look forward to sharing information about our organization and developing lasting relationships with safety professionals in the State of Iowa.”
Iowa partners also weigh in on the importance and timeliness of the symposium. “With the shipment of hazardous cargo on the rise, it is more important than ever to work closely with all of our stakeholders,” said Iowa Department of Homeland Security and Emergency Management Director Mark Schouten. “Events such as this symposium help us to be better prepared to respond to protect life, safety, property and the environment, and to more quickly recover from any and all hazardous materials incidents.”
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Hawarden Man Sentenced to Thirteen Years for Distributing Child PornographyRead the Press Release
A man who distributed child pornography was sentenced August 19, 2015 to thirteen years in federal prison.
James Ney, age 33, of Hawarden, Iowa, received the sentence after a February 19, 2015 guilty plea to one count of distribution of child pornography. At the guilty plea hearing, Ney admitted that, in 2013, he distributed child pornography to others.
Ney was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ney was sentenced to 156 months’ imprisonment. A special assessment of $100 was imposed, and he must also serve a five-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by Homeland Security Investigations.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-4072.
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Man Sentenced to Time Served for Re-Entering the United States from Guatemala and Use of a False Social Security NumberRead the Press Release
A man who illegally re-entered the country and then used a false social security number to obtain employment was sentenced on August 20, 2015, to time served.
Elmer Gomez-Ordonez, age 36, from Guatemala, received the prison term after a June 25, 2015, guilty plea to one count of illegal re-entry of a removed alien and one count of use of a false social security number.
At the guilty plea, Gomez-Ordonez admitted he illegally re-entered the United States after being deported on March 9, 2012, and that he had used a false social security number to obtain employment in Wright County. In April of 2015, Immigration and Customs Enforcement (ICE) agents learned that Gomez-Ordonez had been arrested and charged with OWI in Wright County, Iowa, on March 20, 2015. Immigration records reflected Gomez-Ordonez was a citizen of Guatemala and had previously been removed from the country in 2012. Agents discovered Gomez-Ordonez was employed in Eagle Grove, Iowa, under a different name. Records obtained at his place of employment reflected he had used a false social security number to obtain employment.
Gomez-Ordonez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Gomez-Ordonez was sentenced to time served. He must serve a 1-year term of supervised release.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Immigration and Customs Enforcement (ICE).
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-3023.
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Man Sentenced to Three Months Prison for Illegally Re-Entering the United States from MexicoRead the Press Release
A man who illegally re-entered the country was sentenced on August 20, 2015, to three months in federal prison.
Jose Colis-Salas, age 28, from Mexico, received the prison term after a June 26, 2015, guilty plea to one count of illegal re-entry of a removed alien.
At the guilty plea, Colis-Salas admitted he illegally re-entered the United States after being deported on April 5, 2013. Colis-Salas came to the attention of Immigration and Customs Enforcement (ICE) officials on April 10, 2015, when he was arrested in Clay County, Iowa for failure to appear on charges of identity theft and tampering with records.
Colis-Salas was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Colis-Salas was sentenced to three months imprisonment. He must serve a 1-year term of supervised release. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Immigration and Customs Enforcement (ICE) and the Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-4040.
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Former USAF Captain Sentenced for Violating Restrictions on Post-Government Employment and Making a False Statement to Federal AuthoritiesRead the Press Release
SIOUX CITY, IOWA - A former Captain in the United States Air Force (USAF) who served in 2010 as a U.S. military contracting officer representative in Afghanistan, was sentenced last Thursday in United States District Court in Sioux City, Iowa, after having earlier pleaded guilty to violating restrictions on post-government employment and making a false statement to law enforcement agents, announced Assistant Attorney General Leslie R. Caldwell of the Criminal Division and U.S. Attorney Kevin W. Techau of the Northern District of Iowa.
Adam J.J. Pudenz, 35, of Carroll, Iowa, was sentenced by Senior United States District Court Judge Mark W. Bennett to serve two concurrent three-year terms of probation. Pudenz pleaded guilty on March 10, 2015, to a two-count criminal information that charged him with willfully violating federal conflict-of-interest laws stemming from his post-government employment with an Afghan clothing manufacturer in Kabul, Afghanistan. In addition, Pudenz pled guilty to making a false statement to federal law enforcement agents.
According to the criminal information, the plea agreement, exhibits, and other documents filed in the case, in 2010, Pudenz, then a USAF Captain, was stationed at Camp Eggers, near Kabul, Afghanistan, where he spent a year overseeing major U.S. government contracts, all held by a single Afghan company, for the provision of clothing and footwear to the Afghan National Security Forces (ANSF). Pudenz also served on a source selection team for another major boot supply contract.
Prior to departing Afghanistan in December 2010, Pudenz began negotiating for future employment with the same Afghan company that held the contracts he administered – a fact he later denied when interviewed by U.S. law enforcement agents. Prior to his discharge in January 2011, Pudenz received from the military a legal opinion that specifically prohibited him from working for the company that held the contracts he administered in Afghanistan. Pudenz immediately disregarded this legal advice and signed an agreement with that company, returning to Afghanistan in March 2011. From then until November 2011, Pudenz repeatedly lobbied U.S. government officials in person and via email on behalf of his Afghan employer. His lobbying efforts were directly tied to the same contracts he administered as a USAF officer the year before, and in many case, Pudenz was lobbying U.S. officials in the same office in which he had worked. In return, Pudenz was scheduled to receive $500,000 per year from his Afghan employer, of which $250,000 was paid up front in March 2011.
To cover his violation of federal law, Pudenz repeatedly told U.S. government contracting officials that he had been given “safe harbor” to represent his Afghan employer, and on several occasions gained entry to U.S. military compounds by lying to guards, telling them he was still in the U.S. military and that he still worked as a U.S. contracting official.
At the sentencing hearing, Pudenz admitted to the court that “without a doubt” he broke the law, and stated “I ignored the [legal] advice when I saw it.” Further, “I should not have engaged on both sides of the contract as the JAG told me.” And, “I should have found a way to take my ego out of this.”
The court found that his series of deceptions was a “substantially” aggravating factor. However, on the whole, given his military service and the letters received from numerous friends and family members, the court found Pudenz was not likely to reoffend and sentenced him to serve terms of probation.
As part of his plea agreement with the United States, Pudenz will forfeit his home in Carroll, Iowa, purchased with his ill-gotten gains. He also will forfeit three Afghan still rugs.
This case was investigated by the Defense Criminal Investigative Service, Air Force Office of Special Investigation, Army Criminal Investigation Command, Special Inspector General for Afghanistan Reconstruction, and the FBI. The case was prosecuted by Trial Attorney Wade Weems of the Criminal Division’s Fraud Section and Assistant United States Attorney Richard L. Murphy of the Northern District of Iowa.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-3008.
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Fort Dodge Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced August 19, 2015, to five years in federal prison.
Jeffery Wear, 51, from Fort Dodge, Iowa, received the prison term after a May 6, 2015, guilty plea to conspiracy to distribute methamphetamine.
At the guilty plea, Wear admitted that from about 2012 through December 2014, he conspired to distribute more than 150 grams of actual (pure) methamphetamine. On December 2, 2014, in Audubon County, Iowa, law enforcement conducted a traffic stop of a vehicle driven by Wear. Law enforcement officers seized approximately ½ pound of methamphetamine from Wear’s vehicle.
