Northern District of Iowa
Press releases recorded for this federal judicial district.
Cedar Rapids Businesses and Corporate Officers IndicatedRead the Press Release
Midamar Corporation and Islamic Services of America, of Cedar Rapids, Iowa, and corporate officers of the businesses, Jalel Aossey, age 40, and William “Yahya” Aossey, age 44, also of Cedar Rapids, Iowa, have been charged in a ninety-two count indictment filed this afternoon in United States District Court in Cedar Rapids. The indictment charges each business and person with one count of conspiracy to: make and use materially false statements and documents; sell misbranded meat; and commit wire fraud. The indictment also charges each defendant with three counts of making false statements on export applications; forty-three counts of wire fraud; forty-four counts of money laundering; and one count of conspiring to commit money laundering. The indictment also contains two forfeiture allegations, seeking proceeds and property involved in certain offenses.
The conspiracy charge is punishable by up to five years imprisonment. Each count of making a false statement on an export application is punishable by up to three years imprisonment. Each count of wire fraud is punishable by up to twenty years imprisonment. Each count of money laundering, including the money laundering conspiracy count, is punishable by up to twenty years imprisonment. A fine of up to $250,000 may also be imposed on each count, along with a term of supervised release following any imprisonment.
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 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-00138-LRR.
Man Sentenced to Prison for Passport Fraud and Social Security FraudRead the Press Release
A man who illegally obtained a passport and social security benefits was sentenced on November 25, 2014, to 12 months’ imprisonment.
Raymundo Sierra-Mendez, age 71, from Mexico, received the prison term after a September 18, 2014, guilty plea to one count of social security fraud and one count of passport fraud.
In a plea agreement, Sierra-Mendez admitted he used a fraudulent name, social security card and birth certificate to obtain a United States passport in 2008. He also applied for and obtained social security benefits in 2008, with the same documents.
Sierra-Mendez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Sierra-Mendez was sentenced to 12 months’ imprisonment. He must also 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 HSI 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 14-CR-4053.Man Sentenced to Prison for Illegal Re-entryRead the Press Release
A man who re-entered the United States following a felony conviction was sentenced on November 18, 2014, to 7 months’ imprisonment.
Jose Santillanes-Barraza, age 43, from Mexico, received the prison term after a June 17, 2014, guilty plea to one count of illegal re-entry as a felon.
At the guilty plea, Santillanes-Barraza admitted he had re-entered the United States without permission after being removed from the country on December 1, 2010. On August 26, 2010, Santillanes-Barraza was convicted of tampering with records in the Iowa District Court, Buena Vista County. Santillanes-Barraza came to the attention of Homeland Security Investigations (HSI) after he was arrested on April 30, 2014, in Hancock County, Iowa for OWI.
Santillanes-Barraza was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Santillanes-Barraza was sentenced to 7 months’ imprisonment. He must also serve a 3-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 HSI 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 14-CR-3027.Man Sentenced to Prison for Illegal Re-entryRead the Press Release
A man who re-entered the United States following a felony conviction was sentenced on November 18, 2014, to 54 months’ imprisonment.
Esteban Fuego-Sanchez, age 42, from Guatemala, received the prison term after an August 15, 2014, guilty plea to one count of illegal re-entry as an aggravated felon.
At the guilty plea, Fuego-Sanchez admitted he had re-entered the United States without permission after being removed from the country on October 2, 2004. On September 28, 1995, Fuego-Sanchez was convicted of theft of property, a felony, in Jefferson County, Arkansas. Fuego-Sanchez came to the attention of Homeland Security Investigations (HSI) after he was arrested on June 18, 2014, in Wright County, Iowa for driving without a license.
Fuego-Sanchez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Fuego-Sanchez was sentenced to 54 months’ imprisonment. He must also serve a 3-year term of supervised release. A special assessment of $100 was imposed. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by HSI 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 14-CR-3038.Man Sentenced to Prison for Illegal Re-entryRead the Press Release
A man who re-entered the United States illegally was sentenced on November 20, 2014, to 4 months in prison.
David Ordonez-Lopez, age 20, from Guatemala, received the prison term after a September 22, 2014, guilty plea to one count of illegal re-entry.
At the guilty plea, Ordonez-Lopez admitted he had re-entered the United States without permission after being removed from the country on October 31, 2012. Ordonez-Lopez came to the attention of Homeland Security Investigations’ (HSI) on July 15, 2014, after he was arrested for OWI in Wright County, Iowa.
Ordonez-Lopez was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ordonez-Lopez was sentenced to 4 months’ imprisonment. He must also 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 HSI 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 14-CR-3044.Eight Indicted for Conspiracy to Obstruct Investigation and Law Enforcement Effort to Capture Jamal DeanRead the Press Release
Levon Varne Dean, Sr, age 55, Evette Morris-Hernandez, age 34, Kimberly Smith, age 50, and Steffan Dean, age 53, all of Sioux City, Ingmar Hernandez, age 26 and Monica Rocha-Contreras, age 21, both of South Sioux City, Nebraska, Anna Baker, age 24, of Winnebago, Nebraska, and Esteban Hernandez, age 36, of Mercedes, Texas, all have been charged with one count of conspiracy to defraud the United States by obstructing a Federal investigation. The charges are contained in an Indictment filed on November 20, 2014, in United States District Court in Sioux City. All had previously been charged in a Complaint filed on October 31, 2014.
The Indictment alleges that, from April 29, 2013 to about September 1, 2013, Levon Varne Dean, Sr., Morris-Hernandez, Smith, Steffan Dean, Hernandez, Rocha-Contreras, and Baker, conspired to interfere with and obstruct legitimate governmental activities of the United States Department of Justice (e.g., The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the United States Marshals Service) by interfering with and obstructing the federal investigation into the events of April 29, 2013, and the federal effort to apprehend Jamal Dean. Other charges in the Indictment include False Statements, Concealing Evidence, Accessory After the Fact, and Misprision of a Felony.If convicted each faces a possible maximum sentence of up to 5 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3-years of supervised release following any imprisonment.
Levon Varne Dean, Sr., Morris-Hernandez, Smith, Steffan Dean, Rocha-Contreras, and Baker were released on bond on November 7, 2014, and Ingmar Hernandez was held without bond. Steffan Dean, Smith and Ingmar Hernandez next appearance for arraignment is December 8, 2014. Levon Dean, Sr., Smith, Rocha-Contreras, and Morris-Hernandez’s have waived personal appearance at arraignment and their next appearance for trial is set for February 5, 2015.
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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 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 investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations; the Tri-State Drug Task Force, the Woodbury County Sheriff’s Office; the Sioux City Police Department, the United States Marshal’s Service; the Iowa Department of Public Safety; the Nebraska Department of Public Safety; and the Woodbury County Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14 CR 4088.
Waterloo Man Sentenced to Federal Prison for Falsely Testifying in Sawed-Off Shotgun CaseRead the Press Release
A man who committed perjury in federal court proceedings relating to a sawed-off shotgun charge was sentenced November 24, 2014, to nearly three years in federal prison.
Clay Willie Gilmer, age 20, from Waterloo, Iowa, received the prison term after an August 8, 2014, guilty plea to making material false declarations before a court or grand jury. The prosecution stemmed from Gilmer’s testimony before the grand jury and at a trial of Patrelle Green-Bowman. Evidence at Green-Bowman’s trial showed a sawed-off shotgun was found on August 2, 2013, by Waterloo Police in a car primarily used by Gilmer. The sawed-off shotgun was partially wrapped in Green-Bowman’s coat and was sitting immediately behind Green-Bowman in the car, in which he was the only occupant.
At the guilty plea, Gilmer admitted he testified before a federal grand jury in September 2013 that he had seen Green-Bowman with the sawed-off shotgun. Gilmer also admitted that during Green-Bowman’s December 2013 federal trial on the sawed-off shotgun charges, he testified he had not seen Green-Bowman with a gun on the relevant date. The jury found Green-Bowman guilty of the firearms charges in December, but the court granted Green-Bowman a new trial in April 2014. Gilmer testified in Green-Bowman’s May 2014 retrial, and Green-Bowman was again convicted. Green-Bowman was later sentenced to 78 months in federal prison.
