District of Nebraska

United States Attorney Susan T. Lehr announced that Robert A. Williams, age 29, of Omaha, Nebraska was sentenced on August 16, 2024, in federal court in Omaha for assault on a federal officer with a dangerous or deadly weapon. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Williams to 33 months’ imprisonment. There is no parole in the federal system. After his release from prison, Williams will be required to complete a 3-year term of supervised release.

On November 30, 2023, Williams drove a blue Honda CR-V to the USSTRATCOM gate at Offutt Air Force Base. He stopped at the entry control point (ECP) as directed by entry controllers, both of whom were uniformed U.S. Air Force Security Forces Airmen. An entry controller, suspecting that Williams was driving under the influence, placed a cone in front of the CR-V. Williams ran over the cone and drove onto the installation at a high rate of speed. Controllers activated barriers past the ECP and Williams was forced to U-turn at least twice, eventually speeding back toward the ECP. The two controllers attempted to stop the CR-V while it was headed towards them. Williams narrowly missed hitting one of the Airmen and both were forced to move out of the way of the CR-V. The controllers were placed in immediate danger as the CR-V approached, and they fired rounds into the vehicle. Williams nonetheless drove the CR-V back through the ECP and off the installation.

Investigators determined that Williams purchased the CR-V from a used car dealer two days prior to the incident and subsequently located it at Williams’s address in Omaha. Once investigators learned his identity, Williams was positively identified as the driver of the CR-V by the Airmen at the ECP and through video evidence of the encounter at the ECP. A motor vehicle is considered a deadly or dangerous weapon when driven in a manner likely to endanger lives.

This case was investigated by the Federal Bureau of Investigation, the Air Force Office of Special Investigations, and the 55th Wing Security Forces Squadron at Offutt Air Force Base.

United States Attorney Susan Lehr announced that Joe Paul Shultz, age 40, of Lincoln, Nebraska, was sentenced August 16, 20224 in federal court in Omaha, Nebraska for conspiracy to distribute and possess with intent to distribute fentanyl. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Shultz to 114 months’ imprisonment. There is no parole in the federal system. After Shultz is released from prison, he will begin a 3-year term of supervised release.

On April 27, 2020, Shultz delivered fentanyl to a victim, which contributed to an overdose death. Law enforcement investigated the overdose and located Shultz as the suspect.  An autopsy was conducted on the victim, and the cause of death was buprenorphine and fentanyl toxicity.  Law enforcement contacted Shultz, who admitted to the delivery of two fentanyl pills to the victim before the overdose.  Law enforcement could not locate the source of the buprenorphine as it was not prescribed by a doctor.  Shultz was also known to sell fentanyl pills to other individuals in the Lincoln, Nebraska metro area.

This case was investigated by the Lincoln Police Department.

The Justice Department announced today that it filed a complaint and proposed consent decree to resolve allegations that Lincoln Public Schools (LPS), in Lincoln, Nebraska, violated the Americans with Disabilities Act (ADA) by denying some deaf and hard of hearing students an equal opportunity to attend their neighborhood schools or participate in the high school choice program.

Under LPS’ cluster school policy, deaf and hard of hearing students believed to need American Sign Language (ASL) interpretation had to attend cluster schools serving deaf and hard of hearing students. In applying this policy, LPS did not consider the individualized needs of deaf and hard of hearing students, denied them an equal opportunity to participate in neighborhood school and high school choice programs and failed to provide effective communication to some deaf and hard of hearing students.

“Denying students with disabilities access to their neighborhood schools based on a blanket policy denies such students the opportunity to experience school with their siblings, friends, and neighbors and is discriminatory,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “The Justice Department is pleased that LPS has changed its practices and will work to ensure that deaf and hard of hearing students have equal educational opportunities.”

LPS’ reliance on the cluster school policy harmed students who are deaf or hard of hearing and their parents. One student placed in a cluster school experienced long daily commutes each day. LPS’ cluster school requirement also harmed the impacted students’ parents who incurred transportation and other costs taking their children to the distant cluster schools. 

Under the proposed consent decree, which must be approved by the U.S. District Court for the District of Nebraska, LPS has agreed to pay $12,000 to compensate individuals the policy harmed; end its blanket policy of requiring deaf and hard of hearing students believed to need ASL to attend a cluster school; adopt non-discrimination policies and complaint procedures; designate an ADA coordinator; train staff; and provide reports to the department during a monitoring period.

The department previously provided its findings and minimum remedial measures necessary in a letter to the school district. View the letter of findings here. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (voice) or (TTY 833-610-1264) or visit www.ada.gov. ADA complaints can be filed online at www.ada.gov/complaint.

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United States Attorney Susan T. Lehr announced that Demitrius Alston, age 34, of Omaha, Nebraska was sentenced on August 14, 2024, in federal court in Omaha for bank robbery, attempted bank robbery, and conspiracy to commit interference with interstate commerce by way of robbery. Senior United States District Judge John M. Gerrard sentenced Alston to 235 months’ imprisonment. There is no parole in the federal system. After his release from prison, Alston will be required to complete a 3-year term of supervised release. The amount of restitution to be ordered will be determined at a future hearing.

Alston was indicted in three criminal cases in 2020. He is the last defendant to be sentenced in a conspiracy to rob federally insured banks across Nebraska, South Dakota, North Carolina, and Iowa between 2015 and 2020. The first indictment returned by the grand jury charged him with conspiracy to commit interference with commerce by robbery involving four other defendants and fifteen banks. The defendants, who wore disguises and masks, would generally initiate “takeover” style robberies, establishing control of the employees and customers in the banks by brandishing firearms, enabling them to gain access to the vaults. In the conspiracy case, the defendants robbed federally insured banks of $959,147.68 between June 1, 2015, and June 22, 2018. 

Next, Alston was indicted by a grand jury in the Eastern District of North Carolina. The indictment charged him with robbing a Wells Fargo Bank on July 29, 2019, in Fayetteville, North Carolina. The North Carolina case was later transferred from the U.S. District Court for the Eastern District of North Carolina to the U.S. District Court for the District of Nebraska for disposition. During that robbery, Alston and another suspect robbed the bank of over $77,000.00 in a similar “takeover” style manner, fleeing in a 1993 Chevy Lumina. On the same day, Alston entered the Fayetteville Regional Airport and approached a TSA security checkpoint. As he was being screened, TSA agents flagged his bag for inspection. The TSA agent searching the backpack located large sums of U.S. currency. Alston snatched the bag and took off running. As he ran, he dropped a large sum of currency inside the terminal and his backpack. Investigators recovered $38,110.00 in new, crisp bills (approximately half of the amount stolen from the bank). Alston also left his Nebraska identification, cellphone, and boarding pass in the security bin. The Federal Bureau of Investigation (FBI) later searched Alston’s home in Nebraska and recovered the title to a 1993 Chevrolet that was used as the getaway car and seized by the Fayetteville Police Department.

The final indictment returned by the grand jury in the District of Nebraska charged Alston and a codefendant with attempted robbery of a Metro Credit Union and a robbery of a Wells Fargo Bank in Nebraska. On September 25, 2018, Alston and codefendant Brealon Goodwin attempted to rob a Metro Credit Union located on North 72nd Street in Omaha. Alston and Goodwin wore disguises and used a stolen red Jeep to flee. On September 28, 2018, Alston and Goodwin robbed the Wells Fargo Bank of over $16,000.00. During the Wells Fargo robbery, Alston and Goodwin wore disguises and demanded money, and one of the defendants had his hand in his pocket in a manner suggesting to the teller that he was carrying a concealed firearm.

Alston was able to avoid arrest until September 27, 2021. During an interview with investigators, he admitted he participated in nearly two dozen robberies, including those charged. All the banks were federally insured.

Among the related defendants, Brealon Goodwin was sentenced to concurrent sentences of imprisonment for 69 months on each of three counts of conviction in two of the cases involving Alston. Kevin Brown was sentenced to consecutive sentences of imprisonment on two counts of conviction, totaling 128 months, Tristen Coleman was sentenced to consecutive sentences of imprisonment on two counts of conviction, totaling 100 months. Charles Ware was sentenced to consecutive sentences of imprisonment on each of two counts of conviction, totaling 170 months. The related defendants were sentenced in 2022 and 2023.

This case was investigated by the Federal Bureau of Investigation, the Omaha Police Department, and the Lincoln Police Department.