Wear was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Wear was sentenced to 60 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system. Wear is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Audubon County Sheriff’s Office, Fort Dodge Police Department, Webster County Sheriff’s Office, and the Iowa Division of Criminal Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-3067.
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Felon in Possession of Firearm Receives Prison TermRead the Press Release
A man who unlawfully possessed a firearm was sentenced August 19, 2015, to nearly four years in federal prison.
Dustin Dimmick, 26, from Tucson, Arizona, received the prison term after an April 23, 2015, guilty plea to felon in possession of a firearm. Dimmick was previously convicted of possession of a controlled substance, a felony, in the Fall River County District Court for South Dakota, on or about April 20, 2012.
At the guilty plea, Dimmick admitted that in 2013, he and others traded and/or bought/sold guns with other persons. On or about December 11, 2013, in Swea City (Kossuth County), Iowa, Dimmick and other persons participated in the burglary of a residence. During this burglary, or shortly thereafter, Dimmick took possession of at least two firearms, two mini dirt bikes and several pool cues. Sometime shortly after December 11, 2013, in Rolfe (Palo Alto County) Iowa, Dimmick sold and/or traded several items of property to another person, including one of the stolen mini bikes, and two stolen firearms, namely, a JGA .22 caliber rifle, Model Karabiner, serial number 520404; and a 9mm Browning handgun, Model Herstal Belgique, serial number 51905.
Dimmick was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Dimmick was sentenced to 46 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. Dimmick is being held in the United States Marshal’s custody until he can be transported to a federal prison.
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 prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Kossuth County Sheriff’s Office, the Palo Alto County Sheriff’s Office, and the Bureau of Alcohol, Tobacco and Firearms (ATF).
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-3041.
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District Court Enters Permanent Injunction Against Iowa Dietary Supplement Company and its Principals to Stop Distribution of Adulterated Dietary SupplementsRead the Press Release
CEDAR RAPIDS, IOWA – The U.S. District Court for the Northern District of Iowa today entered a consent decree of permanent injunction against Iowa Select Herbs LLC, of Cedar Rapids, Iowa, its president and CEO, Gordon L. Freeman, and a partial owner, Lois A. Dotterweich, to prevent the distribution of adulterated dietary supplements, announced Principal Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.
Iowa Select Herbs manufactures and distributes a variety of dietary supplements, consisting primarily of extracts from various plants, including papaya leaf, echinacea, elderberry and nettle leaf. The firm also produces a product called “Cold BeGone,” which purports to be a complex of natural ingredients. The company and its owners marketed their products online and through online marketplace websites, such as eBay Inc., Amazon.com Inc. and buy.com. They also sold their products through a retail location in Cedar Rapids.
The department filed a complaint in the Northern District of Iowa at the request of the U.S. Food and Drug Administration (FDA) alleging that the company’s dietary supplements are manufactured under conditions that are inadequate to ensure the quality of its products. The complaint also alleged that the firm’s dietary supplements qualify as unapproved and misbranded drugs in that they claim to treat or prevent a variety of diseases, including cancer, malaria and heart disease, but have never been submitted to FDA for approval, and have never been found safe and effective for those purposes.
On August 13th, the parties filed a consent decree of permanent injunction by which the defendants agreed to settle the litigation. The consent decree was entered by the court today and requires the defendants to cease all production and distribution of the adulterated, unapproved and misbranded products, and to recall their drugs and dietary supplements. Further, the defendants have agreed to cease the manufacture and distribution of any dietary supplement or drug and will not be allowed to resume such activities without FDA approval.
The government is represented by Trial Attorney Heide L. Herrmann of the Civil Division’s Consumer Protection Branch, with the assistance of Associate Chief Counsel for Enforcement Laura Akowuah of the Department of Health and Human Services’ Office of General Counsel-Food and Drug Division and Assistant U.S. Attorney Jacob Schunk of the Northern District of Iowa.
Court file information at: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CV-00060.
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Domestic Abuser Imprisoned 71 Months for Possessing a Loaded FirearmRead the Press Release
A domestic abuser who possessed a loaded firearm in the Cedar Rapids area last December was sentenced today to 71 months in federal prison.
Anthony Duane Lesain, Jr., age 22, from Cedar Rapids, Iowa, received the prison term after his May 11, 2015, guilty plea to the federal crime of Possession of a Firearm and Ammunition by a Prohibited Person. At the guilty plea hearing, Lesain admitted he knowingly possessed a loaded .22 short caliber revolver. Lesain also admitted to two prior convictions in Iowa state court for Assault Causing Bodily Injury (Domestic Abuse) and Assault Impeding Air Flow (Domestic Abuse).
Lesain was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 71 months’ imprisonment. 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. Lesain 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 FBI’s Safe Streets Task Force and the Cedar Rapids Police Department. Court file information available at: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-0018.
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Nursing Facility Chain Agrees to Repay $415,000 to Resolve Civil Overpayment AllegationsRead the Press Release
Signature Care Centers, LLC, and its seven related nursing facilities – Gowrie Care Center, Lake Park Care Center, Perry Health Care Center, Primghar Rehabilitation and Care Center, Rosewood Manor, Woodlands Rehabilitation Center, and Sutherland Care Center – agreed to pay $415,044.46 to resolve civil allegations that the facility submitted inaccurate cost reports for Medicaid payments for the 2008 and 2010 fiscal years. As part of the investigation, the government did not allege any patient harm or jeopardy to patients’ conditions, and there was no admission of liability or wrongdoing as part of the settlement.
“This agreement signifies both the importance our office places on ensuring that all providers play by the rules and our office’s dedication to ensuring no federal money is misspent,” said Kevin W. Techau, United States Attorney for the Northern District of Iowa. “We appreciate the cooperation we received throughout the investigation and the willingness to resolve our concerns without the needless expense of additional resources.”
The matter was jointly pursued by the United States Attorney’s Office for the Southern and Northern Districts of Iowa. Of the total amount recovered, approximately $231,000 related to conduct associated with facilities in the Southern District of Iowa and the remaining $184,000 related to conduct associated with facilities in the Northern District of Iowa. The districts worked cooperatively during the investigation with Iowa Medicaid Enterprise, Iowa’s Medicaid Fraud Control Unit, and the Iowa Attorney General’s Office.
Dubuque Felon Sent to Prison for 135 Months for Possessing a FirearmRead the Press Release
A convicted felon who possessed a firearm in Dubuque last November was sentenced this week to 135 months in federal prison.
Charles Michael Pledge a/k/a “Tennessee”, age 33, from Dubuque, Iowa, received the prison term after his April 6, 2015, guilty plea to the federal crime of Possession of a Firearm by a Felon. At the guilty plea hearing, Pledge admitted that he knowingly possessed a Hi-Point by Haskell JHP .45 caliber pistol on November 29, 2015. Pledge also admitted to four prior felony convictions in Tennessee state court for aggravated burglary.
Pledge was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 135 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. Pledge 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. Court file information available at: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-01004.
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Members of the Jamal Dean Getaway Team SentencedRead the Press Release
Members of the Jamal Dean Getaway Team (made up of Jamal Dean’s friends, family, and fellow gang members) were sentenced today in federal court for their roles in obstructing a joint state-federal investigation and search for Jamal Dean in April and May of 2013.