At Gilmer’s sentencing, the court found Gilmer had testified falsely at both trials, and also that he lied under oath at his own guilty plea hearing about his drug use and criminal history.
Gilmer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Gilmer 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.
Gilmer 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 Dan Chatham and investigated by the Waterloo Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-44-LRR.
Fort Dodge Woman Sentenced to Federal Prison for Use of Fire to Commit Wire FraudRead the Press Release
A woman who conspired to use fire to commit wire fraud by causing a home to be destroyed by fire, and collecting proceeds from a bogus insurance claim alleging the fire was accidental was sentenced November 25, 2014, to 10 years in federal prison.
Shirley Weimer, age 67, from Fort Dodge, Iowa, received the prison term after an April 1, 2014, guilty plea to conspiracy to use fire to commit wire fraud.
Evidence presented by the United States at the change of plea hearings and sentencings revealed that Weimer hired a tenant, Lisa Young, to burn down the rental property where Ms. Young was living. Ms. Young recruited her adult children into the conspiracy as well as her ex-husband. After an unsuccessful attempt to destroy the residence, the conspirators tried again, and successfully burned the rental property, putting first responders, neighbors, and insurance adjustors at risk. Ms. Weimer then received $78,593.25 from the insurance company for her bogus insurance claim.
Weimer was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Weimer was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed, and she was ordered to make $78,593.25 plus interest in restitution to State Farm Insurance. She must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.Previously Ashley Straight, Gerald Straight, and Lisa Young were sentenced for their roles in the conspiracy receiving prison sentences of 13 months imprisonment each for Ashley Straight and Gerald Straight and 7 months imprisonment for Lisa Young.
Weimer is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was investigated by Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Department of Public Safety’s Office of State Fire Marshal and Department of Criminal Investigation, Deputies of the Webster County Sheriff’s Office, Officers of the Fort Dodge Police Department and Investigators of State Farm Insurances’ Special Investigation Unit. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3035.
Cedar Rapids Man Pleads Guilty to Five Federal Charges, Including Distributing Heroin Resulting in DeathRead the Press Release
A Cedar Rapids man who distributed heroin that caused a heroin overdose death pled guilty on November 24, 2014, in federal court in Cedar Rapids.
Ramon Cortez Freeman, age 35, from Cedar Rapids, Iowa, was convicted of distribution of heroin resulting in death, three counts of distributing heroin, and being a felon in possession of a firearm and ammunition.
At the plea hearing, Freeman admitted he distributed heroin to another individual in January 2014. The heroin Freeman distributed was used by an individual identified as D.L., who used the heroin and died of a heroin overdose. Freeman also admitted to distributing heroin in February and twice in July. Court documents reflect the heroin distributed by Freeman in February and July was determined to be around 70% pure. Freeman also admitted he possessed a .45 caliber pistol loaded with seven rounds of ammunition in April 2014. Freeman admitted he had previously been convicted of drug felonies in Chicago, Illinois.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Freeman remains in custody of the United States Marshal pending sentencing. Freeman faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life, $4,250,000 in fines, $500 in special assessments, and a lifetime term of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Dan Chatham 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 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 Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-100-1-LRR.
Marion Man Charged with Production of Child PornographyRead the Press Release
Kevin Andrew Jauron, age 39, from Marion, Iowa, has been charged with one count of production of child pornography. The charge is contained in an Indictment filed on November 18, 2014, in United States District Court in Cedar Rapids.
The Indictment alleges that, on or about March 13, 2014, Jauron used a minor to engage in sexually explicit conduct for the purposes of producing visual depictions of such conduct.If convicted, Jauron faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, a $100 special assessment, and at least five years and up to life on supervised release following any imprisonment.
Jauron appeared today in federal court in Cedar Rapids and was held without bond. Jauron’s next appearance for trial is set for January 26, 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 Peter Deegan and was investigated by the Marion Police Department. The Marion Police Department is part of the Iowa Internet Crimes Against Children Task Force (Iowa ICAC). More information about the Iowa ICAC is available at http://www.iaicac.org/Pages/welcome.aspx.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-128.
Hubbard, Iowa, Woman Sent to Prison for Bank FraudRead the Press Release
A woman who forged a court order in support of her request for a bank loan and a separate letter purporting to be from a United States Department of Justice official was sentenced on November17, 2014, to nearly four years in federal prison.
Stephanie Drake (formerly known as Stephanie Drake-Zierke), age 51, from Hubbard, Iowa, received the prison term after a July 23, 2014 guilty plea to one count of bank fraud and one count of unlawful manufacture and possession of a United States Department of Justice seal.
In a plea agreement, Drake admitted that, between about March 2009 and September 2012, she fraudulently induced a bank to loan her money by falsely claiming that her husband had been awarded a legal settlement in the amount of $2,200,000. Drake also admitted presenting a fabricated document to the bank purporting to be a court order for the legal settlement. Drake also admitted defrauding the same bank by presenting falsified loan paperwork indicating her husband’s parents had agreed to guarantee a loan of up to $162,600. Drake admitted that, between May 2008 and September 2012, the bank loaned her a total of at least $483,513.51. Drake admitted her conduct resulted in a loss to the bank of more than $400,000.
Drake was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Drake was sentenced to 41 months’ imprisonment on the bank fraud count and an additional, consecutive term of six months imprisonment on the count of unlawful manufacture and possession of a United States Department of Justice seal. The total term of imprisonment imposed was 47 months. A special assessment of $110 was imposed, and she was ordered to make $708,217.95 in restitution to the defrauded bank and other victims. Drake must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Drake was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Federal Bureau of Investigation and the Hardin County, Iowa, Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2032.
Illegal Alien Sentenced to Two Years' Imprisonment for Illegally Reentering the United StatesRead the Press Release
An alien who illegally reentered the United States after being deported was sentenced today to two years in federal prison.
Marcelino Aguilar-Vicente, age 31, a Mexican citizen living in Waterloo, Iowa, received the prison term after a July 15, 2014, guilty plea to one count of illegal reentry into the United States after being deported following a conviction for an aggravated felony.
In May 2014, Aguilar-Vicente was taken into Immigration custody after he was arrested in Black Hawk County, Iowa, for traffic violations. At the guilty plea, Aguilar-Vicente admitted he illegally reentered the United States after he was deported in March 2007. Prior to his deportation in 2007, Aguilar-Vicente was convicted in 2006 in Dinwiddie County, Virginia, of four counts of obtaining money by false pretenses, and in Hopewell County, Virginia, of one count of conspiracy to commit grand larceny, and three counts of grand larceny, all aggravated felonies.
Aguilar-Vicente was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Aguilar-Vicente was sentenced to 24 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.Aguilar-Vicente is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-62.
Illegal Alien Sentenced to 11 Months in Prison for Conspiracy to Induce Other Aliens to Unlawfully Reside in the United StatesRead the Press Release
An illegal alien who conspired with others to transport and encourage aliens to reside in the United States in violation of the law was sentenced today to eleven months’ in federal prison.
Ramon Perez, age 22, an illegal alien from Guatemala living in Waucoma, Iowa, received the prison term after an August 28, 2014, guilty plea to one count of conspiracy to transport, encourage and induce aliens to reside in the United States in violation of law.
In a plea agreement, Perez admitted he conspired with others to encourage aliens to work and reside in the Iowa in violation of the law. As part of the conspiracy, Perez brought aliens from Colorado to work and reside in Iowa. In Iowa, Perez transported aliens to work sites where he supervised their work constructing grain bins.
Perez was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Perez was sentenced to eleven months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Perez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-2039.
Man Sentenced to Time Served for Illegal Re-Entry and Use of A False Social Security Number to Obtain EmploymentRead the Press Release
A man who illegally re-entered the country and used a false social security number to obtain employment in Buena-Vista County was sentenced on November 4, 2014, to time served.
Eswin Marroquin-Asturias, age 38, from Guatemala, received the prison term after an October 1, 2014, guilty plea to one count of illegal re-entry and one count of use of a false social security number.
At the guilty plea, Marroquin-Asturias admitted he had re-entered the United States without permission after being removed from the country on December 15, 2011, and that he had used an illegally obtained social security card to gain employment.