United States Attorney Susan Lehr announced that Jimmy P. Nguyen, age 30, of Lincoln, Nebraska, was sentenced on August 13, 2024, in federal court in Lincoln for one count of distributing 5 grams or more of methamphetamine and one count of possessing a firearm during/in furtherance of drug trafficking. Senior United States District Judge Joseph F. Bataillon sentenced Nguyen to a total of 120 months’ imprisonment for both counts. There is no parole in the federal system. After Nguyen’s release from prison, he will begin a 5-year term of supervised release.

On December 16, 2021, Nguyen agreed to sell two semi-automatic handguns to a Confidential Informant (CI) in Lincoln.  Nguyen then informed the CI that he had two ounces of meth that he could sell to the CI as well.  Ultimately, Nguyen and the CI agreed that Nguyen would sell the two handguns and one ounce of meth.  They agreed to meet at a parking lot of a grocery store in Lincoln.  The purchase of the firearms and meth occurred in the CI’s vehicle.  After the controlled buy, the firearms and baggie of crystalline substance were turned over to law enforcement.  The firearms were a SCCY CPX-2 9mm handgun and a FN FNS-9 Compact 9mm handgun, which had a defaced serial number.  The crystalline substance was lab tested and confirmed to be at least 25 grams meth actual.

This case was investigated by the Greater Omaha Safe Streets Task Force (GOSSTF).  GOSSTF is a task force with law enforcement personnel from the Federal Bureau of Investigation, Omaha Police Department, Lincoln Police Department, Lancaster County Sheriff’s Office, and the Nebraska State Patrol.

United States Attorney Susan Lehr announced that Frantz Kolbjornsen, age 44, of Phillips, Nebraska, was sentenced on August 13, 2024, in federal court in Lincoln, Nebraska for receipt of child pornography and possession of child pornography. Senior United States District Judge Joseph F. Bataillon sentenced Kolbjornsen to 72 months’ imprisonment. There is no parole in the federal system. After Kolbjornsen’s release from prison, he will begin a 5-year term of supervised release. Kolbjornsen has also been ordered to pay $18,000.00 in restitution.

NSP Investigators were investigating the BitTorrent network, seeking offenders sharing child pornography, when they identified a device at an IP address that had downloaded a torrent. This torrent was of interest to law enforcement as at least one of the 5,971 files had been previously identified as child pornography. The Investigator was able to connect with the suspect device utilizing the identified IP address and successfully downloaded 29 of the 5,971 files.  The suspect device was the sole source of download, and as such, each of the 29 files were directly downloaded from the suspect device.

An investigation into the IP address utilized by the suspect device revealed that the IP address in question had been leased to Kolbjornsen. The service address, phone number and email address tied to the account all belonged to Kolbjornsen. 

On November 30, 2023, a search warrant was conducted at Kolbjornsen’s residence in Phillips, Nebraska. Law enforcement seized a Samsung cell phone from the Kolbjornsen’s pocket, a Verizon Orbit cell phone, RCA Tablet and an HP laptop computer from the shed where he was located.

A search was conducted of the four items seized. In total, 163 videos and 638 images of child pornography were located.

This case was investigated by the Nebraska State Patrol.

United States Attorney Susan Lehr announced that Andre N. Schwindt, age 43, of Lincoln, Nebraska, was sentenced on August 13, 2024, in federal court in Lincoln for receipt of child pornography. Senior United States District Judge Joseph F. Bataillon sentenced Meyer to 60 months’ imprisonment.  There is no parole in the federal system.  After Schwindt’s release from prison, he will begin a 5-year term of supervised release.  Schwindt was additionally ordered to pay $15,000 in restitution.

This case began on April 11, 2022, when a CyberTip to National Center for Missing & Exploited Children (NCMEC) indicated that a Dropbox user uploaded three files on April 10, 2022, which were considered child pornography.  The IP addresses associated with the CyberTip came back to Schwindt at an address in Lincoln.  On or about July 27, 2023, an investigator met with Schwindt in Lincoln.  During the meeting, Schwindt admitted to owning the Dropbox account, viewing child pornography involving children under the age of 14, and actively searching for it.  Schwindt also gave the investigator permission to preview his cell phone.  Schwindt showed the investigator where the child pornography files would be found on his cell phone.

Schwindt’s cell phone was seized and on August 1, 2023, a search warrant was received to forensically review the contents of the cell phone.  During the examination of the phone, the investigator found more than 534 images and 9 video files of child pornography.  Most files depicted male children under the age of 12.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

This case was investigated by the Nebraska State Patrol.

United States Attorney Susan Lehr announced that Robert Vincent Harris, age 57, of Lincoln, Nebraska, was found guilty on August 12, 2024, of distribution of fentanyl resulting in serious bodily injury and possession with intent to distribute fentanyl, methamphetamine, cocaine, and heroin in federal court in Lincoln, Nebraska. Senior United States District Judge John M. Gerrard sentenced found Harris guilty of both counts after a non-jury trial held on July 18, 2024, in which the United States presented evidence in the form of investigative reports, medical and fire department records, store surveillance video and recorded interviews with Harris and the victim.  The parties submitted written arguments and Judge Gerrard announced his verdict on August 12, 2024.

The United States presented evidence showing on February 14, 2024, Harris and the victim were at a social gathering and decided to walk to a nearby convenience store to purchase alcoholic beverages.  The victim later stated that about a week before this incident, Harris had offered to sell her some heroin.  On the way to the convenience store, the victim asked Harris if he still had heroin available.  He told her he did, and they stopped at Harris’s Lincoln apartment, where he drew out a line of powder substance on a mirror and both he and the victim snorted some of the powder.  Harris and the victim then walked to the convenience store where the victim purchased some alcohol while Harris waited outside.  After purchasing the alcohol, the victim and Harris left the store to return to the social gathering, but the victim passed out.  Lincoln Fire & Rescue was called by a clerk at the convenience store.  LFR responded and administered Narcan to the victim.  She woke up in the ambulance on the way to the hospital.

On February 15, 2024, investigators with the Lincoln/Lancaster County Narcotics Task Force interviewed the victim after her release from the hospital.  A search warrant was then obtained for Harris’s apartment.  During a search of his apartment, investigators found powder on a mirror and cut off straws matching the descriptions given by the victim.  Harris ultimately admitted he provided the fentanyl powder to the victim which resulted in her overdose.  Harris said after the victim’s overdose, he went home and used the rest of the fentanyl powder.  On February 15, 2024, he bought an additional quantity of what he believed to be heroin from his source and told investigators the powder found during the search of his apartment was what remained from the drugs he obtained on February 15, 2024.

Testing at the Nebraska State Patrol Crime Lab later showed the presence of fentanyl in the victim’s urine sample.   The powder seized from Harris’s apartment tested positive for fentanyl, meth, cocaine, and heroin.  A medical expert reviewed the case, determined the victim suffered an overdose due to her use of fentanyl and found it was likely that she would have died or would have suffered serious debilitating injuries if she had not been promptly treated with Narcan.

Harris’s phone contained text conversations between Harris and another person which occurred on February 15, 2024. In those conversations, Harris talked about the victim’s overdose the night before and his involvement.   Harris and the other person agreed that Harris would obtain drugs for the other person on that date.  Additional text messages showed the customer sent funds to Harris to pay for the drugs using a money transfer app.

Sentencing in this case is scheduled for November 25, 2024.  Harris faces a mandatory minimum sentence of 20 years and up to life in federal prison.

This case was investigated by the Lincoln/Lancaster County Drug Task Force, the Nebraska State Patrol, and Lincoln Fire & Rescue.

United States Attorney Susan Lehr announced that Nicholas Murphy, age 44, of Phoenix, Arizona, was sentenced August 8, 2024, in federal court in Omaha, Nebraska for coercion and enticement of a minor. United States District Judge Brian C. Buescher sentenced Murphy to 57 months’ imprisonment.  There is no parole in the federal system. After Murphy is released from prison, he will begin a 10-year term of supervised release. He was also ordered to pay a $20,000 fine and restitution to the victim.

Sometime in 2021, Murphy began a relationship with a 17-year-old who was a dancer at The Dance Authority, a studio in Omaha. Murphy’s wife was the former owner of The Dance Authority. Murphy had communication with the minor which developed into a romantic relationship. In October 2021, Murphy purchased the minor a first-class airline ticket after the minor’s mother, who did not know about the relationship, inquired if Murphy had any travel plans between Arizona and Nebraska, and if the minor could accompany Murphy. After flying to Arizona together from Omaha, Murphy had sex with the minor in his hotel. In Arizona, it is illegal to have sex with a minor under the age of 18 years of age. Murphy pleaded guilty to persuading and enticing the minor to travel in interstate commerce to engage in sex.  