Lee Dean, age 55 (Jamal Dean’s father), Kimberly Smith, age 50 (Jamal Dean’s aunt), all of Sioux City, Iowa and Ingmar Hernandez, age 26 (an F-13 gang member), of South Sioux City, Nebraska, received the sentences after guilty pleas to conspiring to defraud the United States by interfering with the federal investigation of and search for Jamal Dean. Steffen Dean, age 53 (Jamal Dean’s cousin) received his sentence after his guilty plea to knowingly making a false statement to a federal law enforcement officer.
Evidence at the Jamal Dean sentencing, and from the change of plea and sentencing hearings of the Getaway Team, revealed the following:
On April 15, 2013, Jamal Dean, Levon Dean (Jamal Dean’s brother and fellow gang member) and Sarah Berg traveled from South Sioux City, Nebraska, to Sioux City, Iowa where they beat and robbed at gun point a small-time drug-dealer, inside a room at a Sioux City motel. They left with the drug-dealer’s car, methamphetamine, cash and other items.
On April 24, 2013, Jamal and Levon Dean again traveled from Nebraska to Iowa and beat and robbed at gun point a larger drug-dealer, inside his Sioux City, Iowa, home, and left with the drug-dealer’s two cars, methamphetamine, cash and other items. After this attack, the assailants retreated to Nebraska taking one of the stolen cars and a female victim against her will with them.
On April 29, 2013, Jamal Dean, in an attempt to escape being arrested for these crimes, fired eight rounds at Sioux City, Iowa, Police Officer Kevin McCormick, striking him once in the head with a bullet. Jamal Dean, with the help of a getaway team, avoided arrest until May 5, 2013, when he was arrested by officers of the Texas Department of Public Safety just 70 miles from Mexico in a car heading south.
Moments after he shot Officer McCormick, Jamal Dean called Ingmar Hernandez (an F-13 gang member) and Lee Dean (Jamal Dean’s father) and requested help.
Lee Dean answered Jamal Dean’s call first. Lee Dean picked up Jamal Dean from the backyard of a home on West Second Street in Sioux City, Iowa, which was approximately four blocks from the scene of the shooting. While Lee Dean and Jamal were in the same vehicle, Lee Dean’s cousin, Steffen Dean, called Lee Dean and told him that Jamal Dean had just committed a serious crime and that Lee Dean should bring Jamal to Steffen Dean’s home, which he shared with Kimberly Smith.
Once at the Dean-Smith residence, Lee Dean, Steffen Dean and Kimberly Smith became fully aware of the fact that Jamal had shot a Sioux City police officer and that Jamal Dean was being sought by Deputy United States Marshals.
Jamal Dean called Ingmar Hernandez and requested a ride to South Sioux City, Nebraska. Ingmar Hernandez asked Monica Rocha-Contreras (a Facebook friend of both Hernandez and Jamal Dean) to help him pick up a “friend” (that is, Jamal Dean) in Sioux City, Iowa. She agreed. At around 10:00 p.m. on April 29, 2013, Ingmar Hernandez and Monica Rocha-Contreras picked up Jamal Dean at Steffen Dean’s, and transported him through Sioux City, Iowa to South Sioux City, Nebraska. Monica Rocha-Contreras dropped Jamal Dean and Ingmar Hernandez off in the area of Ingmar Hernandez’s home. Hernandez and Dean then walked to Ingmar Hernandez’s home, which had already been searched by law enforcement, and Hernandez hid Jamal Dean in the basement overnight. Hernandez also provided methamphetamine to and smoked methamphetamine with Jamal Dean.
On April 30, 2013, Evette Morris-Hernandez (the highest ranking female member of F-13 at the time) and Ingmar Hernandez arranged for the transportation of Jamal Dean from Ingmar Hernandez’s home to Anna Baker’s home on the Winnebago Reservation in Winnebago, Nebraska. Evette Morris-Hernandez and Esteban Hernandez (her husband at the time) transported Jamal Dean to Anna Baker’s home and, together, they hid Jamal Dean at the residence for the next three or four days.
While Jamal Dean hid at Anna Baker’s residence, Anna Baker, Evette Morris-Hernandez, Esteban Hernandez, Ingmar Hernandez, and Jamal Dean discussed the shooting, the joint state and federal investigation, and what Jamal Dean’s next step should be. On or about May 2, 2013, the confederates arranged for the transportation of Jamal Dean from Anna Baker’s home to the Palmer House Motel on Gordon Drive in Sioux City, Iowa. The Palmer House was selected because the conspirators believed that the hotel did not have extensive video surveillance. Evette Morris Hernandez and Esteban Hernandez provided Jamal Dean with an iPod with texting capability for use in keeping touch with other members of the conspiracy.
From about May 3, 2013, to about May 5, 2013, Evette Morris-Hernandez and Esteban Hernandez transported Jamal Dean to Texas. On May 5, 2013, a Texas state trooper stopped a 1999 Dodge Durango sport utility vehicle within 70 miles of Mexico, with Evette Morris-Hernandez, Esteban Hernandez, Jamal Dean, and two children inside the vehicle.
The obstructive conduct continued after Jamal Dean’s capture. Anna Baker, Lee Dean, Steffen Dean, Kimberly Smith, Monica Rocha-Contreras and Evette Morris-Hernandez all made material false statements to federal authorities. Similarly, Anna Baker and Monica Rocha-Contreras deleted the contents of their mobile phones and Esteban Hernandez deleted the contents of an iPod he and Evette Morris-Hernandez had lent Jamal Dean during the conspiracy.
Lee Dean, Steffen Dean, Kimberly Smith, and Ingmar Hernandez, were sentenced today in Sioux City by United States District Court Judge Mark W. Bennett. Lee Dean was sentenced to three years of probation with the condition that he serve fifteen consecutive weekends in jail. A special assessment of $100 was imposed.
Steffen Dean was sentenced to 1 year probation. A special assessment of $100 was imposed.
Kimberly Smith was sentenced to eight months’ imprisonment. She must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Evette Morris Hernandez sentencing hearing was continued and will be set for a later date.
Ingmar Hernandez was sentenced to 33 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.
Esteban Hernandez is scheduled to be sentenced on for September 14, 2015 at 1:30 p.m. in Sioux City by United States District Court Judge Mark W. Bennett.
Anna Baker was sentenced on June 22, 2015 in Sioux City by United States Magistrate Judge Leonard Strand. Anna Baker was sentenced to 4 months’ imprisonment and fined $25. A special assessment of $100 was imposed. She must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Monica Rocha-Contreras was sentenced on a related state offense on March 17, 2015, in Iowa State Court. Monica Rocha-Contreras was sentenced to 15 days in the Woodbury County Jail, fined a suspended fine of $625.00. She must also serve a one-year term of supervised release (with conditions).
“Battling violent crime is a top priority of this office and the Department of Justice,” said Mr. Techau. “These convictions send a firm message to anyone that would help a violent fugitive avoid justice. We will continue to stand shoulder-to-shoulder with our law enforcement partners at the federal, state and local levels to help ensure the safety and security of our communities.”
Chief Doug Young from the Sioux City Police Department said, “This case would not have been successful without the inter-agency cooperation of the United States Marshal’s Service, the Bureau of Alcohol Tobacco and Firearms, the Iowa State Division of Criminal Investigations and Intel Office, and our local city and county law enforcement from Iowa and Nebraska. The Sioux City Police Department would like to especially commend and send our gratitude to the United States Attorney’s Office for undertaking the prosecution of these individuals who harbored and assisted Jamal Dean in his attempted flight from justice. The collaboration and cooperation of all participating agencies is a true testament to the underlying spirit that defines Siouxland.”