Marroquin-Asturias came to the attention of Homeland Security Investigations’ (HIS) on July 17, 2014, when law enforcement officers conducted surveillance at a residence in Storm Lake, Buena Vista County, Iowa, in an attempt to locate an individual suspected of passport fraud. Marroquin-Asturias voluntarily agreed to speak with law enforcement and admitted he had illegally purchased false identification documents and had used them to obtain employment.Marroquin-Asturias was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Marroquin-Asturias was sentenced to time served.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by HSI 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 14-CR-4061.
Illegal Alien Sentenced to over Years in Prison for Aggravated Identity TheftRead the Press Release
An illegal alien from Mexico who assumed the identity of a United States citizen was sentenced today to more than two years in federal prison.
Juan Bautista-Rubio, age 22, an illegal alien from Mexico living in Cedar Falls, Iowa, received the prison term after a July 9, 2014, jury verdict finding him guilty of one count of aggravated identity theft. Bautista-Rubio previously pled guilty on May 9, 2014, to one count of illegal re-entry into the United States following deportation and one count of unlawful use of a fraudulently acquired social security card and permanent resident card to gain employment in the United States.
The evidence at trial showed that Bautista-Rubio used a fraudulently acquired social security card and a fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on April 5, 2012, falsely claiming to be a lawful permanent resident alien. Immigration I-9 forms are required to be completed by all employees working within the United States. Bautista-Rubio worked in Waterloo, Iowa, continuously from April 2012 through June 2013 and again from December 2013 through April 2014.
On April 23, 2014, Bautista-Rubio was questioned by an agent with Homeland Security Investigations. During that interview Bautista-Rubio admitted that he was present in United States illegally after being deported in 2011 and that he knowingly used the identification documents of a real person, including the person’s name, date of birth, and social security number, to gain employment in the United States. Bautista-Rubio told the agent that he specifically requested and obtained the identification documents of a real person to ensure that he could work here.
Bautista-Rubio was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Bautista-Rubio was sentenced to 27 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.
Bautista-Rubio is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-0052.
Four People Sentenced in A Conspiracy to Obstruct Justice Near Storm Lake, IowaRead the Press Release
Three men and one woman have been sentenced for their roles in a conspiracy to obstruct justice.
Mark Hill, age 48, of Storm Lake, Iowa, was sentenced after an August 13, 2013, guilty plea; Brandon Hinesly, age 36, of Truesdale, Iowa, and Janelle Zoch, 48 of Storm Lake, Iowa, each received their prison terms after February 28, 2014, guilty pleas; and Darwin Lee Zoch, age 46, of Storm Lake, received his prison term after a March 3, 2014, guilty plea. Mark Hill, Brandon Hinesly, Janelle Zoch and Darwin Lee Zoch each pled guilty to one count of conspiracy to obstruct justice.
Evidence at the guilty pleas and sentencings revealed Janelle Zoch, Darwin Zoch, Mark Hill, and Brandon Hinesly reached an agreement to illegally obstruct and impede the due administration of justice. Darwin Zoch, who was then awaiting sentencing for his federal firearms conviction, with the help of his confederates, was able to abscond, fleeing all the way to Corpus Christi, Texas, where he had purchased a boat and planned to sail out of the United States.
Collectively, the coconspirators assisted Darwin Zoch by lying to federal agents and United States Probation Officers, concealing or destroying evidence, providing Darwin Zoch with comfort and support in the form of false identification and a phone, and helping him change his appearance and pre-position a vehicle to make his escape.
Hill was sentenced on April 3, 2014; Hinesly and Darwin Zoch were sentenced on July 9, 2014, and Janelle Zoch was sentenced on November 3, 2014, in United States District Court in Sioux City, Iowa by United States District Court Judge Mark W. Bennett. Hill was sentenced to 3 months’ probation, Hinesly was sentenced to 3 months’ imprisonment, Darwin Zoch was sentenced to 28 months’ imprisonment, to be served consecutive to an undischarged term of imprisonment in the Northern District of Iowa, Case No. 11-4031, and Janelle Zoch was sentenced to 28 months’ imprisonment. Hill, Hinsely, Darwin Zoch and Janelle Zoch were each ordered to pay a $100 special assessment. Brandon Hinesly and Darwin Zoch must each serve a one-year term of supervised release after prison. Janelle Zoch must serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Hill, Hinesly, and Janelle Zoch were released on the bonds previously set and each are to self-report to the Bureau of Prisons; Darwin Zoch is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3047.
The case was investigated by the United States Marshal’s Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Buena Vista County Sheriff's Office, the Storm Lake, Iowa Police Department, and the Iowa Department of Public Safety. The case was prosecuted by Assistant United States Attorney Forde Fairchild
Trial Date Set for Cedar Rapids Man Charged with Being an Unlawful Drug User in Possession of FirearmsRead the Press Release
A trial has been scheduled in the case against Kendan Fonville, age 24, from Cedar Rapids, Iowa. Fonville has been charged with two counts of being an unlawful drug user in possession of firearms.
The charges are contained in an Indictment filed on October 30, 2014, in United States District Court in Cedar Rapids. Count 1 of the Indictment alleges that, on or about March 24, 2012, Fonville possessed a stolen AK-47 rifle while he was an unlawful user of marijuana. Count 2 of the Indictment alleges that, on or about August 31, 2012, Fonville possessed a .380 caliber handgun while he was an unlawful user of marijuana.
According to a previously filed criminal complaint, Fonville (aka “Fudd”) allegedly has four prior arrests for possession of marijuana and one prior arrest for possession of crack cocaine. The complaint alleges that, on March 24, 2012, Cedar Rapids Police Officers heard numerous shots being fired as they were approaching the 1400 block of 4th Avenue Southeast. In their investigation, officers allegedly recovered an AK-47 rifle that had been reported stolen and 22 spent rifle casings. Witnesses allegedly reported seeing Fonville fire the rifle.
The complaint also alleges that, on August 31, 2012, Cedar Rapids Police Officers attempted to stop a vehicle. The complaint alleges that, upon initiating the traffic stop, Fonville ran from the driver’s side of the vehicle. The complaint alleges that, during the foot pursuit, officers observed Fonville reaching for his waist band area. Fonville was allegedly lost during the chase. Officers allegedly believed that, during the chase, Fonville was attempting to discard a firearm. The officers allegedly retraced their steps and located a .380 caliber pistol.
If convicted on all charges, Fonville faces a possible maximum sentence of twenty years’ imprisonment, a $500,000 fine, $200 in special assessments, and six years of supervised release following any imprisonment.
Fonville’s next appearance for trial has been set for January 5, 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 C.J. Williams and was investigated by the FBI Safe Street’s Task Force and the Cedar Rapids Police Department.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-117 LRR.
Rwandan Refugee Who Became Naturalized Citizen Is Indicted for Naturalization FraudRead the Press Release
Ken Ngombwa, 54, from Cedar Rapids, Iowa, has been charged with one count of unlawfully procuring or attempting to procure naturalization or citizenship; one count of procuring citizenship to which he was not entitled; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the United States. The charges are contained in an Indictment unsealed today, in United States District Court in Cedar Rapids, following the arrest of Ngombwa without incident in Cedar Rapids.
The Indictment alleges that beginning in at least March 1998 and continuing through at least November 19, 2004, Ngombwa attempted to procure citizenship for himself and family members who accompanied him to the United States from Rwanda. According to the Indictment, Ngombwa and others made a number of false statements that were relied upon by United States immigration authorities in deciding to grant Ngombwa refugee status and permanent resident alien status; which eventually permitted Ngombwa to become a naturalized citizen of the United States. The alleged false statements included a claim that Ngombwa is the brother of Faustin Twagiramungu, a former Prime Minister of Rwanda.If convicted on all counts, Ngombwa faces a possible maximum sentence of 30
years’ imprisonment, a $1,000,000 fine, $400 in special assessments, and 12 years of supervised release following any imprisonment. Ngombwa also faces loss of citizenship.Ngombwa appeared today in federal court in Cedar Rapids and was released on bond. Ngombwa was ordered to: surrender any passport or travel documents; not travel outside of Linn County, Iowa; have no contact with potential witness concerning the case; and undergo a mental health evaluation. Other standard conditions of release were also imposed.
As with any criminal case, a charge is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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 14-CR-00123.