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Susan Lehr announced that Ramon Lopez-Larios, age 53, of San Ysidro, California, was sentenced August 6, 2024 in federal court in Lincoln, Nebraska for possession with intent to distribute 500 grams or more of methamphetamine and 100 grams or more of fentanyl and for being an illegal alien in possession of a firearm. Senior United States District Judge John M. Gerrard sentenced Lopez-Larios to 168 months’ imprisonment.  There is no parole in the federal system. After Lopez-Larios is released from prison, he will begin a 5-year term of supervised release. He will also forfeit $2,900.00 in U.S. currency to the United States as drug proceeds.

On August 18, 2022, Nebraska State Patrol conducted a traffic stop of a California vehicle on I-80 at mile marker 231.  Law enforcement utilized a K-9, which indicated to the presence of narcotics.  Law enforcement then searched the vehicle and located two statues.  Law enforcement used a Viken Backscatter X-ray machine, and it showed concealed packages inside the statues.  Troopers tested the packages, and they contained meth.  Law enforcement seized 59 pounds of meth and 9 pounds of fentanyl from the vehicle.  Upon further investigation, a firearm was located inside a bucket in the back of the vehicle.  Law enforcement confirmed that Lopez-Larios is an illegal alien.  In addition, $2,900.00 in U.S. currency was seized from Lopez-Larios’ pants pocket.

This case was investigated by the Nebraska State Patrol.

United States Attorney Susan Lehr announced that Alejandro Escamilla, 50, of Omaha, Nebraska, was sentenced August 2, 2024, in federal court in Omaha, for his involvement in a methamphetamine and firearm conspiracy.  Chief United States District Judge Robert F. Rossiter Jr. sentenced Escamilla to 224 months’ imprisonment. Escamilla also agreed to the forfeiture of $9,594 and a 2014 Kawasaki Motorcycle.  There is no parole in the federal system.  After his release from prison, he will begin a 5-year term of supervised release. 

On July 27, 2022, law enforcement made arrangements to buy meth from Escamilla.  A controlled buy was completed and Escamilla sold law enforcement one pound of meth.  During the controlled buy, Escamilla utilized his 2015 Kawasaki motorcycle to facilitate the drug deal.  On December 14, 2022, law enforcement executed a search warrant of Escamilla’s residence in Omaha.  Law enforcement seized $9,594 in United States currency from Escamilla’s bedroom. This currency is derived from drug proceeds and was utilized to facilitate Escamilla’s drug trafficking activities. Law enforcement also seized a Ruger handgun and multiple boxes of ammunition from the same bedroom.  In a detached garage, law enforcement seized 62 pounds of meth.  Escamilla admitted to law enforcement that the 62 pounds of meth was what was left over from the 120 pounds he received in a shipment roughly two weeks prior.

This case was investigated by the DEA.

United States Attorney Susan Lehr announced that Brayan De La Cruz Cuahutzihua, age 24, of Ixtapaluca, Mexico, was sentenced August 2, 2024, in federal court in Omaha, Nebraska, after having pled guilty to conspiracy to distribute methamphetamine. Chief United States District Judge Robert F. Rossiter Jr. sentenced Cauhutzihua to 168 months’ imprisonment. After completing his term of imprisonment Cauhutzihua will be deported to Mexico as he is not a United States citizen.

On October 27, 2022, the FBI utilized a confidential informant who purchased one pound of meth from Cauhutzihua in the back parking lot of the Nebraska Furniture Mart located at 72nd Street, Omaha, NE. Cauhutzihua was accompanied by codefendants Francis C. Murillo and Jesus Manuel Sauceeda Perea when they arrived at the meet location in the same vehicle.

On March 03, 2023, agents obtained a federal search warrant for the defendants’ South Omaha residence that resulted in the discovery of approximately six pounds of meth, 19 pounds of marijuana, $41,784.00 in drug proceeds, and multiple cellular devices. The money has since been administratively forfeited to the government.

Murillo and Sauceeda Perea are awaiting trial at a date yet to be scheduled.

This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.

United States Attorney Susan Lehr announced that Jackie Poulsen, aka Jack Poulsen, 71, of Ericson, Nebraska, was sentenced on August 1, 2024, in federal court in Lincoln, Nebraska for bank fraud. United States District Judge Susan M. Bazis sentenced Poulsen to 18 months’ imprisonment with 5 years of supervised release to follow. There is no parole in the federal system. Poulsen was additionally ordered to pay a $815,000 in restitution.

Poulsen was the President of Ericson State Bank (ESB) from June of 2010 until September of 2019. He was additionally on the Board of Directors for the bank. In his role as President of ESB, he was responsible for overseeing all ESB’s affairs and managing ESB’s day-to-day operations. ESB, like any other bank in Nebraska, had to undergo regular examinations conducted by the Nebraska Department of Banking and Finance (NDBF). One such examination occurred in October of 2017, which ESB passed. The next examination occurred in April of 2019. The 2019 examination revealed that ESB’s condition had significantly deteriorated since the 2017 examination. NDBF indicated in a report that this deterioration was “due in large part to [ESB] being operated without regard for laws, regulations, prudent banking policies, and practices.”

During the investigation that followed the 2019 examination, the NDBF discovered that there were significant violations of the Nebraska statutory lending limits and that Poulsen had personally made, or was directly responsible for, many of the loans, lines of credit, and coverups of overdrafts that were in violation of the law, and which were adversely affecting the safety and soundness of ESB. A substantial number of the violations involved accounts and loans held by a relative of Poulsen’s and the relative’s business-related entities. NDBF examiners determined that a specific loan to Poulsen’s relative had been continuously more than the statutory lending limit since November 2017, or approximately one month after the 2017 Examination. NDBF examiners further determined that since May 29, 2019, Poulsen made multiple advances to the relative and charged off a portion of the borrowings without completing the appropriate paperwork or seeking approval from the Board or loan committee.

NDBF examiners discovered that some lending limit violations had substantially increased in size through increases in operating lines of credit, additional advances, and/or payment of overdrafts since the May 29, 2019, meeting. NDBF examiners determined that as of August 26, 2019, maturity dates on loans had been extended multiple times without formal documentation; borrowers’ financial information was inadequate; collateral for loans was either non-existent or poorly documented and managed, and deposit accounts, including those held by his relative, were frequently and substantially overdrawn. Poulsen’s scheme to defraud continued until September of 2019, when Poulsen was removed from his positions of authority with ESB based on NDBF’s findings. Poulsen’s license was also revoked.

As of December 31, 2019, ESB had total assets of approximately $110,879,000. However, on February 14, 2020, NDBF closed ESB and appointed the Federal Deposit Insurance Corporation (“FDIC”), as liquidator and receiver of ESB. Mark Quandahl, NDBF Director issued a statement regarding the failure of ESB which stated, “The failure of Ericson State Bank resulted primarily from large out-of-territory commercial loan losses and poor management practices which led to a deterioration of the bank’s capital. When the capital was not replenished the Department was left with no option but to place the insolvent institution into receivership.”

The FDIC entered into a purchase and assumption agreement with Farmers and Merchants Bank, Milford, NE, in which the purchasing bank assumed all customer deposits of ESB. At the time of ESB’s failure, ESB was a state chartered financial institution regulated and examined by the NDBF and it was determined that a loss of $815,000 was attributable to the insider-related loans which were subject to Poulsen’s scheme.

The investigation and subsequent prosecution of this matter was the result of the work of multiple agencies in conjunction with the United States Attorney’s Office for the District od Nebraska. Following today’s sentencing the following comments were made:

“The people of Nebraska expect their monies to be safe when they choose to place their trust in local banks.” Said United States Attorney Susan T. Lehr. “No bank officials should be permitted to abuse that trust for the sake of their and their family’s personal gain. The United States Attorney’s Office thanks all law enforcement agencies who worked diligently on the thorough investigation of this case.”

FBI Omaha Special Agent in Charge Eugene Kowel said, “Not only did Jack Poulsen’s financial scheme of insider-related loans lead to his sentence to federal prison, it also led to the collapse of a bank that had served rural Nebraska for 60 years. The FBI is committed to working with our federal, state, and local partners to hold accountable those who exploit their positions of trust to defraud financial institutions.”

“Jack Poulsen exploited his position as a bank executive to commit fraud that ultimately led to Ericson State Bank’s failure,” said Jon Ellwanger, Special Agent in Charge, Western Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and Consumer Financial Protection Bureau. “His sentencing sends a clear message that bank executives who commit fraud will be brought to justice for their actions. We are proud to have worked with our federal law enforcement partners and the U.S. Attorney’s Office to hold Mr. Poulsen accountable for his crimes.”