Deputy United States Marshal Chad McCormick said, “This case is a perfect example of how cooperation between local, state and federal authorities resulted in the arrest of a serious threat to the public. The prosecution of those who assisted Jamal Dean sends a strong message that if someone assists a fugitive, they are likely to be prosecuted”.
Ingmar Hernandez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted as a part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations; the United States Marshal’s Service; the Iowa Department of Public Safety; the Nebraska Department of Public Safety; the Texas Department of Public Safety, the Iowa Department of Transportation, the Tri-State Drug Task Force, the Woodbury County, Iowa Sheriff’s Office; the Dakota County, Nebraska Sheriff’s Office; the Sioux City, Iowa Police Department, the South Sioux City, Nebraska Police Department; and the Woodbury County Attorney’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-4088.
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Riceville Man Charged with Receipt and PossessionRead the Press Release
Adam Haacke, age 26, of Riceville, Iowa, has been charged with one count of receipt of child pornography and two counts of possession of child pornography. The charges are contained in an Indictment unsealed on August 3, 2015, in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2014 and May 2015, Haacke received and possessed child pornography.
If convicted, Haacke faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of sixty years’ imprisonment, a $750,000 fine, a $300 special assessment, and at least five years and up to life on supervised release following any imprisonment.
Haacke appeared for a detention hearing on June 5, 2015, in federal court in Cedar Rapids and was released on bond. Haacke’s next appearance for trial is set for October 5, 2015.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Hancock County Sheriff’s Office, the Mitchell County Sheriff’s Office, and the Mason City Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 15-2029.
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Local Organized Crime Drug Prosecutor Promoted in Army Reserve to Major GeneralRead the Press Release
CEDAR RAPIDS, IOWA – This week Assistant United States Patrick J. Reinert, 54, from Cedar Rapids, Iowa, was confirmed by the United States Senate to be promoted in the Army Reserve to the rank of Major General.
Later this year after his formal promotion, Major General Reinert will assume command of the 88th Regional Support Command headquartered at Fort McCoy, Wisconsin. The Command provides services and base operations support to all Army Reserve soldiers, families and civilians serving across 19 states in the northern U.S. from the Ohio River Valley to the Pacific Coast.
United States Attorney Kevin Techau stated, “The Department of Justice, and in particular, the Northern District of Iowa United States Attorney's Office, is very proud of General Reinert. Pat is a tremendous individual. This promotion is a great honor for both him and his family. The 1994 Uniformed Services Employment and Reemployment Rights Act (USERRA) is a great way for our country to maximize service to our country through military service.”
In previous military assignments Reinert has deployed twice and has served as a Military Judge, Commander of the U.S. Army Reserve Legal Command, Commanding General of the Rule of Law Field Force, and later the Joint InterAgency Task Force 435, both assignments in Afghanistan.
In his civilian capacity, Reinert is the lead Organized Crime Drug Enforcement Task Force Attorney for the United States Attorney’s Office in Cedar Rapids, and has been with the United States Attorney’s Office for over 25 years.
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Delaware County Dairy Cattle Farmer Pleads Guilty to Illegal Alien HarboringRead the Press Release
A Delaware County, Iowa, man pled guilty today in federal court in Cedar Rapids to one count of harboring, encouraging, and inducing an alien to reside in the United States in violation of law, for the purpose of commercial advantage or personal financial gain.
Michael Thomas Millenkamp, 47, of rural Earlville, Iowa, was convicted of one count of harboring, encouraging, and inducing an alien to reside unlawfully in the United States.
In a plea agreement filed at the time of the plea hearing, Millenkamp admitted that between 2007 and 2011, he employed several illegal aliens at his business, Mike Millenkamp Dairy Cattle, near Earlville. Some of the illegal alien employees were permitted to reside at one or more farms owned by Millenkamp. Millenkamp admitted he told one illegal alien:
“these people I know, they’re my friends, and they’re like, Mike why are you hiring people that are illegal? Why are you hiring people illegal Mike? I said, I don’t know. But I knew I had to lie, I had to lie.”
As part of the plea agreement, Millenkamp is required to engage in ongoing compliance with the employment eligibility verification laws, and to obtain a certification that his animal feeding operations are in compliance with Iowa’s water quality standards. If the environmental assessment indicates deficiencies in Millenkamp’s operations, Millenkamp will be required to remediate those problems.
Millenkamp also agreed as part of his plea agreement to pay a total financial sanction of $250,000 to the United States, and to make at least two public presentations to statewide farm groups to bring awareness to his case.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Millenkamp was released on bond pending sentencing. Millenkamp faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, a $100 in special assessment, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-02031-LRR.
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Child Exploitation, Human Trafficking, Drug Abuse and Working with Crime VictimsRead the Press Release
DUBUQUE, IOWA – Seven United States Attorneys’ Offices joined together in a multi-state conference with the Iowa Organization for Victim Assistance to host a three day conference in Dubuque beginning today. Over 100 victim service professionals and law enforcement officers are participating in the summit, which focuses on “excellence in victim services.”
The Iowa Organization for Victim Assistance (IOVA) was established in 1983 for the purpose of educating Iowans regarding victim rights issues. It is comprised of survivors of crime, witnesses, victim advocates, concerned citizens and related agencies and organizations.
United States Attorney for the Northern District of Iowa, Kevin W. Techau, made opening remarks at the conference. He noted that, “The conference brings in the best and the brightest national speakers who provide cutting edge information and research relating to the best practices for responding to victims of crime.”
During the conference, IOVA kicked-off its new awareness campaign, “Don’t be a bystander, blow the whistle on Crime!” IOVA President Karl Schilling said, “The idea behind this campaign was to encourage people to help one another yet still be safe. Whistles are a great way to protect one’s self and to draw attention to get help.”
The inspiring stories of two victim surveyors highlight the conference during the opening and closing programs.
Keynote speaker Kevin Mulcahy recounted how he survived childhood sexual abuse at the hands of his youth soccer coach. Now, an Assistant United States Attorney working in the Eastern District of Michigan, he prosecutes childexploitation cases. Mulcahy’s personal experience provided a straightforward, firsthand account of the importance and value of the services provided to victims.
The conference will close with another inspiring life story of resilience and redemption. As a child, Derek Clark will detail how he suffered unthinkable child abuse, abandonment, and emotional distress. He was labeled and misdiagnosed as mentally handicapped. Clark will tell how he defied the artificial limitations imposed on him to become a successful businessman and motivational speaker.
Over the two and one half day conference, attendees receive training and information on a variety of continuing and emerging victim issues to equip them to better serve crime victims. Among the scheduled sessions are workshops on assisting drug endangered children; domestic violence; prescription drug abuse; violence against children; human trafficking; working with people in crisis; victim-offender dialogue; and victim compensation.
Those interested in learning more about the Iowa Organization for Victim Assistance can access more information at http://www.iowaiova.com/.
The media was invited to attend the presentation made by the two survivors.
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US Attorney’s Office Taking Part in National Night OutRead the Press Release
CEDAR RAPIDS, IOWA – Tuesday, August 4th United States Attorney Kevin Techau and office staff will join law enforcement and community leaders as part of the annual National Night Out crime and drug prevention campaign.
National Night Out is designed to heighten crime and drug prevention awareness, generate support for and participation in local anti-crime efforts, strengthen neighborhood spirit and police-community partnerships, and send a message to criminals letting them know neighborhoods are organized and fighting back. National Night Out organizers are expecting over 16,000 communities and 37 million people nationwide to take part in community events on Tuesday.