Illegal Alien Pleads Gulty to Passport Fraud, Aggravated Identity Theft, Alien Harboring, and Registering to Vote in A Federal ElectionRead the Press Release
An illegal alien who assumed the identity of a U.S. citizen, obtained a U.S. passport, and voted in the 2012 presidential election pled guilty today in federal court in Cedar Rapids.
Abel Hernandez-Labra, age 44, an illegal alien living in Hampton, Iowa, was convicted of one count of making false statements in a passport application, one count of aggravated identity theft, one count of making a false claim of U.S. citizenship to register to vote, and one count of harboring an illegal alien.
In a plea agreement, Hernandez-Labra admitted that he is a Mexican citizen who illegally entered the United States. Hernandez-Labra admitted he purchased a birth certificate and social security number of an American citizen born in Puerto Rico and assumed that identity. Falsely claiming to be a United States citizen, Hernandez-Labra used those documents to obtain Iowa driver’s licenses which he in turn, used to apply for and fraudulently obtain a U.S. passport in 2008 and to unlawfully register and vote in the 2012 federal election. Hernandez-Labra also admitted that, during 2014, he harbored and encouraged an illegal alien to reside unlawfully in the United States by providing work and a residence and by not reporting the alien to immigration authorities.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Hernandez-Labra remains in custody of the United States Marshal pending sentencing. Hernandez-Labra faces a mandatory sentence of two years’ imprisonment on the aggravated identity theft conviction, and a possible maximum sentence of ten years’ imprisonment on the passport fraud conviction, and five years’ imprisonment on both the illegal voting conviction and alien harboring conviction, along with a $1,000,000 fine, $400 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by agents from the U.S. Department of State, Diplomatic Security Service (DSS) Chicago Field Office; the Department of Homeland Security, Homeland Security Investigations; the Iowa Division of Investigations and Appeals; the Iowa Bureau of Investigation and Identity Protection; the Hampton Police Department; the Webster City Police Department; and the Hamilton County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-3036.
Eagle Grove, Iowa Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced November 3, 2014, to more than 10 years in federal prison.
Robert Asche, 48, from Eagle Grove, Iowa, received the prison term after a June 10, 2014, guilty plea to conspiracy to distribute methamphetamine. Asche was previously convicted of attempted sale of dangerous drugs, and sale of less than one pound of marijuana.At the guilty plea, Asche admitted his involvement from 2011 through March 2012 in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine. On March 15, 2012, Department of Homeland Security (HSI) agents intercepted a package at Federal Express in Memphis, Tennessee being shipped from Zapopan, Jalisco, Mexico, to Eagle Grove, Iowa. Pursuant to x-ray inspection and a later physical search of the package, agents found one pound of methamphetamine hidden inside the horn of a horse saddle being shipped to Asche. Asche admitted that in March of 2012, he arranged for the delivery of methamphetamine by mail.
Asche was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Asche was sentenced to 138 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. Asche 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 Department of Homeland Security, Iowa Department of Narcotics Enforcement, and Drug Enforcement Administration.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3040.
Des Moines Woman Sentenced to Federal Prison for Kossuth County Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced October 30, 2014, to 10 years in federal prison.
Jeana Jo Johnson, 35, from Des Moines, Iowa, received the prison term after a July 22, 2014, guilty plea to conspiracy to distribute methamphetamine. Johnson was previously convicted of two counts of conspiracy to manufacture methamphetamine in 2003.
At the guilty plea, Johnson admitted her involvement from 2012 through February 2014 in a conspiracy that distributed more than 150 grams of actual (pure) methamphetamine. Johnson was caught delivering one ounce of methamphetamine to a customer in Kossuth County. Johnson admitted she would obtain methamphetamine from her source in Des Moines, Iowa, and distribute it to persons in Kossuth County.
Johnson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Johnson was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Johnson is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Kossuth County Sheriff’s Office, Iowa Department of Narcotics Enforcement, and Iowa Division of Criminalistics Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-3013.
Aggravated Felon Sentenced to Prison for Illegal Re-EntryRead the Press Release
A man who re-entered the United States illegally was sentenced on October 28, 2014, to 15 months in prison.
Lazaro Martin-Bartolon, age 28, from Guatemala, received the prison term after a June 5, 2014, guilty plea to one count of illegal re-entry following a conviction for an aggravated felony.
At the guilty plea, Martin-Bartolon admitted he had re-entered the United States without permission after being removed from the country on November 19, 2009, following a conviction for forgery in Sioux County. Martin-Bartolon came to the attention of Homeland Security Investigations’ (HIS) on March 14, 2014, after he was arrested for OWI in Sioux County, Iowa.
Martin-Bartolon was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Martin-Bartolon was sentenced to 15 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by HSI 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 14-CR-4043.
Wisconsin Man Pleads Guilty to Child Sexual Exploitation OffensesRead the Press Release
A man who transported a minor across a state line to engage in sex acts pled guilty on November 3, 2014, in federal court in Cedar Rapids.
Christopher Heath-Lowther, age 30, from Platteville, Wisconsin, was convicted of one count of transporting a minor across a state line with intent to engage in criminal sexual activity and one count of traveling across a state line for the purpose of engaging in illicit sexual conduct.
At the plea hearing, Heath-Lowther admitted that, between December 2013 and February 2014, he traveled from Wisconsin to Iowa for the purpose of engaging in illicit sexual conduct and transported a minor from Iowa to Wisconsin with the intent to engage in criminal sexual activity.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Heath-Lowther was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Heath-Lowther faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, a $200 special assessment, and at least five years and up to life on supervised release following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation, the Platteville, Wisconsin, Police Department, and the Maquoketa 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 14-1014.
Cedar Rapids Man Charged with Being an Unlawful Drug User in Possession of FirearmsRead the Press Release
Kendan Fonville, age 24, from Cedar Rapids, Iowa, has been charged with two counts of being an unlawful drug user in possession of firearms. The charges are contained in an Indictment filed on October 30, 2014, in United States District Court in Cedar Rapids.
Count 1 of the Indictment alleges that, on or about March 24, 2012, Fonville possessed a stolen AK-47 rifle while he was an unlawful user of marijuana. Count 2 of the Indictment alleges that, on or about August 31, 2012, Fonville possessed a .380 caliber handgun while he was an unlawful user of marijuana.According to a previously filed criminal complaint, Fonville (aka “Fudd”) allegedly has four prior arrests for possession of marijuana and one prior arrest for possession of crack cocaine. The complaint alleges that, on March 24, 2012, Cedar Rapids Police Officers heard numerous shots being fired as they were approaching the 1400 block of 4th Avenue Southeast. In their investigation, officers allegedly recovered an AK-47 rifle that had been reported stolen and 22 spent rifle casings. Witnesses allegedly reported seeing Fonville fire the rifle.
The complaint also alleges that, on August 31, 2012, Cedar Rapids Police Officers attempted to stop a vehicle. The complaint alleges that, upon initiating the traffic stop, Fonville ran from the driver’s side of the vehicle. The complaint alleges that, during the foot pursuit, officers observed Fonville reaching for his waist band area. Fonville was allegedly lost during the chase. Officers allegedly believed that, during the chase, Fonville was attempting to discard a firearm. The officers allegedly retraced their steps and located a .380 caliber pistol.
If convicted on all charges, Fonville faces a possible maximum sentence of twenty years’ imprisonment, a $500,000 fine, $200 in special assessments, and six years of supervised release following any imprisonment.
Fonville’s next appearance for an arraignment has been set for November 4, 2014, at 2:00 p.m.
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 C.J. Williams and was investigated by the FBI Safe Street’s Task Force and the Cedar Rapids Police Department.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-117 LRR.
Felon Sent to Federal Prison for Firearm ChargeRead the Press Release
A Renwick, Iowa, man was sentenced October 28, 2014, to over four years in federal prison for his illegal possession of a firearm.
Daniel Reames, age 49, from Renwick, Iowa, received the prison term after a January 16, 2014, guilty plea to felon in possession of a firearm.
Information provided by the United States at the sentencing and change of plea hearings revealed that Reames has a 1995 conviction in the Iowa District Court for Humboldt County for a felony offense which precluded him from lawfully possessing firearms. Despite being a prohibited possessor of firearms, on April 16, 2013, Reames possessed a stolen rifle. Reames had stolen the firearm during a burglary and later sold it to another person.