“As both bank president and board member, the defendant had a duty to conduct business honestly but instead abused that trust and committed insider fraud, contributing to the failure of a bank that had been part of the Federal Home Loan Bank System for more than 60 years,” said Korey Brinkman, Special-Agent-in-Charge of FHFA-OIG’s Midwest Region. “We will continue to vigorously investigate criminal offenses involving frauds that impact the integrity, safety, and soundness of Federal Home Loan Banks and member banks. We are proud to partner with our colleagues and the United States Attorney’s Office with this investigation.”

“Today's sentencing holds the defendant accountable for defrauding Ericson State Bank by misusing his position as president of the bank to conceal the true financial condition of these loans from the institution and its Board of Directors,” said Special Agent in Charge Justin R. Bundy of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC OIG), Kansas City Region. “The FDIC OIG will continue to work with our law enforcement partners to bring to justice bank insiders who violate their positions of trust and commit fraudulent acts that threaten to undermine the integrity of our Nation’s financial institutions.”

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, Federal Deposit Insurance Corporation – Office of Inspector General, Federal Reserve Board – Office of Inspector General, and the Federal Bureau of Investigations.

United States Attorney Susan Lehr announced that Harley Degroat, 45, of Brookings, South Dakota, was sentenced on July 31, 2024, in federal court in Lincoln, Nebraska for possession of methamphetamine with intent to distribute.  Senior United States District Judge John M. Gerrard sentenced Degroat to 192 months’ imprisonment with a 10-year term of supervised release to follow. There is no parole in the federal system. Degroat was found to be a career offender under federal law, and his sentence was enhanced due to a 2019 conviction for conspiracy to distribute methamphetamine in the District of Wyoming.

On October 3, 2020, a Merrick County Sheriff’s deputy stopped a driver for speeding along Highway 30 in Merrick County. Degroat was driving and a female was in the front passenger seat. The deputy learned that Degroat had an active arrest warrant out of Pottawattamie County, Iowa for violating probation.  The deputy arrested Degroat on the warrant. Degroat and his passenger gave conflicting information about their travel plans. A drug dog alerted and indicated to the presence of narcotics in Degroat’s car. Investigators searched the car, locating a black case near the engine compartment containing bags of meth, heroin, THC cartridges, marijuana, and a black Ruger .380 firearm. An analyst from the Nebraska State Patrol Crime Lab confirmed the presence of about three pounds of meth and a half-ounce of heroin. 

This case was investigated by the Merrick County Sheriff’s Office and the Trident Drug Task Force, which is made up of officers from the Grand Island Police Department, Hall County Sheriff, Hastings Police Department, Adams County Sheriff, Kearney Police Department, Buffalo County Sheriff, Nebraska State Patrol, Homeland Security Investigations, and the Federal Bureau of Investigation.

United States Attorney Susan Lehr announced that Moody Motor Co., Inc., located in Niobrara, Nebraska, was sentenced on July 31, 2024, in federal court in Omaha, Nebraska for accessory after the fact to a Clean Air Act violation. United States District Court Judge Susan M. Bazis sentenced Moody Motor Co., Inc. to a 1-year term of probation, a fine in the amount of $ 39,741.95, and a $125 special assessment.

Moody Motor Co., Inc. is a certified Ford dealership located in Niobrara. In addition to selling new and used vehicles, Moody Motor Co., Inc. has a vehicle service department. Moody Motor Co., Inc. has been in operation since 1955.

In January 2022, Environmental Protection Agency – Criminal Investigations Division (EPA-CID) received information stemming from an investigation in Dallas, Texas involving Diesel Performance of Texas (DPTX). DPTX sold tuners and delete kits which are products used to modify exhaust systems in violation of the Clean Air Act. An employee of DPTX had supplied Moody Motor Co., Inc. with these products. DPTX sold Moody Motors these products approximately 14 times between April 2019 and January 31, 2022.

On April 28, 2022, EPA-CID executed a search warrant at Moody Motor Co., Inc. and interviewed multiple employees. The employees admitted to performing aftermarket delete and tune work. One of the mechanics estimated that they had installed delete devices on approximately 10-20 vehicles. The mechanic confirmed that the tunes used were purchased from DPTX. One truck that Moody Motor Co., Inc. installed a delete device on was identified and was owned by a relative of one of the employees. Moody Motor Co., Inc.’s employees stated that they did this because the truck was a trade in that needed a lot of work done on it to include having sensors out and that this was easier than replacing the sensors. They did install a straight pipe and an EGR block on the truck. The owner of the truck was contacted and agreed to bring the truck in to be inspected by EPA-CID who confirmed that the emissions control system had been illegally modified and the invoice reflected that the delete tune had been purchased from DPTX.

This case was investigated by the Environmental Protection Agency – Criminal Investigation Division.

United States Attorney Susan Lehr announced that Jacob Wilkins, age 43, of Mitchell, Nebraska, was sentenced on July 31, 2024, in federal court in Lincoln, Nebraska for two counts of falsification of annual financial reports filed by a labor union. Senior United States District Judge John M. Gerrard sentenced Wilkins to 5 years’ probation.  Wilkins will also have to serve 10 weekends in jail. Wilkins has also been ordered to pay $21,381.82 in restitution to the National Association of Letter Carriers Branch 1836. Prior to sentencing, Wilkins paid $2,316.39 in restitution back to the union.

Wilkins served as president of the National Association of Letter Carriers Branch 1836 union out of Scottsbluff, Nebraska, from 2001 until he resigned in August 2021. As the union’s president, Wilkins was required by Federal law to  keep bank statements and supporting documentation such as receipts and invoices that would justify spending union money. The president and secretary-treasurer annually file an accounting statement with the Department of Labor documenting annual losses, assets, liabilities, receipts, and disbursements.

Between 2016 and 2020, Wilkins used union funds for personal expenses totaling $23,698.21. The embezzlement came to light in 2021 when other union members noticed union funds being used for expenses that were not approved by the union, and that were not union-related purchases. Wilkins admitted he used union funds for personal expenses, could not remember how he spent cash withdrawals from the union checking account, and admitted he did not obtain consent from union members before spending union money. Wilkins admitted he stopped keeping records showing how he used union funds as of 2010.

“There are consequences for individuals who breach the trust placed in them to be good stewards of union funds. Jacob Wilkins embezzled $23,698.21 from National Association of Letter Carriers Branch 1836 that should have been used for its members’ benefit,” said Christiane Abendroth, District Director, U.S. Department of Labor, Office of Labor-Management Standards.  “OLMS is committed to hold accountable anyone who unlawfully exploits their position for financial gain at the expense of their fellow union members.” 

This case was investigated by U.S. Department of Labor, Office of Labor-Management Standards. 

United States Attorney Susan Lehr announced that Travis J. Bodfield, 28, of Ralston, Nebraska, was sentenced on July 26, 2024, in federal court in Omaha, Nebraska, for receipt and distribution of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Bodfield to 211 months’ imprisonment. There is no parole in the federal system. After Bodfield’s release from prison, he will begin a 10-year term of supervised release. Chief Judge Rossiter ordered Bodfield to pay $28,000 in restitution.

On March 8, 2022, Ralston police executed a search warrant at Bodfield’s residence in Ralston after receiving an earlier report regarding an ongoing domestic disturbance involving Bodfield and a minor.  During search of the residence, law enforcement recovered Bodfield’s phones. Forensic examination and analysis of Bodfield’s phones found more than 2,400 pictures and 40 videos depicting child pornography. The approximate age range of the minor children were of infant through 12 years old.

Additional review of the cellphone uncovered conversations between Bodfield and other users of Kik, a communication application, engaging in communications that included the exchange of child pornography. During one of the Kik conversations, Bodfield sent a picture of a partially nude, prepubescent female, also about 8-10 years old.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force and the Ralston Police Department.

United States Attorney Susan Lehr announced that Tope Gbenga Opaogun, 43, of Nigeria, was sentenced on July 26, 2024, in federal court in Omaha, Nebraska, for wire fraud conspiracy. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Opaogun to 24 months’ imprisonment. There is no parole in the federal system. After Opaogun’s release from prison, he will begin a 3-year term of supervised release. Chief Judge Rossiter ordered Opaogun to pay restitution in the amount of $193,458.21. Opaogun will be deported to Nigeria after serving his sentence.