“National Night Out is a perfect opportunity for neighbors to join with their law enforcement and community partners to demonstrate that crime does not rule the night and that criminals have no safe haven when the sun goes down. I look forward to joining my colleagues on Tuesday to help continue to spread the important message that we are all in this together,” said U.S. Attorney Techau.
Assistant United States Attorneys will be joining community leaders and law enforcement across the Northern District of Iowa in Sioux City, Cedar Rapids, and Marion.
To learn more about National Night Out go to: https://natw.org/registration.
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Media Advisory: Child Exploitation, Human Trafficking, Drug Abuse and Working with Crime VictimsRead the Press Release
Dubuque, Iowa – The “Excellence in Victim Services” conference co-sponsored by seven U.S. Attorneys’ Office and the Iowa Organization for Victim Services starts on Wednesday. U.S. Attorney Kevin W. Techau will join the conference and make some opening remarks.
The conference’s keynote speaker is an Assistant U.S. Attorney from Michigan, himself a victim of childhood sexual abuse at the hands of a youth soccer coach. During the plenary session on the last day of the conference, another survivor of childhood abuse will relay his story of resilience and redemption as he overcame severe hardships to become a successful businessman and motivational speaker.
The media is invited to attend the opening and plenary sessions.
Event Details
When: Wednesday - Friday, August 5th – 7th, 2015.
Where: Grand River Center, 500 Bell St, Dubuque, Iowa.
Time: Opening Session & Keynote: August 5th, 10:00 a.m. - Noon;
Plenary Session & Speaker: August 7th, 10:15 – 11:45 a.m.
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Delaware County Man Sentenced for Methamphetamine and Firearms ChargesRead the Press Release
A man who imported pseudoephedrine from Canada to manufacture methamphetamine was sentenced on August 3, 2015, to more than 12 years in federal prison.
Roger Hettinger, age 42, from Manchester, Iowa, received the prison term after a May 19, 2015, guilty plea to importation of pseudoephedrine, possession of illegal silencers and possession of pseudoephedrine with the intent to manufacture methamphetamine.
At the guilty plea, Hettinger admitted he, along with others, obtained pseudoephedrine from local sources and from Canada to use in manufacturing methamphetamine at his residence and elsewhere. Searches of Hettinger’s Manchester home in January 2015 by the Delaware County Sheriff’s Office revealed a methamphetamine manufacturing operation, 19 firearms and four homemade silencers.
Hettinger was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hettinger was sentenced to 150 months’ imprisonment. A special assessment of $300 was imposed, and he must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Hettinger is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the Delaware County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and 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; the Iowa City 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 CR 15-2004.
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Benton County Felon Sentenced for Possessing a FirearmRead the Press Release
A four time felon who made threats by pointing a loaded shotgun at another and then discharging it in that person’s presence was sentenced today to just short of four years in federal prison.
Dennis Lee Kaplan, age 41, from Shellsburg, Iowa, received the prison term after a January 15, 2015, guilty plea to a single count Indictment charging him with being a felon in possession of a firearm.
At the guilty plea, Kaplan admitted that on August 21, 2014, he pointed a loaded shotgun at his girlfriend. He also pointed it at himself then discharged a single shell outside the door of their residence. The court noted the many aggravating risk factors in this case including placing not only himself but others at risk.
Kaplan was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Kaplan was sentenced to 46 months’ imprisonment. 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.
Kaplan 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 Steve Young and investigated by the Vinton Iowa Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14 CR 00125.
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Iowa Falls Man Detained Without BondRead the Press Release
An Iowa Falls man was ordered detained without bond yesterday in federal court in Cedar Rapids, pending further proceedings in his criminal case.
Andre Michael Lafontaine, III, 35, from Iowa Falls, Iowa, was charged in a criminal complaint filed last week in United States District Court in Cedar Rapids, with transmitting in interstate commerce, a threat to injure another person. According to the criminal complaint, Lafontaine left a voice mail message with the Department of Justice in Washington, D.C., expressing his dissatisfaction with the lack of action on previous complaints made by Lafontaine to the FBI and, threatening, that if the complaints were “not satisfied or investigated properly, these judges in Eldora are gonna get their (expletive deleted) throats cut . . .”
At a detention hearing held in Cedar Rapids yesterday, Chief United States Magistrate Judge Jon S. Scoles ordered Lafontaine held without bond pending further proceedings in the case. Judge Scoles was concerned that Lafontaine’s recent statement was not an isolated event. The court cited evidence presented at the hearing showing Lafontaine had previously made statements to a federal court employee that were construed as potentially threatening, and had sent a letter to the FBI expressing concerns about the FBI’s consideration of Lafontaine’s complaints, in which Lafontaine stated, “I feel since nothing has been done about any of these situations for many years now I may have to take a life just to defendant myself, which I no longer will hesitate to do . . .”
Judge Scoles also noted a document seized from Lafontaine’s residence appeared to contain a list of complaints Lafontaine harbored against numerous individuals or organizations, most of whom he alleged had “obstructed justice,” or participated in a “conspiracy” against him. Scoles cited the concerns of family members that Lafontaine was suffering from an apparent mental disorder, and noted it appeared he was becoming more distressed.
The government advised the court it would be requesting the court to order defendant undergo a psychological evaluation at a future date.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Protective Service, the Federal Bureau of Investigation, and the Iowa Falls Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-mj-232.
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Crawford County Woman Pleads Guilty to Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine pled guilty on July 17, 2015, in federal court in Sioux City.
Katja Bails, 37, from Kiron, Iowa, was convicted of conspiring to distribute methamphetamine.
At the plea hearing, Bails admitted that from about 2012 and continuing through November 2014 she was involved in a conspiracy that distributed more than 5,000 grams of actual (pure) methamphetamine. Bails traveled periodically from the Denison, Iowa, area to Omaha, Nebraska to obtain large quantities of methamphetamine which she then distributed in the Denison, Iowa and Ida Grove, Iowa areas.
Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Bails will remain in custody pending sentencing. Bails faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, $100 in special assessments, and at least five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Ida County Sheriff’s Office, Denison Police Department, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-4086.
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Canadian Man Guilty of Marijuana Importation ConspiracyRead the Press Release
A Canadian man who was involved in a large marijuana smuggling conspiracy pled guilty on July 27, 2015, in federal court in Cedar Rapids.
Jason Boyachek, age 42 from British Columbia, Canada, was convicted of conspiracy to distribute 1000 kilograms or more of marijuana from 2005 through May of 2007.
At the plea hearing, Boyachek admitted his participation in the marijuana smuggling conspiracy, which involved smuggling marijuana from Canada to various locations in the United States and then transporting large quantities of currency back to Canada. On May 14, 2007, Customs and Border Patrol seized 600 pounds of marijuana hidden in a truck as it entered the United States near Pembina, North Dakota. This shipment was destined for a rural location in Delaware County, Iowa. Over the course of the investigation law enforcement officers were able to seize over $1.2 million in drug proceeds. Boyachek was subsequently arrested in Canada on September 12, 2011, and extradited to the United States on March 26, 2015.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Boyachek remains in custody of the United States Marshal pending sentencing. Boyachek faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $4,000,000 fine, $100 in special assessments, and 5 years of supervised release following any imprisonment.
The case was prosecuted by Assistant United States Attorney Patrick and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of The Department of Homeland Security, Homeland Security Investigations, Customs and Border Patrol and 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; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 09-2027.