Reames was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Reames was sentenced to 57 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.
Reames is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3020.
This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. This case was investigated by the Bureau of Alcohol Tobacco, Firearms, and Explosives; and the Humboldt County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Dubuque Man Pleads Guilty for Second Time to Distributing Heroin Resulting in Overdose DeathRead the Press Release
A man who sold heroin to a person who overdosed and died from using the heroin pled guilty for the second time on October 30, 2014, in federal court in Cedar Rapids.
Alvin Stanley Briggs, Jr., age 50, from Dubuque, Iowa, was convicted of distribution of heroin resulting in death. At the plea hearing, Briggs admitted that on July 3, 2012, he sold $100 worth of heroin to an individual identified as S.R., and that S.R. died as a result of using that heroin. Briggs initially pled guilty to the charge in June 2013, and was sentenced to 30 years’ imprisonment in September 2013. His conviction was overturned after the United States Supreme Court ruled in Burrage v. United States that individuals could not be convicted of distributing drugs where death resulted unless the government proved the drugs were the “but for” cause of the death. Briggs had previously admitted only that the drugs were a contributing factor in the death of S.R., but at the plea hearing this week, he admitted that S.R. would have lived but for using the heroin distributed by Briggs.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Briggs remains in custody of the United States Marshal pending sentencing. Briggs faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime term of supervised release following any imprisonment.
The case was prosecuted by Assistant United States Attorney Dan Chatham and was investigated by the Platteville, Wisconsin, Police Department, and the Dubuque, Iowa, Drug Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 2:13-CR-01004-LRR.
United States Attorneys Announces Election Day ProgramRead the Press Release
United States Attorneys Kevin W. Techau and Nicholas A. Klinefeldt of the Northern and Southern Districts of Iowa, respectively, announced today that Daniel Tvedt and Virginia Bruner will lead the efforts of their Offices in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections. These Assistant United States Attorneys have been appointed to serve as District Election Officers for the Northern and Southern Districts of Iowa, and in that capacity are responsible for overseeing the handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Klinefeldt said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
United States Attorney Techau said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorneys Techau and Klinefeldt stated that District Election Officers will be on duty while the polls are open. They can be reached by the public at the following telephone numbers: (319) 363-6333 (Cedar Rapids) and (515) 473-9300 (Des Moines).
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (319) 366-2461 (Cedar Rapids) or (515) 223-4278 (Des Moines).
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
DeanCoconspirator and Local Methamphetamine Dealer Both Sentenced to Federal PrisonRead the Press Release
A Sioux City man was sentenced October 24, 2014, to 10 years in federal prison, and a Sioux City woman was also sentenced on October 24, 2014, to 5 years in federal prison.
Craig Barclay, age 34, from Sioux City, received his prison term after a February 27, 2014, guilty plea to conspiracy to distribute methamphetamine.
Sarah Berg, age 33, from Sioux City, received her prison term after a May 5, 2014, guilty plea to one count of conspiracy to interfere with commerce by robbery, one count of interfering with commerce by robbery, one count of carjacking, and one count of transporting a stolen vehicle interstate.
Evidence presented at the Jamal and Levon Dean trial revealed on April 15, 2013, Sarah Berg took the Deans along as muscle to an encounter with Jeffery Rollinger (who at the time of the robbery was a drug dealer). As soon as they arrived at Rollinger’s location he was robbed at gunpoint of his illegal drugs and other property and carjacked. In a second robbery committed on April 24, 2013, Jamal and Levon Dean robbed Craig Barclay at gunpoint stealing illegal drugs and other property from Barclay, who at the time of the robbery was a drug dealer.
The October 24, sentencings were punishment for Berg’s role in the April 15 offense and Barclay’s drug trafficking.
Barclay and Berg were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Barclay was sentenced to 120 months’ imprisonment. A special assessment of $100 was imposed. Berg was sentenced to 60 months’ imprisonment. A special assessment of $400 was imposed. Barclay must also serve a five-year term of supervised release after the prison term and Berg must serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Both Barclay and Berg are being held in the United States Marshal’s custody until they can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number for Barclay is 13-4106 and the case file number for Berg is 13-4082.
The case is part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun and violent crimes. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the United States Marshal’s Service, the Iowa Department of Public Safety, the Tri State Drug Task Force, the Texas Department of Public Safety, the Sioux City, Iowa Police Department, the South Sioux City, Nebraska Police Department, the Woodbury County (Iowa) Attorney’s Office, the Dakota County (Nebraska) Attorney’s Office, the Nebraska State Patrol, the Dakota County (Nebraska) Sheriff’s Office and the Woodbury County (Iowa) Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Storm Lake Man Convicted of Credit Card FraudRead the Press Release
A man who committed multiple frauds was convicted by a jury October 23, 2014, after a three-day trial in federal court in Sioux City.
Yoirlan Tome Rojas, age, from Storm Lake, Iowa, was convicted of two counts of using a counterfeit access device; one count of possession of fifteen or more counterfeit access devices; one count of money laundering; and two counts of aggravated identity theft. The verdict was returned following about one hour of jury deliberations.
The evidence at trial showed that Rojas manufactured credit cards and utilized those cards to conduct purchases at Walmart and various other places of business in the Storm Lake, Iowa, area. Rojas would use the manufactured credit cards to purchase gift cards to later use to make “legitimate” purchases. At least two of the cards Rojas utilized belonged to individuals who reported unauthorized use of their credit cards.
Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Rojas remains in custody of the United States Marshal pending sentencing. On all of the charges, Rojas faces a possible maximum sentence of 10 years’ imprisonment, a $500,000 fine, $600 in special assessments, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jamie Bowers and was investigated by the Storm Lake Iowa Police Department and the United States Secret Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-4015.
Cedar Rapids Businessman IndictedRead the Press Release
William B. Aossey, Jr., 73, of Cedar Rapids, Iowa, has been charged with one count of conspiracy to make false statements, sell misbranded meat, and commit mail and wire fraud; seven counts of making or causing false statements to be made on export applications; seven counts of wire fraud; three counts of money laundering; and one count of conspiracy to commit money laundering. The charges are contained in an Indictment filed last evening in United States District Court in Cedar Rapids. The indictment also contains two forfeiture allegations for proceeds and property involved in some of the offenses.
The conspiracy charge is punishable by up to five years imprisonment; each count of making a false statement on an export application is punishable by up to three years imprisonment; each count of wire fraud is punishable by up to twenty years imprisonment; and each count of money laundering, including the money laundering conspiracy, is punishable by up to twenty years imprisonment. A fine of up to $250,000 may also be imposed on each count, along with a term of supervised release.
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 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.
Ten-Time Drug Felon Involved in Stand-Off with U.S. Marshals Sent to Federal Prison for over Thirty YearsRead the Press Release
A man who was arrested after a six-hour stand-off with the U.S. Marshal’s Service was sentenced on October 20, 2014 on his tenth felony drug conviction to more than 30 years in federal prison.
Brandon Thompson, 44, from Iowa City, Iowa, received the prison term after a June 16, 2014 guilty plea to possession with intent to deliver 500 grams or more of methamphetamine after a prior felony drug offense.
At the guilty plea, Thompson admitted he possessed the methamphetamine and intended to distribute it to another person. Information disclosed at the plea and sentencing hearings indicates that Thompson was arrested in North English, Iowa, in March 2013, in a vehicle that contained pounds of nearly 100-percent pure methamphetamine, almost $10,000 in cash, and a stun-gun that was disguised as a cellular phone.
Thompson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Thompson was sentenced to 380 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.
Thompson’s sentence was increased based on his extensive criminal history, which included nine prior felony drug convictions, along with convictions for burglary, being armed with a dangerous concealed weapon, theft, eluding, and others. Chief Judge Reade also discussed Thompson’s history of escaping from custody, the most recent of which ended with a six-hour long standoff with the U.S. Marshal’s Service and other law enforcement agencies at an Iowa City area motel on March 25, 2014. Thompson refused to surrender and was forced out of the motel room with tear gas.