Between October 21, 2013, and November 5, 2013, Opaogun and a co-defendant, both who were located outside of the United States, compromised the email account of an individual who had a personal bank account at a bank located in the District of Nebraska.  Opaogun used the compromised email account to fraudulently induce employees at the bank to wire funds from the individual’s personal bank account to a third-party bank account controlled by Opaogun and a co-defendant.  Opaogun’s use of the compromised email account induced bank employees to make six unauthorized wire transfers totaling $234,990 to the third-party bank account. Opaogun attempted three additional unauthorized wire transfers totaling $182,000, but those attempts were unsuccessful.

On May 22, 2018, an Indictment charging Opaogun and a co-defendant was filed in the United States District Court in the District of Nebraska.  On August 11, 2022, Opaogun was arrested in Senegal on the District of Nebraska warrant. He was extradited from Senegal, where Opaogun was vacationing at the time, to the United States under the supervision of the FBI. 

The FBI continues to seek the co-defendant for arrest and prosecution.

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Susan T. Lehr announced that Jason E. Shadden, age 42, of Omaha, Nebraska was sentenced on July 24, 2024, in federal court in Omaha for being an unlawful user of a controlled substance in possession of a firearm. United States District Judge Brian C. Buescher sentenced Shadden to 16 months’ imprisonment. There is no parole in the federal system. After his release from prison, Shadden will be required to complete a 2-year term of supervised release.

On November 19, 2022, Shadden drove to the Kenney Gate at Offutt Air Force Base in his pickup truck. Though he initially stopped at the gate, Shadden drove without authorization on to the base at a high rate of speed and almost struck an U.S. Air Force Security Forces patrol vehicle. Shadden drove in circles in a parking lot and continued to drive recklessly at high speed to other locations on the installation. He was diverted onto the grass and was challenged by Security Forces members with firearms drawn when he made it as far as a vehicle fueling location on base. Shadden stopped, got out of the truck, and surrendered there.

Shadden was detained and his pickup truck was searched. Officers found a Ruger .40c caliber handgun, marijuana, and paraphernalia including a marijuana pipe, a vaping device, and a vape cartridge. Shadden was interviewed and said he smoked marijuana before driving to Offutt from Springfield, Nebraska.

Laboratory testing of suspected marijuana from a glass pipe seized from defendant’s truck confirmed the substance as marijuana and liquid obtained from vape cartridges was confirmed to contain Delta-9-tetrahydrocannibinol. Shadden’s urine was also tested, and marijuana metabolite was identified in the sample.

This case was investigated by the Federal Bureau of Investigation, the U.S. Air Force Office of Special Investigations, U.S. Air Force Security Forces, and the Sarpy County Sheriff’s Office.

United States Attorney Susan T. Lehr announced that German Aguilar Beltran, age 46, of Culiacan, Sinaloa, Mexico, was sentenced on July 24, 2024, in federal court in Omaha, Nebraska after having pled guilty to conspiracy to distribute methamphetamine. United States District Court Brian C. Buescher sentenced Aguilar Beltran to 216 months’ imprisonment. After completing his term of imprisonment Aguilar Beltran will be deported to Mexico as he is not a United States citizen.

On June 22, 2021, a cooperating defendant was arrested after agents executed a search warrant on his Omaha residence revealing 28 one-pound packages of crystal meth, and $18,754 in narcotics proceeds. In a post-arrest interview, the cooperator admitted to his involvement in distributing meth and identified co-defendant Emeterio Sepulveda-Moreno as the person who delivered the meth found in his residence. The cooperator said Sepulveda-Moreno was responsible for delivering hundreds of pounds of meth, and twice delivered meth to him in Omaha, including the 28 pounds he was caught with.

The investigation revealed that another co-defendant, Victor Gabriel Gonzalez-Garcia, would drive vehicles loaded with meth along with and Emeterio Sepulveda-Moreno, who were both working for German Aguilar Beltran since October of 2017. Agents confirmed that Aguilar Beltran’s phone was present during multiple documented drug transactions, and a vehicle known to have transported multiple loads of meth was registered in Aguilar Beltran’s name. During the course of the conspiracy, Aguilar Beltran was stopped and identified as the driver of the drug load vehicle.

United States District Court Brian C. Buescher sentenced Sepulveda-Moreno to 135 months’ imprisonment on May 8, 2024, and sentenced Gonzalez-Garcia to 168 months’ imprisonment on July 27, 2023. The $18,754 seized on June 22, 2021, was previously forfeited to the United States as proceeds from narcotics trafficking, and the cooperator defendant was previously sentenced to 151 months’ imprisonment.           

This case was the result of an investigation by Homeland Security Investigations.

United States Attorney Susan Lehr announced that Donald Fox, 55, of Bayard, Nebraska, was sentenced on July 24, 2024 in federal court in Lincoln, Nebraska for four counts of falsification of annual financial reports filed by a labor union. Senior United States District Judge John M. Gerrard sentenced Fox to four years of probation.  Fox will also have to serve five weekends in jail. Fox has also been ordered to pay $14,874.05 in restitution to the National Association of Letter Carriers Branch 1836. Prior to sentencing, Fox paid $9,746.07 in restitution back to the union.

Fox served as the secretary and treasurer for the National Association of Letter Carriers Branch 1836 union out of Scottsbluff, Nebraska, from 2001 until he resigned in June 2021. Federal law requires that a labor union secretary annually file an accounting statement with the Department of Labor documenting annual losses, assets, liabilities, receipts, and disbursements. Between 2016 and 2020, Fox used union funds for personal expenses totaling $24,620.12. The embezzlement came to light in 2021 when other union members noticed union funds being used for expenses that were not approved by the union, and that were not union-related purchases. Fox admitted that he used union funds for personal expenses, and admitted that he hid his embezzlement in part by filing false annual accounting statements that did not account for his unauthorized use of union funds. He admitted to not filing the annual accounting statement in 2020 to continue concealing his misappropriation of union funds.

“There are consequences for individuals who breach the trust placed in them to be good stewards of union funds. Don Fox embezzled $24,620 from National Association of Letter Carriers Branch 1836 that should have been used for its members’ benefit,” said Christiane Abendroth, District Director, U.S. Department of Labor, Office of Labor-Management Standards.  “OLMS is committed to hold accountable anyone who unlawfully exploits their position for financial gain at the expense of their fellow union members.” 

This case was investigated by U.S. Department of Labor, Office of Labor-Management Standards. 

United States Attorney Susan Lehr announced that Victor Aaron Gonzales, 39, of Lincoln, Nebraska, was sentenced on July 22, 2024, in federal court in Lincoln for conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine, 500 grams or more of meth mixture, and unspecified amounts of cocaine and marijuana; and possession with intent to distribute 50 grams or more of meth actual. Senior United States District Judge John M. Gerrard sentenced Gonzales to 240 months’ imprisonment on each count to run concurrently. There is no parole in the federal system. After Gonzales’s release from prison, he will begin a 5-year term of supervised release.

Information provided to law enforcement indicated Gonzales was involved in conspiracy to distribute meth, cocaine, and marijuana in the Lincoln area between February and November of 2022.  He was held responsible for the distribution of more than six kilograms of met during that time. 

On November 16, 2022, investigators obtained search warrants for two residences in Lincoln associated with Gonzales.  Prior to executing one of the warrants at a residence which Gonzales shared with a girlfriend, investigators stopped Gonzales and searched his Jeep, finding a total of approximately 700 grams of meth mixture, later found to contain at least 660 grams of actual meth.  During the search of the residence, investigators found a loaded rifle with a bump stock and ammunition along with scales, baggies, and a cash counter.  On the following day, a search warrant was executed at a separate residence where Gonzales’s wife and children were living.  At that location, marijuana, a scoop with meth residue, ammunition and over $69,000 in cash were found.  The cash was later forfeited by the Federal Bureau of Investigation, (FBI). 

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

United States Attorney Susan Lehr announced that Shelby English, 42, of Omaha, Nebraska, was sentenced July 17, 2024, in federal court in Omaha for distributing methamphetamine. United States District Judge Brian C. Buescher sentenced English to 130 months’ imprisonment. There is no parole in the federal system. After English’s release from prison, she will begin a 5-year term of supervised release.

On May 24, 2023, a confidential source coordinated a controlled purchase of 111 grams of meth from English.  To make the purchase, the confidential source drove to the residence at 45th block of N. 41st Street, Omaha, and entered the residence with English. Inside the residence, the confidential source and English encountered a Hispanic female later identified as codefendant, Alondra Rebolledo, who is alleged to have provided the meth to English, who then gave it to the confidential source.  Forensic laboratory testing confirmed the substance as meth with a purity level of 94.2%.

Rebelledo is presumed innocent and is scheduled for trial on August 20, 2024.