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Cedar Rapids Felon Sent to Prison for 100 Months for Possessing Firearms and AmmunitionRead the Press Release
A convicted felon who possessed a firearm and ammunition in Cedar Rapids earlier this year was sentenced yesterday to 100 months in federal prison.
Michael Ray Davis, age 26, from Cedar Rapids, Iowa, received the prison term after his April 24, 2015, guilty pleas to three federal firearms crimes. The crimes included Possession of a Firearm and Ammunition by a Felon; Unlawful Possession of a National Firearms Act Firearm; and Possession of a Firearm by a Felon.
At the guilty plea hearing, Davis admitted that he knowingly possessed a Beretta .40 caliber handgun and Winchester .40 caliber ammunition on January 4, 2015. Davis also admitted he knowingly possessed a modified Fabarm 12-gauge pump weapon on February 5, 2015, and such weapon was not registered to him in the National Firearms Registration and Transfer Record. Davis also admitted to a prior felony conviction in state court for criminal mischief in the second degree.
Davis was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade to 100 months’ imprisonment. A special assessment of $300 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. Davis 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 FBI’s Safe Streets Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Cedar Rapids Police Department. Court file information available: https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-0019.
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Webster City Woman Pleads Guilty to Social Security FraudRead the Press Release
A woman who committed Social Security Fraud for approximately five years pled guilty today in federal court in Sioux City.
Karlotta Venegas, 44, from Webster City, Iowa, was convicted of one count of Supplemental Security Income Benefits Fraud.
In a plea agreement, Venegas admitted that, between August 2008 and September 2013, she hid the fact that she had been outside the United States for more than thirty days on eight separate occasions from the Social Security Administration in order to continue to receive Supplemental Security Income benefits. Venegas admitted she failed to tell the Social Security Administration about these trips in order to continue to receive them. She would not have been entitled to benefits during the time she was outside the United States if the Social Security Administration knew she was outside the United States for over thirty days at a time. During this period of time, Venegas received over $23,000 in benefits to which she was not entitled.
Sentencing before United States District Court Judge Mark Bennett will be set after a presentence report is prepared. Venegas remains free on conditions of release previously set. Venegas faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Social Security Administration Office of the Inspector General.
Court file information is available at https://ecf.iand.uscourts.gov/. The case file number is 15-CR-3018.
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Midamar Founder Ordered Held Without Bond Pending SentencingRead the Press Release
Chief United States District Court Judge Linda R. Reade, today issued an written order directing that William B. Aossey, Jr., 73, of Cedar Rapids, Iowa, be detained without bond pending sentencing in United States District Court in Cedar Rapids, Iowa.
Aossey, the founder of Midamar Corporation and Islamic Services of America, both of Cedar Rapids, was convicted by a federal jury on July 13, 2015, of 15 counts of conspiracy, making false statements on export certificates, and wire fraud. Following a detention hearing on that same date, the Court ordered Aossey held without bond pending further order of Court.
In the written order filed today, the Court found Aossey “must remain detained pending sentencing because he has not established by clear and convincing evidence that he is not likely to flee if released under suitable conditions.” The Court also noted,
While on pretrial release Defendant has not earned the trust of the court. Defendant violated the terms of his pretrial release by failing to notify his probation officer of contact with law enforcement, even though the terms of his supervision were discussed with him when he was first released. His ties to the illegal firearms shipments to Lebanon remain under investigation.
A sentencing date has not yet been set.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Department of Agriculture Office of Inspector General, and the Internal Revenue Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00116-LRR.
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Armed Career Criminal Pleads Guilty and is DetainedRead the Press Release
Robert M. Hertz, age 51, of 2418 Catskill Street SW, Cedar Rapids, Iowa, pleaded guilty today to one count of possessing a firearm and ammunition as a felon.
In an indictment filed June 11, 2015, Hertz was charged with possessing a .40 caliber rifle and 237 rounds of ammunition on May 12, 2015, after he had previously been convicted of three violent felonies or serious drug offenses, namely, Arson, Second Degree Burglary, and Manufacturing Methamphetamine.
Today, Hertz pled guilty to the charge in United States District Court in Cedar Rapids. Hertz admitted he had been previously convicted of the three felonies identified in the indictment. Hertz thus faces a mandatory minimum sentence of fifteen years’ imprisonment, plus a fine of up to $250,000, and a term of supervised release of up to five years.
After Hertz pleaded guilty, he was ordered detained without bond. Chief Magistrate Judge Jon Scoles found there was evidence Hertz had attempted to obstruct justice while on pretrial release.
A sentencing date has not been set.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations; Alcohol, Tobacco and Firearms; and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-00053.
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Two Men Sentenced for Clean Air and Clean Water Act ViolationsRead the Press Release
SIOUX CITY, IOWA – An Iowan and a Nebraskan will each serve prison time for violating provisions of the Clean Air Act and Clean Water Act.
Clean Water Act Violation
Michael J. Wolf, age 58, from Remsen, Iowa, received a sentence including six weekends in prison after a December 16, 2014, guilty plea to one count of knowingly discharging a pollutant into a waterway of the United States. The discharge resulted in a fish kill. At the plea and sentencing hearings, the United States presented evidence that on October 23 and 24, 2012, Wolf, while he was the maintenance manager at Sioux-Preme Packing, intentionally discharged biological materials and agricultural wastes (e.g., blood, fecal material, animal guts, cleaning chemicals, etc.) from one of Sioux-Preme’s waste lagoons into a tributary of the West Branch of the Floyd River.
The discharge lasted more than 11 hours. It fouled over 11 miles of river, downstream from the lagoon. It killed over 190,058 fish of various species (with a value of $20,282.94) and caused the State of Iowa to expend more than $5,000 in response costs. One witness to the fish kill described watching fish jumping out of the water and racing around to avoid the deadly plume. Wolf lied to members of the Iowa Department of Natural Resources’ Emergency Response team attempting to ameliorate the effects of the spill. This delay likely worsened the effects of the spill.
Clean Air Act Violation
Larry Wolf, age 54, from Dakota City, Nebraska, received a sentence including a year and a day in prison after a December 17, 2014, guilty plea to one count of knowingly violating the work practice standards of the Clean Air Act by failing to thoroughly inspect the old -more-Sioux City YMCA to ascertain the amount of asbestos, and whether that amount was sufficient to subject the demolition project to regulation.
At the plea and sentencing hearings, the United States presented evidence that Wolf knew the building contained asbestos and regulated asbestos-containing material and that he had even received an asbestos abatement estimate for the building.
Despite knowing the old YMCA building contained asbestos, defendant directed friends, family, and others to, disturb, renovate, remove, and dispose the asbestos and regulated asbestos-containing material and help him personally do so. Defendant took at least 19,514 pounds of scrap metal from the old YMCA and was paid at least $30,477.54 from one particular scrap yard for it. Defendant boasted he had made $80,000.00 or more from the old YMCA in this way. When defendant was questioned by Special Agents of the United States Environmental Protection Agency, he lied telling them he had only removed naked materials from the facility.
United States Attorney Kevin W. Techau commented: “Environmental crimes that involve polluting air and Iowa’s water are serious matters. These cases show that violations of our environmental laws are taken very seriously because they impact our communities both now and in years to come. These sentences show that if you commit environmental crimes you will be prosecuted. I offer my congratulations to all of our partners in these cases.”