Thompson 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 Justin Lightfoot and investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; the Clinton Police Department; the Iowa Division of Narcotics Enforcement; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Sixth Judicial District Department of Correctional Services; and the Iowa National Guard. The DEA Task Force was assisted by the United States Marshal’s Service.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/ login.pl. The case file number is 14-CR-12.
Federal Law Enforcement Officials Seek Information Regarding Two Federal FugitivesRead the Press Release
Federal law enforcement officials are seeking information regarding the location of two persons who have been charged with federal drug, money laundering, and gambling offenses.
The public’s assistance is being sought in the apprehension of Melissa Al Sharairei (also known as Melissa Schermerhorn), age 35, and her husband, Mohammad Al Sharairei, age 33, both of whom were last known to live in Pueblo, Colorado. Federal warrants have been issued for their arrests due to their failures to appear for court proceedings in the United States District Court for the Northern District of Iowa on October 20, 2014. According to court records, the two have been charged with maintaining a premises for the distribution of controlled substance analogues, money laundering, and conducting an illegal gambling business.
Anyone with information as to the whereabouts of the Al Sharaireis should call the United States Marshals Service at (319) 362-4411.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
Former Attorney Pleads Guitly to Defrauding Her ClientsRead the Press Release
A former attorney who defrauded over a dozen clients pled guilty today in federal court in Cedar Rapids.
Susan Hense, 54, from Cedar Rapids, Iowa, was convicted of one count of wire fraud.
In a plea agreement, Hense admitted that she knowingly made up a scheme to defraud the clients of her law firm, Hense Law PLC, and to obtain money from her clients under false pretenses and promises. Hense admitted that she falsely represented to her clients that money belonging to them would be held in trust on their behalf in a bank account when, in fact, Hense intended to steal at least a portion of the clients’ money. Hense further admitted that over a three year period, she stole and misappropriated at least $837,011.31 in client funds. Hense has since been disbarred and can no longer practice law in Iowa.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Hense remains free on conditions of release set by the court pending sentencing. Hense faces a possible maximum sentence of 20 years’ imprisonment, a fine, $100 in special assessments, and three years of supervised release following any imprisonment. Hense has also agreed to pay restitution to the victims of her offense.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Cedar Rapids Police Department.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-CR-109.
Aplington Man Sentenced to over 16 Years for Possessing Child PornographyRead the Press Release
A man who possessed child pornography was sentenced today to over 16 years in federal prison.
Jeremiah Romo, age 21, of Aplington, Iowa, received the sentence after a May 27, 2014, guilty plea to one count of possession of child pornography. At the plea hearing, Romo admitted that he possessed child pornography, including one or more depictions of prepubescent children. He also admitted that, in 2008, he was adjudicated delinquent for sexual abuse in the second degree.
Romo was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Romo was sentenced to 200 months’ imprisonment. A special assessment of $100 was imposed, and Romo must also serve a 20-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 the Iowa Division of Criminal Investigation, the Butler County Sheriff’s Office, and the Champaign County, Illinois, Sheriff’s Office.
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 14-3011.
Mason City Man Sentenced to 35 Years for Distributing Child PornographyRead the Press Release
A man who distributed child pornography was sentenced October 16, 2014, to 35 years in federal prison.
Jamison Miller, age 41, of Mason City, Iowa, received the sentence after a July 3, 2014, guilty plea to one count of distribution of child pornography. At the plea hearing, Miller admitted that, between September 2012 and April 2013, he distributed child pornography. In 2000, Miller was convicted of possession of child pornography.
Miller was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Miller was sentenced to 420 months’ imprisonment. A special assessment of $100 was imposed, and Miller must also serve a 20-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 the Iowa Division of Criminal Investigation, the U.S. Marshals Service, and the Federal Bureau of Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 14-3010.
Wisconsin Man Sentenced to over Nineteen Years in Federal Prison for Bank RobberyRead the Press Release
A man who robbed two downtown Cedar Rapids banks while he was on federal and state parole for prior bank robbery convictions was sentenced today to more than nineteen years in federal prison.
Jeffrey Haydock, 58, from Watertown, Wisconsin, received the prison term after a June 13, 2014, guilty plea to two counts of bank robbery with a dangerous weapon.
At the guilty plea, Haydock admitted he robbed the First Federal Credit Union on July 30, 2009, and the Linn Area Credit Union on February 17, 2010. Haydock further admitted that he was armed with what appeared to be a gun during each robbery. In a plea agreement, Haydock also admitted he robbed the First Federal Credit Union for a second time on November 12, 2009. At the time of the robberies, Haydock was on parole for both a 1986 federal conviction for bank robbery and a 1986 conviction in Wisconsin for multiple bank robberies.Haydock was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Haydock was sentenced to 235 months’ imprisonment. A special assessment of $200 was imposed and he was ordered to make restitution to the banks. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Cedar Rapids Police Department and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov. The case file number is 14-CR-0047.
Cedar Rapids Man Sentenced to More Than 11 Years in Federal Prison for Distributing Heroin That Caused Overdose DeathRead the Press Release
A man who distributed heroin to an individual who died from using the heroin was sentenced today to more than 11 years in federal prison.
Austin Allen Martens, age 24, from Cedar Rapids, received the prison term after a July 28, 2014, guilty plea to distributing heroin.
In a plea agreement, Martens admitted that he distributed $80 worth of heroin to another individual in March 2013. The purchaser was found deceased the next day, having overdosed after using the heroin distributed by Martens.
Martens was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Martens was sentenced 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.
Martens is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Dan Chatham 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 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 Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR14-40-1-LRR.
United States Attorney Encourages Iowa Officials to Ensure Voting Equality for People with DisabilitiesRead the Press Release
United States Attorney Kevin W. Techau announced today that Iowa officials have been provided with guidance to help ensure voting equality for people with disabilities. The Justice Department recently published a new technical assistance publication about federal laws that protect the rights of voters with disabilities, including the Americans with Disabilities Act, the Voting Rights Act, the National Voter Registration Act and the Help America Vote Act. The publication, “The Americans with Disabilities Act & Other Federal Laws Protecting the Rights of Voters with Disabilities,” is intended to help election officials, poll workers and voters understand how the ADA and other federal laws ensure equality in the voting process for people with disabilities. Last week, Mr. Techau provided the new publication to all county auditors in the Northern District of Iowa.
“Our goal is to ensure there are no inaccessible polling places or voting equipment anywhere in the Northern District of Iowa,” said Mr. Techau. “I am hopeful this new guidance will help secure voting equality for all Iowans.”
“The right to vote is the foundation upon which our country is built,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division. “For too long in our history, many people with disabilities have been excluded from exercising this fundamental right and have been prevented from being a full participant in our democracy. A number of federal civil rights laws, including the Americans with Disabilities Act and the Voting Rights Act, have been put in place to address fairness in the voting process for people with disabilities. The Justice Department is fully committed to enforcing these laws to ensure that voters with disabilities are no longer discriminated against in the election process.”
The publication provides guidance about how the federal disability rights laws apply to the election process, from registration to voting. The publication discusses the need for policies, procedures, and programs to be in place to ensure that voters with disabilities are not discriminated against or illegally excluded from voting. For example, the guidance discusses local governments’ obligations under the ADA to ensure polling places are physically accessible to voters with mobility disabilities, as well as their obligation to provide effective communication with voters who have vision and hearing disabilities. Voters with disabilities must be able to access their polling place like everyone else, and vote alongside their neighbors and friends.
The “The Americans with Disabilities Act & Other Federal Laws Protecting the Rights of Voters with Disabilities” publication may be found at http://www.ada.gov/ada_voting/ada_voting_ta.pdf. Those interested in finding out more about the ADA may call the Justice Department’s toll-free ADA information line at 1-800-514-0301 (V) or 1-800-514-0383 (TTY), or visit its ADA website at www.ada.gov. ADA complaints may be filed by email to [email protected].
Iowa Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced October 1, 2014, to more than five years in federal prison.
Ivan Lopez-Castelan, 32, from Iowa, received the prison term after a June 30, 2014, guilty plea to conspiring to distribute methamphetamine.
At the guilty plea, Lopez-Castelan admitted he was involved in the distribution of at least 1500 grams of mixed methamphetamine which contained 500 grams or more of actual (pure) methamphetamine from approximately 2011 through February, 2014. On February 7, 2014, law enforcement conducted a controlled purchase of approximately one pound of methamphetamine from Lopez-Castelan in Orange City, Iowa, for $28,000.