This case was investigated by the Omaha Police Department.

United States Attorney Susan Lehr announced that Brian Chaidez, 27, of Omaha, Nebraska was sentenced July 19, 2024, in federal court in Omaha after having pled guilty to possessing with the intent to distribute cocaine. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Chaidez to 37 months’ imprisonment. There is no parole in the federal system. After Chaidez’s release from prison, he will begin a 4-year term of supervised release.         

On June 13, 2023, a DEA cooperating witness ordered one pound of cocaine from Chaidez. While enroute to the meet location, the Omaha police department conducted a traffic stop on the vehicle Chaidez was driving. A search of his vehicle revealed more than 500 grams of cocaine. During a post arrest statement, Chaidez admitted to his involvement in distributing cocaine in the Omaha area.      

This case was investigated by the Omaha Police Department and the Drug Enforcement Administration.  

United States Attorney Susan Lehr announced that Dominick Ryne, 30, of Omaha, Nebraska, was sentenced on July 19, 2024, in federal court in Omaha for receipt and distribution of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Ryne to 108 months’ imprisonment. There is no parole in the federal system. After Ryne’s release from prison, he will begin a 5-year term of supervised release. Ryne was also ordered to pay $3,000.00 in restitution to each of two known victims.

On April 15, 2023, a Nebraska State Patrol investigator (NSP) was conducting an online investigation of offenders sharing child pornography. Using a computer running investigative software, the investigator was able to obtain over 1,800 files from a peer-to-peer network from a device at Ryne’s address.

On May 16, 2023, NSP served a search warrant at Ryne’s residence and seized his devices for forensic examination. During the search of Ryne’s residence, he confessed to downloading and possessing child pornography.

Investigators completed data extractions from Ryne’s devices, which yielded evidence of over 700 files (both videos and images) of child pornography, including 418 files from a known set of victims of child pornography maintained by the National Center for Missing and Exploited Children. The forensic examination of Ryne’s devices yielded evidence that he possessed at least 617 child pornography image files and 170 video files. The files included pornographic images and videos involving prepubescent children, adults having sex with children, and children being bound with handcuffs and ligatures.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Nebraska State Patrol.

United States Attorney Susan Lehr announced that Jason Viera Penalbert, 37, of Madison, Nebraska, was sentenced July 17, 2024, in federal court in Omaha, Nebraska for conspiracy to distribute 400 grams or more of fentanyl. United States District Court Judge Brian C. Buescher sentenced Penalbert to 57 months’ imprisonment. There is no parole in the federal system. After Penalbert’s release from prison, he will begin a 2-year term of supervised release.

On May 18, 2023, DEA agents doing surveillance at a UPS facility noticed a suspicious package. After a positive canine sniff, agents obtained a search warrant to search the package. Inside the package were two bricks wrapped in silver duct tape totaling approximately 2,428 grams of powder fentanyl.

Agents replaced the fentanyl with fake narcotics and conducted a controlled delivery to a residence in Norfolk, Nebraska. After the package was delivered, Penalbert arrived at the house to pick it up. After being arrested, Penalbert told agents he lived in Madison and came to Norfolk to pick up the package to deliver it to Minnesota. A search of Penalbert's cell phone revealed messages coordinating the delivery of the package.

Penalbert also admitted there would be drugs at his home. A later search of Penalbert’s house uncovered approximately 195 grams of cocaine. As part of a plea agreement, the prosecution dismissed a charge of possession with intent to distribute cocaine in exchange for a guilty plea to the fentanyl charge.

This case was investigated by the Drug Enforcement Administration. The Nebraska State Patrol assisted with forensic testing of the drugs seized.

United States Attorney Susan Lehr announced that Tesluach Gatkuoth, 27, of Grand Island, NE, was sentenced July 17, 2024, in federal court in Omaha, Nebraska for being a felon in possession of a firearm. United States District Judge Brian C. Buescher sentenced Gatkuoth to 120 months’ imprisonment. There is no parole in the federal system. After Gatkuoth’s release from prison, he will begin a 3-year term of supervised release.

On April 8, 2022, Omaha Police Department officers were on routine patrol in a marked patrol vehicle when they observed a gray 2003 Lexus driving eastbound on Lake Street approaching north 26th Street. The vehicle turned south onto north 25th Street and did not come to a complete stop at the stop sign at the intersection of north 25th and Grant Street. The Lexus continued through the intersection of Patrick Avenue and north 25th Street where it violated a second stop sign by failing to come a complete stop.

As the vehicle turned onto Patrick Avenue, officers attempted to stop the vehicle by initiating their patrol vehicle’s overhead lights and sirens. These emergency signals remained active as the Lexus turned southbound and sped away. The Lexus eventually stopped near 26th and Blondo Street, at which time the driver of the vehicle, Gatkuoth, fled on foot.

Gatkuoth fled across the front yard of a residence at the 26th block of Blondo Street before forcing his way through the home’s front door. As Gatkuoth entered the residence, he closed the door on the officer before continuing down into the basement and entering a room. Once inside the room, Gatkuoth closed the door behind him and remained concealed within.

An officer maintained a position on the stairway and yelled commands for Gatkuoth to reveal himself. Moments later Gatkuoth opened the door, yelled at the officer, and then casually began to go to the ground per officer commands. Gatkuoth was eventually secured in handcuffs and placed in the back of a patrol vehicle. A protective sweep of the basement was performed, and an adolescent child exited the room where Gatkuoth had entered and barricaded himself. Officers subsequently found a fully loaded 9mm handgun with high-capacity magazine and obliterated serial number hidden in the child’s clothes hamper.

A criminal history check revealed that Gatkuoth had been previously convicted of felony offenses, including robbery for which he served several years in the Nebraska Department of Correctional Services beginning in 2015.

This case was investigated by the Omaha Police Department.

United States Attorney Susan Lehr announced that Patrick Hoshor, 27, of Omaha, Nebraska, was sentenced on July 16, 2024, in federal court in Omaha for distribution of fentanyl. United States District Judge Brian C. Buescher sentenced Hoshor to 168 months’ imprisonment. There is no parole in the federal system. After Hoshor’s release from prison, he will begin a 3-year term of supervised release.

On April 1, 2023, an individual died from an overdose in an Omaha residence. Officers were able to get into the victim’s phone. There were messages about him getting “30’s” from Hoshor on March 31, 2023, at a MegaSaver in Omaha. Officers went to that location and were able to get store video. Officers saw two people meet and one of them arriving in a car belonging to Hoshor. On April 5, 2023, officers used the victim’s phone and set up another meet with Hoshor. Hoshor, not knowing the victim died, showed up and was arrested. He was interviewed and admitted to selling M30s to the victim. Lab analysis revealed the M30 pill contained fentanyl.

This case was investigated by the Drug Enforcement Administration and the Omaha Police Department.

United States Attorney Susan Lehr announced that Steven James Martinez, 24, of Lincoln, Nebraska, was sentenced on July 11, 2024, in federal court in Lincoln for two counts of distribution of five grams or more of methamphetamine. Senior United States District Judge sentenced Martinez to 77 months’ imprisonment on each count to run concurrently (at the same time). There is no parole in the federal system. After Martinez’s release from prison, he will begin a 5-year term of supervised release.

On March 28, 2022, and March 29, 2022, an undercover officer working with the Lincoln/Lancaster County Narcotics Task Force purchased meth from Martinez in Lincoln.  The March 28, 2022, purchase was approximately one ounce, and the March 29, 2022, purchase was approximately two ounces.  Testing showed those two quantities contained a total of at least 52 grams of actual (or pure) meth.

This case was investigated by the Lincoln/Lancaster County Drug Task Force.

United States Attorney Susan Lehr announced that Alexander W. Harlan, 34, of South Sioux City, Nebraska, was sentenced on July 9, 2024, in federal court for possession of child pornography. Chief United States District Judge Robert F. Rossiter, Jr., sentenced Harlan to 63 months’ imprisonment. There is no parole in the federal system. After Harlan’s release from prison, he will begin a 6-year term of supervised release.

On February 16, 2022, Alexander Harlan self-admitted to St. Luke’s Hospital in Sioux City, Iowa. During an interview with a social worker, he admitted to possessing child pornography on his electronic devices. In an interview with an FBI agent, Harlan admitted to having child pornography on his devices and said he purchased child pornography from “overseas retailers” from his residence in South Sioux City, Nebraska.

The FBI searched his apartment and seized 12 devices. The devices were submitted for forensic examination. The forensic examination yielded over 600 images of child pornography on 3 of the devices.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Federal Bureau of Investigation.