Sentencing
Michael J. Wolf was sentenced in Sioux City by United States District Court Judge Mark W. Bennett for his violation of the Clean Water Act. He was sentenced to six weekends of imprisonment and a one-year term of probation. A special assessment of $100 was imposed.
Larry Wolf was sentenced in Sioux City by United States District Court Judge Mark W. Bennett for his violation of the Clean Air Act. He was sentenced to 12 months and one day imprisonment and a two-year term of supervised release following his imprisonment. A special assessment of $100 was imposed.
Michael J. Wolf and Larry Wolf are not related.
These two cases were investigated by the United States Environmental Protection Agency and the Iowa Department of Natural Resources and were prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information is available at https://ecf.iand.uscourts.gov. The case file numbers are CR14-4091 (Michal J. Wolf), and CR14-4055 (Larry Wolf).
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ADA 25th Anniversary: Advancing Equal Access!Read the Press Release
CEDAR RAPIDS, IOWA – On July 26th the nation recognizes the 25th anniversary of the landmark legislation known as the Americans with Disabilities Act (ADA). With this legislation, the nation committed itself to eliminating discrimination against people with disabilities. The United States Department of Justice’s Civil Rights Division plays a critical role in enforcing the ADA, working towards a future in which all the doors are open to equality of opportunity, full participation, independent living, integration and economic self-sufficiency for persons with disabilities.
The ADA sets four goals for people with disabilities:
1. Equal opportunity;
2. Full participation;
3. Independent living; and
4. Economic self-sufficiency.
The ADA’s purpose is simple. The ADA is about securing for people with disabilities the most fundamental of rights—the right to live in the world. It ensures they can go places and do things that other Americans take for granted.
The United States Attorney’s Office for the Northern District of Iowa also plays a vital role in enforcing the ADA and ensuring equal access to all. The office declared its unwavering enforcement of the legislative mandates during a press event held in front of the federal courthouse, surrounded by various non- governmental agency and organization representatives active in support of those persons with disabilities. United States Attorney Kevin W. Techau stated, “The purpose of the event is to celebrate the ADA by discussing how this legislation helped people with disabilities fulfill the American vision of equal opportunity for all.”
Techau recognized the significance of the ADA and its many milestones since its passage in 1990, but noted that compliance is something that must be enforced every day. Toward that end, he announced his office has launched a review of select businesses to determine ADA compliance. Techau stated, “It’s been a quarter of a decade since the passage of this legislation and no public accommodation should have an excuse for noncompliance.”
Questionnaires have been sent to 50 establishments that are expected to timely report on their ADA compliance. From this number several will be selected for an on-sight inspection conducted by trained inspectors familiar with ADA requirements.
As part of the review, restaurant owners and operators are being asked to complete a Survey Form, supplied by the Government, indicating their restaurant's accessibility. Investigators may then conduct on-site inspections to confirm survey responses and to evaluate compliance with federal ADA regulations. Owners and operators of restaurants found to be non-compliant will have the option of entering into a Voluntary Compliance Agreement with the Government whereby they voluntarily agree to upgrade their facilities to meet ADA requirements. Owners and operators found to be engaging in a pattern or practice of discrimination, or that fail to enter Voluntary Compliance Agreements, may face a civil lawsuit brought by the Government and/or be subject to penalties, including monetary damages and civil fines.
Techau stressed, “ADA enforcement is a top priority for our office. We will continue to investigate and bring appropriate enforcement actions when people fail to obey the requirements of the ADA law. No one should be unfairly deprived of the opportunity to enjoy a meal out. We will take all reasonable legal steps to make sure they have equal access. It is our expectation that any restaurants found to be seriously deficient will voluntarily upgrade their facilities and avoid litigation. We also hope that proprietors who are today planning renovations of new restaurants will keep the ADA firmly in mind before finalizing those plans, when it is much less costly to do so.”
The compliance review was initiated in June by seeking information and assistance from organizations that might be able to identifying entities with accessibility concerns. The request for information was broad and sought information on any non-complying business generally open to the public. Inputs from these organizations, as well as analysis from the responses to the 50 ADA questionnaires, will guide the U.S. Attorney’s Office in deciding where to focus its attention.
The findings from the on-site inspections determine what action, if any, might be necessary to ensure compliance. For a first time violation under Title III of the ADA the monetary penalties are up to $75,000; for a subsequent violation the maximum monetary penalty is $150,000.
If you or someone you know has been a victim of discrimination under the ADA, please contact the U.S. Attorney’s Office at the address below. You may also email a photograph depicting what you believe represents restricted accessibility (please identify the business and its address):
United States Attorney’s Office
Civil Rights Unit – Civil Division
111-Seventh Avenue SE, Box 1
Cedar Rapids, IA 52401‑2101
A complaint form can be found at - http://www.ada.gov/complaint/
Complaints can be emailed to: [email protected]
Fax: 319-363-1990
TTY: 319-286-9258
ADA Phone: 319-363-0534Follow us on Twitter @USAO_NDIA.
Two Mason City 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 Mason City area methamphetamine distribution conspiracy.
Shawn Benedict Zimmerman, age 42, of Clear Lake, Iowa, received his prison term after an April 20, 2015, guilty plea and Shane Lester McRoberts, age 28, of Nora Springs, Iowa, received his prison term after an April 16, 2015, guilty plea. Zimmerman and McRoberts each pled guilty to conspiracy to distribute methamphetamine.
Information provided by the United States at the sentencing and change of plea hearings revealed that, during the conspiracy between June 2014 and December 2014, Zimmerman supplied methamphetamine to McRoberts, who sold methamphetamine for him. Zimmerman controlled the operation. McRoberts was selling methamphetamine sourced by Zimmerman. During his involvement in the conspiracy McRoberts distributed more than 5 grams of pure methamphetamine.
Zimmerman and McRoberts, were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Zimmerman was sentenced to 188 months’ imprisonment and McRoberts was sentenced to 45 months’ imprisonment. Zimmerman and McRoberts must also serve a 5-year term of supervised release after the prison term. Zimmerman and McRoberts were each ordered to pay a $100 special assessment. There is no parole in the federal system.
Both are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.giv/cgi-bin/login.pl.
The case file number is 15-3011.
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New Hampshire Man Sentenced to Prison for Conspiracy to File False Tax Returns in Connection to a Fraud Against a Dubuque College BookstoreRead the Press Release
On Thursday, July 16, 2015, a New Hampshire man who filed false tax returns was sentenced to a year in federal Prison.
Thomas DeFelice, age 37, was sentenced to 12 months in prison in federal court in Cedar Rapids. His case was connected to that of James Spaulding, age 35, from Longmont, Colorado, who was previously convicted of one count of mail fraud and two counts of filing false tax returns, and sentenced to 57 months in federal prison.
In plea agreements, Spaulding and DeFelice admitted Spaulding was the director of the Clarke University Bookstore between 2011 and 2012. Spaulding and DeFelice created a fictitious corporation called RVP Wholesale Books (“RVP”), then caused RVP to issue false invoices to Clarke University purporting to show that RVP supplied the Clarke University bookstore with books. In truth, RVP never supplied the Clarke University bookstore with any books. Spaulding and DeFelice split the proceeds of the fraud, totaling more than $302,000.00. Spaulding convinced DeFelice that there were, in fact, books purchased through RVP and delivered to Clarke University. DeFelice agreed with Spaulding, however, to falsely inflate the purported cost of goods sold so as to fraudulently decrease RVP’s and their personal tax liabilities. Spaulding and DeFelice therefore filed false tax returns for 2011 and 2012 in which they failed to disclose the illegal proceeds obtained from the fraud. Spaulding later lied to a federal grand jury in Cedar Rapids, Iowa, by falsely claiming RVP supplied the Clarke University bookstore with books.