Lopez-Castelan was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Lopez-Castelan was sentenced to 61 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system. Lopez-Castelan 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 Clay County Sheriff’s Office assisted by the Iowa Great Lakes Drug Task Force, Iowa Division of Narcotics Enforcement, Iowa Division of Intelligence, Orange City Police Department, and the Tri-State Drug Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-4014.
Iowa Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced October 2, 2014, to four years in federal prison.
Jeremy Rabenberg, 40, from Hartley, Iowa, received the prison term after a June 10, 2014, guilty plea to conspiring to distribute methamphetamine.
At the guilty plea, Rabenberg admitted he was involved in the distribution of at least 1500 grams of mixed methamphetamine which contained 500 grams or more of actual (pure) methamphetamine from approximately 2013 through February 2014. On January 29, 2014, during the early morning hours, Spencer Police Officers responded to a call and located Rabenberg asleep in his vehicle (with engine running) parked outside a bar. Officers seized about $5,000 in cash and about two grams of methamphetamine from the center console of the vehicle and a .380 caliber Berretta handgun with seven rounds in the loaded magazine from between the front passenger seat and the center console. Later on the same date, law enforcement executed a search warrant at Rabenberg’s residence. Law enforcement seized approximately 354.58 grams of actual (pure) methamphetamine, $7,200 in U.S. currency and a number of firearms from Rabenberg’s bedroom.
Rabenberg was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Rabenberg was sentenced to 48 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Rabenberg 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 Clay County Sheriff’s Office assisted by the Iowa Great Lakes Drug Task Force, Iowa Division of Narcotics Enforcement, Iowa Division of Intelligence, Orange City Police Department, and the Tri-State Drug Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-4025.
Omaha Man Previously Convicted of Murder Earns His Third Stroke by Committing Bank Robbery in Sioux CityRead the Press Release
An Omaha man was sentenced to life imprisonment when, in a case of first impression, his conviction for unpremeditated murder in an Army court-martial was determined to qualify as a triggering offense for application of 18 U.S.C. § 3559(c)—the federal three strikes law.
Richard Allen Shaffer, age 54, from Omaha, Nebraska, received the prison term on September 5, 2014, after a February 10, 2014, guilty plea to one count of bank robbery.
Information presented by the United States at a change of plea and sentencing hearing revealed on October 12, 2012. Shaffer walked into a bank in Sioux City, Iowa, approached a teller, and handed her a note demanding money.The note read: “Be Quiet (GUN) Gimmie the money in the drawer and the replenishment drawer 100, 50, 20 10, 5, Now Be Quiet!”
The teller gave Shaffer $3,710 and Shaffer fled with the money. Police arrested Shaffer the next day on an outstanding warrant. Police then searched Shaffer’s girlfriend’s home, with her consent, where they found the clothes Shaffer had worn during the robbery and the note he handed to the teller.
Shaffer committed this robbery after he was released from federal prison for six 2004 bank robbery convictions. Because Shaffer was sentenced for all six convictions at the same time in 2004, those six convictions counted as only one predicate felony under the three strikes law. Shaffer’s criminal history also included a 1979 conviction in a United States Army General court-martial for unpremeditated murder, for which he was sentenced to 25 years confinement at hard labor and served 18 years.
Shaffer was sentenced in Sioux City by United States District Court Judge Mark W. Bennett who found, in a case of first impression that the Army court-martial conviction was a qualifying serious violent felony, that along with the 2004 bank robberies, and the present bank robbery conviction, triggered application of three strikes law as requested by the United States. Shaffer was, therefore, sentenced to life imprisonment. A special assessment of $100 was imposed, and he was ordered to make $4,710 in restitution to Heritage Bank, Sioux City, Iowa. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Shaffer is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4077
The case was investigated by the Sioux City, Iowa Police Department, The Omaha, Nebraska Police Department, United States Probation, and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Mexican Citizen Sentenced to Six Years' Imprisonment for Unlawful Use of Identification Documents and Aggravated Identity TheftRead the Press Release
A Mexican citizen who was twice convicted using the identity of a dead American citizen who attempted to obtain new identification documents and gain employment in that name was sentenced today to six years in federal prison.
Abel Fajardo-Guizar, age 38, a citizen of Mexico, living in Cedar Rapids, Iowa,
received the prison term after a May 7, 2014, guilty plea to two counts of unlawful use of identification documents and two counts of aggravated identity theft.In a plea agreement, Fajardo-Guizar admitted he was twice convicted under the name of another real person who died in 1995. Fajardo-Guizar was convicted under the other person’s name in Texas in 2001 for importing marijuana into the United States and in Iowa in 2010 for possession of a firearm by a felon and unlawful drug user. On November 22, 2013, while falsely claiming to be a U.S. citizen, Fajardo-Guizar used the date of birth, the Social Security Card and Social Security Number of another real person, someone he personally knew, to obtain a State of Iowa Identification Card in that person’s name. On December 18, 2013, again falsely claiming to be a U.S. citizen, Fajardo-Guizar used the date of birth, the Social Security Card and Social Security Number of another real person, and the recently acquired State of Iowa Identification Card when completing forms required to work in this country. On March 1, 2014, Fajardo-Guizar attempted to obtain a State of Iowa driver’s license using that the name, date of birth and Social Security Number of that other real person. When arrested on Federal charges on March 19, 2014, defendant had in his possession that other person’s birth certificate.
Fajardo-Guizar was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Fajardo-Guizar was sentenced to 72 months’ imprisonment. A special assessment of $400 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.
Fajardo-Guizar 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 Assistant United States Attorney Daniel C. Tvedt and was investigated by agents from the Department of Homeland Security, Immigration and Customs Enforcement.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-38.
Cedar Rapids Man Sentenced to More Than Six Years in Federal Prison for Bank RobberyRead the Press Release
A man who robbed a downtown Cedar Rapids bank while he was on federal supervised release was sentenced today to more than six years in federal prison.
Jacob Allen Mack, 24, from Cedar Rapids, Iowa, received the prison term after a July 18, 2014, guilty plea to one count of bank robbery.
At the guilty plea, Mack admitted he robbed the downtown Cedar Rapids branch of Hills Bank and Trust on the morning of May 2, 2014. At the time of the bank robbery, Mack was on federal supervised release following a 2011 conviction in federal district court for unlawful possession of a firearm.
Mack was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Mack was sentenced to fifty-seven months’ imprisonment for bank robbery and was also sentenced to a consecutive twenty-four months’ imprisonment for violating the terms of his federal supervised release. A special assessment of $100 was imposed and he was ordered to make restitution to Hills Bank and Trust. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Mack is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Cedar Rapids Police Department.
Court file information is available at https://ecf.iand.uscourts.gov. The case file numbers are 14-CR-00060 and 10-CR-00120.
Cedar Rapids Man Sentenced to Five Years in Prison for Possessing FirearmsRead the Press Release
A man who illegally possessed firearms on two occasions was sentenced today to five years in federal prison. Timothy Rush, age 24, from Cedar Rapids, Iowa, received the prison term after a July 30, 2014 guilty plea to one count of being an unlawful user of controlled substances (marijuana) in possession of a firearm, and one count of being a felon in possession of a firearm.
In a plea agreement, Rush admitted that, on the night of March 25, 2011, officers found him walking with a juvenile male in an alley off First Avenue. The juvenile was found in possession of ten baggies of marijuana, and Rush was found with a loaded 9mm pistol in his waistband. Rush admitted stealing the weapon, and admitted regularly smoking marijuana. A urine test confirmed his drug use. On May 7, 2012, Rush was found, after a shooting on the southeast side of Cedar Rapids, in possession of a sawed-off shotgun. Rush was convicted in state court for possession of an offensive weapon, a felony offense. Then, on May 29, 2014, officers responded to reports of a man with a gun seen on the southeast side of Cedar Rapids. When officers encountered Rush, who fit the description, he fled, dropping a loaded .380 caliber pistol during the flight. Officers arrested Rush and recovered the weapon. Rush ultimately admitted stealing that weapon.