United States Attorney Susan Lehr announced that Amarro T. Loera, 27, of Winnebago, Nebraska, was sentenced on July 3, 2024, in federal court in Omaha, Nebraska for assault resulting in substantial bodily injury to a domestic or dating partner. United States District Judge Brian C. Buescher sentenced Loera to 21 months’ imprisonment. There is no parole in the federal system. After Loera’s release from prison, he will begin a 3-year term of supervised release.     

On July 9, 2023, Loera assaulted his domestic and dating partner by hitting and strangling her. The victim suffered bruising to her neck, was bleeding from her face, and had an eye that was swollen shut from the assault. The offense occurred on the Winnebago Indian Reservation and involved a felony assault, giving rise to federal jurisdiction for the offense.   

This case was investigated by the FBI.

United States Attorney Susan Lehr announced that Michael B. Emmanuel, 37, of Omaha, Nebraska, was sentenced on July 3, 2024, in federal court in Omaha for possession of stolen mail, unauthorized use of access devices and aggravated identity theft. United States District Court Judge Brian C. Buescher sentenced Emmanuel to 41 months’ imprisonment for the stolen mail and access device offenses, to run concurrently, and a mandatory consecutive 24 months for the aggravated identity theft offense. There is no parole in the federal system. After Emmanuel's release from prison, he will begin a 3-year term of supervised release.  Emmanuel must also pay $32,972.71 in restitution.   

Starting in about November 2022, residents west of Omaha reported a rash of thefts from their mailboxes, followed by fraudulent accounts being set up or attempted to be set up in their names. During traffic stops and residence searches in January to March 2023, stolen mail, credit and debit cards, identification documents, altered checks and other ID-theft related items were found in the possession of Emmanuel and his co-defendant, Maximino Vallecillo, who was sentenced previously in connection with the same case. Video from area merchants showed Emmanuel, sometimes accompanied by Vallecillo, conducting transactions with debit or credit cards stolen from mailbox theft victims. Emmanuel also set up a bank account using the name of another person and attempted to negotiate altered checks through that account. Investigators identified approximately $68,428 worth of altered checks and attempted transactions that resulted in actual loss of approximately $32,972.71. 

This case was investigated by the Omaha Police Department, the Douglas County Sheriff’s Office, the Sarpy County Sheriff’s Office and United States Postal Inspection Service.

United States Attorney Susan Lehr announced that Daniel Butt, 39, of Grand Island, Nebraska, was sentenced on July 3, 2024 in federal court in Lincoln, Nebraska for making a false statement on a loan application and bankruptcy fraud. Senior United States District Judge John M. Gerrard sentenced Butt to five years of probation.  Butt will also have to serve eight weekends in jail. Butt has also been ordered to pay $192,758.61 in restitution to the U.S. Department of Agriculture, Farm Service Agency.

Between 2016 and 2018, Daniel Butt obtained two loans from the Farm Services Agency (FSA), part of the United States Department of Agriculture. To obtain the loans, he lied about owning cattle as collateral, and he agreed to use the loan for farming expenses. The matter came to the attention of law enforcement when, during bankruptcy proceedings, Butt denied ever having owned cattle. Investigators learned that Butt had multiple financial accounts. He had been spending the loan money on other farming-related debts, car payments, personal expenses, and ATM withdrawals. Butt wrote bad checks to the FSA and he never paid FSA all of the money he earned from farming as was required by the terms of the loan. He avoided repayment obligations by selling grain in his father’s and brother’s names, then lied to the creditors under oath in bankruptcy court when he denied having done this.  He borrowed from many individuals but failed to pay them back. When he filed for bankruptcy, he tried to get the outstanding loan debt to the Department of Agriculture discharged. 

This case was investigated by United States Department of Agriculture, Office of Inspector General.

Dax Roberson, Special Agent-in-Charge, U.S. Department of Agriculture-Office of Inspector General said, “I want to thank the U.S. Attorney’s Office, OIG special agents, and our investigative partners for their hard work on this investigation.  When the integrity of the United States Department of Agriculture’s farm loan programs is violated by criminal conduct, the Office of Inspector General will pursue justice to the fullest extent of the law.”

United States Attorney Susan Lehr announced that Percy J. Bush, 40, of Omaha, Nebraska, was sentenced on July 2, 2024, in federal court in Omaha for production of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Bush to 324 months’ imprisonment. There is no parole in the federal system. After Bush’s release from prison, he will begin a life term of supervised release.  Bush was also ordered to pay $63,000 in restitution to the victims of his crime.

On December 11, 2022, an FBI Child Exploitation Task Force Officer based in Washington, D.C., was acting in an undercover capacity as part of a Child Exploitation Task Force.  The undercover officer was investigating a fetish website where users were known to trade original images of underage children and links containing child pornography. A user using the screen name, ‘Jedipb01,’ eventually identified as Percy Bush, initiated a private chat with the undercover officer within the fetish website and on KIK instant messenger.

During the chat, Bush sent the undercover officer an image of sexually explicit conduct involving a minor victim who was 6-8 years old.  Law enforcement determined that between March 2022 and December 2022, Bush used the minor victim to produce visual depictions of the minor engaged in sexually explicit conduct. During the chat with the undercover officer, Bush also sent a Mega link containing videos depicting preteen girls and boys being sexually abused by adults.

On December 11, 2022, a search was executed by the FBI at an Omaha residence where Bush had been located.  A forensic examination of Bush’s phone and several email accounts identified approximately 101 video files and 1,481 image files of child sexual abuse material. The age range of the children depicted in the materials was between 2 and 14 years old.

Bush was convicted previously of possession of child pornography in 2016 in Douglas County District Court.

This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force.

United States Attorney Susan Lehr announced that Joseph Luis Garcia, 31, of Kearney, Nebraska, was sentenced on July 2, 2024, in federal court in Lincoln, Nebraska for being a prohibited person in possession of ammunition. Senior United States District Court Judge John M. Gerrard sentenced Garcia to 48 months’ imprisonment. There is no parole in the federal system. After Garcia is release from prison, he will begin a 3-year term of supervised release.

On February 10, 2022, Garcia was the driver and sole occupant of a vehicle which was stopped by police in Buffalo County, Nebraska. Garcia admitted he had methamphetamine in his pocket, which an officer found when he searched Garcia. Officers then searched the car Garcia had been driving. A digital scale and glass pipe were found in the center counsel. A black bag was found sitting on the back seat. Inside the bag police found 9mm ammunition. Garcia was prohibited from possessing firearms or ammunition because he was an unlawful user of controlled substances, and due to prior convictions for felony offenses.

This case was investigated by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Nebraska State Patrol, and the Kearney Police Department. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Susan Lehr announced that Clint Huss, 47, of Omaha, Nebraska, was sentenced June 27, 2024, in federal court in Omaha for possession with intent to distribute methamphetamine. United States District Court Judge Brian C. Buescher sentenced Huss to 151 months’ imprisonment. There is no parole in the federal system. After Huss’s release from prison, he will begin a 5-year term of supervised release.

On May 17, 2022, Omaha police narcotics detectives established surveillance at an Omaha motel. Huss exited the motel, went to his vehicle, placed some items inside, and drove away. During a traffic stop based upon traffic violations, Huss consented to a search of his vehicle and told detectives there would be drugs in the vehicle. Detectives found approximately 236 grams (0.52 pounds) of meth in a fanny pack on the front passenger seat.

This case was investigated by the Omaha Police Department.

United States Attorney Susan Lehr announced that Jose De Jesus Hernandez Castellanos, 21, of Beaumont, California, was sentenced June 26, 2024, in Omaha, Nebraska for distribution of 500 grams or more of methamphetamine. United States District Court Judge Brian C. Buescher sentenced Hernandez Castellanos to 100 months’ imprisonment. There is no parole in the federal system. After Hernandez Castellanos’s release from prison, he will begin a 5-year term of supervised release.

In July 2022, a DEA agent went undercover to investigate a group of people who were mailing meth to Omaha from southern California. On July 15, 2022, Hernandez Castellanos phoned the undercover agent, who ordered a pound of meth. The meth, which weighed approximately 850 grams (1.87 pounds), arrived in Omaha on July 27, 2022.

As part of a plea agreement, the prosecution dismissed a conspiracy charge against Hernandez Castellanos in exchange for his guilty plea to distribution. Co-defendant Anthony Torres, 31, is charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine. Torres is in custody in Los Angeles County awaiting trial on California state charges.

This case was investigated by the Drug Enforcement Administration. The Douglas County Sherriff’s Office assisted with forensic testing of the meth and fingerprint analysis.