DeFelice was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. DeFelice was sentenced to 12 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to pay all taxes and penalties owed in connection with the false tax returns. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. DeFelice was permitted to self-surrender to a federal prison at a later date.
The cases were prosecuted by Assistant United States Attorney C.J. Williams and were investigated by the Dubuque Police Department and the Internal Revenue Service Criminal Investigation Division.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are 14-CR-1022-LRR for Spaulding and 15-CR-1005-LRR for DeFelice.
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Minnesota Woman and Iowa Man to Federal Prison for Iowa Meth ConspiracyRead the Press Release
A Minnesota woman and an Iowa man who conspired to distribute methamphetamine were sentenced to four and eleven years respectively in federal prison.
Jillian Preston, 36, from Herron Lake, Minnesota, received the prison term on July 9, 2015, after an April 17, 2015, guilty plea to conspiracy to distribute methamphetamine. Todd Daugherty, 52, from Spencer, Iowa, received the prison term on May 26, 2015, after a February 19, 2015, guilty plea to conspiracy to distribute methamphetamine.
At their guilty pleas, Preston and Daugherty each admitted that from 2013 through May 2014 they were involved in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine in the Spencer (Lakes), Iowa area. Preston obtained ¼ to ½ pound quantities from sources in Minnesota for distribution in Iowa. Daugherty obtained one ounce to ¼ pound quantities from Preston for further redistribution in Iowa. And four ounces of methamphetamine was seized from Daugherty (after he had received it from Preston) in a Minnesota traffic stop.
Preston and Daugherty were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Preston was sentenced to 48 months’ imprisonment. Daugherty was sentenced to 132 months’ imprisonment. Each must pay a special assessment of $100 and each must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Preston and Daugherty are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Clay County Sheriff’s Office, Iowa Great Lakes Drug Task Force, Minnesota Bureau of Criminal Apprehension, Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigation, and the Minnesota State Patrol.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-4096 and CR14-4067.
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Man Previously Convicted of Drug Felony Sentenced for Methamphetamine ChargesRead the Press Release
A man who possessed with the intent to distribute methamphetamine was sentenced July 15, 2015, to 18 years in federal prison.
Kirk Anthony Bennett, age 43, from Charles City, Iowa, received the prison term after a January 16, 2015, guilty plea to possession with intent to distribute methamphetamine. Bennett was previously convicted of possession of a controlled substance in 2011.
At the guilty plea, Bennett admitted on September 2, 2014, he was in possession of ice methamphetamine which he intended to distribute. Bennett was found in possession of 123.11 grams of ice methamphetamine when a search warrant was executed after a controlled package delivery of ice methamphetamine was served at his residence.
Bennett was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Bennett was sentenced to 216 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.
Bennett 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, Mason City Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-3053.
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Five People Sentenced to Federal Prison for Meth-Distribution ConspiracyRead the Press Release
Five men have been sentenced to federal prison for their roles in a methamphetamine distribution conspiracy.
Billy Lee Jaime Huerta, age 31, of Mason City, Iowa, received his prison term after a December 10, 2014, guilty plea; David Luiz Lee Huerta, age 27, of Mason City, Iowa, received her prison term after a March 25, 2015, guilty plea, Steven Andrew Davis, age 32, of Stockton, California, received his prison term after a January 26, 2015, guilty plea, Michael Angelo Sanchez Moreno, age 25, of Stockton, California, received his prison term after a December 3, 2014, guilty plea, and Francisco Mora-Martinez, age 29, of Stockton, California, received his prison term after a February 2, 2015, guilty plea. Billy Huerta, David Huerta, Davis, Moreno, and Mora-Martinez each pled guilty to conspiracy to distribute methamphetamine. David Huerta and Steven Davis each also pled to Distributing a Controlled Substance. Billy Huerta was previously convicted of a felony drug offense in Cerro Gordo County, on July 7, 2008.
Information provided by the United States at the sentencing’s and change of plea hearings show the defendants were involved in a conspiracy in which David Huerta and Steven Davis were bringing from California and/or mailing pound quantities of methamphetamine to the Mason City area and along with Billy Huerta and Michael Moreno reselling it to others. During his involvement in the conspiracy, Francisco Mora-Martinez was responsible for facilitating the distribution of more than 150 grams of pure methamphetamine. The conspiracy lasted from August 2010 to October 2014, in the Mason City and Clear Lake, Iowa area.
Billy Huerta, David Huerta, Davis, Mora-Martinez, and Moreno, were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Billy Huerta was sentenced to 240 months’ imprisonment, David Huerta was sentenced to 135 months’ imprisonment, Davis was sentenced to 121 months’ imprisonment, and Mora-Martinez and Moreno were each sentenced to 120 months’ imprisonment. Billy Huerta must serve a 10-year term of supervised release after the prison term. David Huerta, Davis, Mora-Martinez, and Moreno must each serve a 5-year term of supervised release after prison. David Huerta, Steven Davis, and Michael Moreno, were each ordered to pay a $200 special assessment. Billy Huerta and Mora-Martinez were each ordered to pay a $100 special assessment. There is no parole in the federal system.
All five 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 Jack Lammers and investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Clear Lake Police Department, and Iowa Division of Narcotics Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 14-3054.
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Media Advisory: ADA 25th Anniversary Commemorative EventRead the Press Release
Cedar Rapids, Iowa – The United States Attorney’s Office for the Northern District of Iowa will join representatives from area disability rights groups to celebrate the 25th anniversary of the signing of the American with Disabilities Rights legislation. The purpose of the event is to highlight how this law has helped people with disabilities fulfill the American vision of equal opportunity for all. The historical significance of the ADA, as well as how the U.S. Attorney’s Office pursues its mission to protect the rights of persons with disabilities through enforcement, will be highlighted.
Event Details
When: Monday, July 20, 2015
Where: United States Federal Courthouse, 111 7th Ave. S.E., Cedar Rapids, IA (outside the front entrance)
Time: 10:00 a.m.
Program
A press release and interview opportunities will be available at the end of the celebratory event.
Illegal Alien with Prior Convictions Sentenced to Sixteen Months in PrisonRead the Press Release
A man who illegally re-entered the United States after being deported was sentenced July 14, 2015, to 16 months in federal prison.
Jose Alejandro Vasquez-Pacheco, age 33, an illegal alien from Mexico living in Mount Vernon, Iowa, received the prison term after an April 23, 2015, guilty plea to one count of illegally reentering the United States after having been deported following a felony conviction.
The evidence showed that Vasquez-Pacheco was convicted of operating a motor vehicle while intoxicated in 2003, and twice in 2007. He violated the terms of his state probation and a warrant was issued for his arrest in 2008. Vasquez- Pacheco was deported to Mexico on August 8, 2009, and again on August 13, 2009. He again illegally re-entered the United States in August 2010. On March 17, 2015, Vasquez-Pacheco was arrested by immigration officers in Mount Vernon, Iowa.
Vasquez-Pacheco was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. He was sentenced to sixteen months’ imprisonment. 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.
Vasquez-Pacheco 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 Homeland Security Investigations and Immigration and Customs Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-0029.
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