Rush was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Rush was sentenced to sixty months’ imprisonment. A special assessment of $200 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. Rush 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 C.J. Williams and investigated by the FBI Safe Streets Task Force and the Cedar Rapids Police Department.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-67.
Cedar Rapids Man and Woman Plead Guilty to Robbery and Firearm ChargesRead the Press Release
A man who committed four bank robberies and a woman who drove the getaway vehicle for one robbery pled guilty in federal court in Cedar Rapids.
Javon Dockery, age 29, from Cedar Rapids, was convicted of four counts of bank robbery and one count of possession of a firearm in furtherance of a crime of violence. Bria Daudinot, age 21, from Cedar Rapids, was convicted of one count of bank robbery.
At a plea hearing on October 2, 2014, Dockery admitted that he robbed a Cedar Rapids branch of the US Bank on April 30 and June 26, 2014. He also admitted that he robbed a Cedar Rapids branch of the Guaranty Bank on May 16 and May 29, 2014. Further, Dockery admitted that, during the commission of the June 26 robbery, he brandished a firearm. At a plea hearing today, Daudinot admitted that she aided and abetted Dockery in the June 26 robbery. In a plea agreement, Daudinot admitted that she drove the getaway vehicle for this robbery.
Sentencings before United States District Court Chief Judge Linda R. Reade will be set after presentence reports are prepared. Both Dockery and Daudinot remain in custody of the United States Marshal pending sentencing. Dockery faces a mandatory minimum sentence of 7 years’ imprisonment and a possible maximum sentence of life in prison, a $1,250,000 fine, a $500 special assessment, and up to 5 years on supervised release following any imprisonment. Daudinot faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and up to 3 years on supervised release following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation 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 CR 14-68.
Felon Who Fled from Crim Scene Sent to Federal Prison on Gun ChargeRead the Press Release
A felon who discarded a gun while fleeing from police was sentenced on October 1, 2014 to over six years in federal prison.
Harris Ceaser III, from St. Louis, Missouri, received the prison term after a June 5, 2014 guilty plea to one count of possession of a firearm as a felon.
In a plea agreement, Ceaser admitted he possessed a loaded 9mm handgun in Cedar Rapids on March 24, 2014. According to a criminal complaint, Ceaser came to the attention of law enforcement on that date while they were responding to a report of a stabbing at the 1800 block of A Avenue. The victim was located on the ground with a knife mark in his chest. While canvassing the area for evidence, a woman reported to law enforcement that an individual—later identified as Ceaser—had run from the scene. An officer located Ceaser nearby. Upon seeing the officers, Ceaser fled on foot. The foot chase was captured on a patrol car video, which showed Ceaser throwing a handgun over a fence during the chase. The handgun was then recovered by law enforcement. The handgun had been reported stolen.
Ceaser had been convicted in federal court in Cedar Rapids in 2008 of the felony offense of possessing a firearm as an unlawful drug user. Ceaser remained on supervised release from this conviction at the time of the March 2014 incident.
Ceaser was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Ceaser was sentenced to 78 months’ imprisonment, which was ordered to run consecutive to a 24-month supervised release revocation sentence that was imposed on April 25, 2014 in the 2008 case. 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.
Ceaser is being held in the United States Marshal’s custody until he can be transported to a federal prison.
Ceaser has not been charged in connection with the stabbing.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, and Firearms (ATF), 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 14-CR-50. The case file for the criminal complaint is 14-MJ-94. The case file for Ceaser’s 2008 conviction is 07-CR-96.
Cedar Rapids Man Pleads Guilty to Maintaing A Premises to Sell Synthetic Drugs and Identity TheftRead the Press Release
A man who opened the Fragrance Hut smoke shop pled guilty today in federal court in Cedar Rapids.
Matthew James McCauley, age 39, from Cedar Rapids, Iowa, was convicted of maintaining a premises for the distribution of controlled substances and aggravated identity theft.
At the plea hearing, McCauley admitted he opened the Fragrance Hut, formerly located at 2902 First Avenue NE in Cedar Rapids, for the purpose of distributing illegal synthetic controlled substances, commonly referred to as “spice” or “K2.” Court documents reflect McCauley opened the Fragrance Hut in February 2014, and that the store sold synthetic cannabinoid products with names like “WTF,” “Diablo,” “Purple Haze,” “Fairly Legal,” “Green Giant,” and “Smoking Santa.” McCauley also admitted to having stolen the identity of another individual during and in relation to a wire fraud scheme. Court documents reflect McCauley created a false driver’s license using another individual’s name and date of birth. McCauley then used that name and date of birth to obtain a fraudulent line of credit to purchase jewelry at a local jewelry store.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. McCauley remains in custody of the United States Marshal after the guilty plea and will remain in custody pending sentencing. McCauley faces a possible maximum sentence of 20 years’ imprisonment on the drug charge, and a mandatory consecutive sentence of 2 years’ imprisonment on the identity theft charge. He also faces up to $750,000 in fines, $200 in special assessments, and 4 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated by 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 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 Division of Narcotics Enforcement; and the Sixth Judicial District Department of Correctional Services.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are CR14-94-LRR and 14-MJ-186.
Cedar Rapids Man Pleads Guilty to Being A Felon and Unlawful Drug User in Possession of A FirearmRead the Press Release
A man who discharged a shotgun into an apartment above his own pled guilty today in federal court in Cedar Rapids.
Clifford Smith, age 51, from Cedar Rapids, Iowa, was convicted of one count of being a felon and unlawful drug user in possession of a firearm.
In a plea agreement, Smith admitted that he was a felon, having been convicted in 1992 and 2003 of drug offenses in the Iowa District Court for Linn County. Smith also admitted he was an unlawful user of marijuana. On July 4, 2013, Smith was living in a down stairs apartment on Wilson Avenue in Cedar Rapids. At some point in the early morning hours that day, Smith discharged a shotgun in his apartment. The blast penetrated the floor of the apartment above Smith’s own apartment. The owner of that apartment contacted the Cedar Rapids Police Department.
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 and will remain in custody 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 ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-00071.
Plymouth County Man Sentenced to Prison for Methamphetamine ConvictionRead the Press Release
A man who conspired to distribute methamphetamine was sentenced September 11, 2014, to more than eleven years in federal prison.
Jason Moore, 30, from LeMars, Iowa, received the prison term after an April 25, 2014, guilty plea to conspiring to distribute methamphetamine.
At the guilty plea, Moore admitted his involvement in a conspiracy from about June of 2012 through March 2013, that distributed more than 500 grams of actual (pure) methamphetamine. During the time period of the conspiracy, Moore lived in Northwest Iowa and sold methamphetamine to various customers in Northwest and Central Iowa. Moore traveled to Des Moines, Iowa one or two times a week to obtain methamphetamine for resale in Central and Northwest Iowa.
Moore was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Moore was sentenced to 162 months with credit for 19 months previously served for a current sentence of 143 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Moore 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 Clay County Sheriff’s Office, who was assisted by the Iowa Great Lakes Drug Task Force, Iowa Division of Narcotics Enforcement, Spirit Lake Police Department, Le Mars Police Department, Hawarden Police Department, O’Brien County Sheriff’s Office, Sheldon Police Department, and the Central Iowa Drug Task Force.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4039.
Cedar Rapids Man Pleads Guilty to Possession of A Firearm as A FelonRead the Press Release
A man who pawned a handgun stolen during a burglary pled guilty today in federal court in Cedar Rapids.
Tanner Williams, age 25, from Cedar Rapids, Iowa, was convicted of one count of being a felon in possession of a firearm.
In a plea agreement, Williams admitted that on April 7, 2014, he was convicted of the felony offense of Theft 2nd Degree in the Iowa District Court for Linn County. Then, on May 18, 2014, a Cedar Rapids home was burglarized. Among the items stolen during the burglary was a .22 caliber handgun. On May 20, 2014, Williams pawned the handgun at Marion Guns and Gold. At the plea hearing, the United States asserted that the evidence at sentencing will show Williams had committed the burglary and notified Williams that it would be seeking a sentencing enhancement based on that conduct.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Williams remains in custody of the United States Marshal and will remain in custody pending sentencing. Williams 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 Federal Bureau of Investigation’s Safe Streets Task Force and the Cedar Rapids Police Department.
Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-0071.