United States Attorney Susan Lehr announced that Alexis Rodriguez, 22, of Dallas, Texas, was sentenced June 26, 2024, in federal court in Omaha, Nebraska for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine. United States District Court Judge Brian C. Buescher sentenced Rodriguez to 108 months’ imprisonment. There is no parole in the federal system. After Rodriguez’s release from prison, he will begin a 3-year term of supervised release.

On August 2, 2023, Rodriguez arrived at an AutoZone parking lot in Omaha with a co-defendant to drop off meth to two Omaha men. He was arrested by DEA agents along with three co-defendants. In a post-arrest interview after he was advised of his rights, Rodriguez admitted that he had picked up approximately 22.75 kilograms of meth in Houston, Texas and had agreed to transport it to Omaha.

All four co-defendants pleaded guilty to the same charge and received the same sentence. Gregorio Mina-Falcon, 36, and Jose Luis Garcia-Perez, 23, both of Omaha, and Eliuth Montero-Barrera, 24, of Dallas were sentenced earlier this year.

This case was investigated by the Drug Enforcement Administration.

United States Attorney Susan Lehr announced that Angel Garcia, of Omaha, Nebraska, was sentenced on June 24, 2024, in federal court in Lincoln, Nebraska for attempting to access with intent to view child pornography after having previously been convicted of a child pornography offense. Senior United States District Judge John M. Gerrard sentenced Garcia to 120 months’ imprisonment. There is no parole in the federal system. After Garcia is released from prison, he will begin a 7-year term of supervised release.

In 2023, Garcia was on supervised release, following a federal conviction for receiving and distributing child pornography. Concerned about how Garcia was doing on supervised release, probation conducted a search of his residence, which located internet capable devices Garcia was not allowed to possess per the terms of his supervision.

A forensic review of those devices located evidence that Garcia was attempting to access child pornography online. Several keywords, associated with child pornography, were located on websites Garcia had accessed, as well as specific websites dedicated to conversations about child sexual abuse. The forensic review also found that a media player application on the device had played videos with names indicative of child pornography.

This case was investigated by the Douglas County Sheriff’s Office and the U.S. Probation Office.

United States Attorney Susan Lehr announced that Calvin Dugan, 35, of Omaha, Nebraska, was sentenced June 25, 2024, in federal court in Lincoln, Nebraska for possession of child pornography with a prior conviction. Senior United States District Judge John M. Gerrard sentenced Dugan to 132 months’ imprisonment. There is no parole in the federal system. After Dugan’s release from prison, he will begin a 15-year term of supervised release.  Dugan will also continue to be required to register as a sex offender.

Dugan was previously convicted in October 2018 in the United States District Court for the District of Nebraska for possession of child pornography and was on supervised release after serving his prison sentence.  During a polygraph exam which was a required condition of his supervised release, Dugan admitted to being in possession of multiple unapproved electronic and internet capable devices. The following day, in August 2023, probation arrived at Dugan’s residence, where he advised probation officers he had the devices ready to be turned over and handed over an Xbox console and a Samsung Galaxy S9 phone. Previously, Dugan had also told his supervised release officer that he had SD cards. When asked about those, Dugan initially advised they must have fallen out of his bag, but when pressed, ultimately turned over three SD cards hidden inside a deck of playing cards. Three additional thumb drives were observed in plain view and seized by probation. Dugan admitted there would be “pictures of teens” on one of the SD cards.

The electronics were turned over to law enforcement for forensic evaluation. That evaluation revealed over 650 images that constituted child pornography.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

This case was investigated by the Douglas County Sheriff’s Office.

United States Attorney Susan Lehr announced that Francisco Ramirez-Vasquez, 22, of Guatemala, was sentenced on June 25, 2024, in federal court in Lincoln, Nebraska for one count of possession of meth with the intent to distribute. Senior United States District Judge Joseph F. Bataillon sentenced Ramirez-Vasquez to a total of 87 months’ imprisonment for both counts. There is no parole in the federal system. After Ramirez-Vasquez’s release from prison, he will begin a 2-year term of supervised release.

On March 15, 2023, the United States Postal Service (USPS) discovered a suspicious package in the mail.  A drug dog alerted to the presence of narcotics in the package and inside the package, investigators found three bundles of suspected meth that weighed approximately seven pounds.  Investigators obtained a search warrant for the residence in Hastings and completed a controlled delivery of the package on March 16, 2023.  While searching the residence, investigators located the package used during the controlled delivery, a second USPS box containing meth, additional meth in other locations in the residence, cocaine, a suspected drug ledger, $8,026 in U.S. currency, a digital scale, unused sandwich baggies consistent with packaging narcotics, and drug paraphernalia.  Ramirez-Vasquez’s phone was seized and searched.  The phone contained messages related to drug distribution. 

The State Patrol Crime Lab confirmed the substance seized in the USPS boxes was meth, with a total weight over 2665 grams.  A sample weighing 443 grams was tested for purity.  The lab confirmed that the sample contained at least 420 grams of meth actual.

This case was investigated by the Tri-City Drug Enforcement Team (TRIDENT). TRIDENT is a task force with law enforcement personnel from the Adams County Sheriff’s Office, Buffalo County Sheriff’s Office, Federal Bureau of Investigation, Grand Island Police Department, Hall County Sheriff’s Office, Hastings Police Department, Homeland Security Investigations, Kearney Police Department, and the Nebraska State Patrol.

United States Attorney Susan Lehr announced that Clifton Davis, Jr., 23, of Lincoln, Nebraska, was sentenced June 24, 2024, in federal court in Lincoln for being an unlawful user or addict of a controlled substance in possession of a firearm. Senior United States District Judge John M. Gerrard sentenced Davis to 16 months’ imprisonment. There is no parole in the federal system. After Davis’s release from prison, he will begin a 3-year term of supervised release.

Davis initially came to law enforcement’s attention after three guns he had purchased were used by others to commit crimes, including a domestic assault and a homicide. Investigators were able to secure and execute a search warrant on Davis’s home and phone in early June of 2023. Officers found an American Tactical 5.56mm handgun, 32 9mm rounds, 83 .22 rounds, 38 .40 rounds, and the manufacture’s box for an additional weapon. Officers also located marijuana and drug paraphernalia in his house and vehicle.

In an interview with law enforcement, Davis admitted to being a marijuana user, advising he smoked about once a day. On his phone, investigators found numerous conversations about buying, and occasionally selling marijuana, pictures of marijuana and videos of marijuana. Some of these conversations occurred within days of Davis purchasing firearms. Authorities were further able to confirm that the ammunition and firearm had been manufactured outside the state of Nebraska and transported via interstate commerce.

This case was investigated by the Lincoln Police Department and the Federal Bureau of Investigation.

United States Attorney Susan Lehr announced that Michael Mireles, 31, of Omaha, Nebraska, was sentenced June 20, 2024, in federal court in Omaha for conspiracy to distribute methamphetamine. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Mireles to 97 months’ imprisonment. There is no parole in the federal system. After Mireles’s release from prison, he will begin a 5-year term of supervised release.

On May 19, 2022, Omaha Police officers conducted a traffic stop in South Omaha on a vehicle with Mireles identified as the front seat passenger. Mireles admitted to having just left a South Omaha residence under surveillance by gang officers. Mireles said that there were approximately 5 pounds of meth and one firearm in the residence.

That same evening Officers executed a search warrant on the residence that revealed one pound of meth hidden in a bedroom belonging to codefendant, Jose Arevalo-Villalobos. An additional 4 pounds of meth were found in a storage room. A firearm was found in a lockbox hidden in the basement that investigators determined belonged to Jose Arevalo-Villalobos, who was sentenced to 151 months’ imprisonment on January 19, 2024.

This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.

United States Attorney Susan Lehr announced that Mark Smith, 51, of Omaha, Nebraska, was sentenced June 20, 2024, in federal court in Omaha for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. United States District Court Judge Brian C. Buescher sentenced Smith to 160 months’ imprisonment. There is no parole in the federal system. After Smith’s release from prison, he will begin a 4-year term of supervised release.

On July 16, 2022, Omaha police stopped a car for a traffic violation. Smith was the backseat passenger and had a black drawstring bag in-between his feet. Probable cause was developed to search the car and its contents. Inside the drawstring bag, officers found four plastic baggies containing a total of 77 grams of meth, along with a loaded .45-caliber pistol, a digital scale, and $401 cash. The pistol had been reported stolen.

This case was investigated by the Omaha Police Department.

United States Attorney Susan Lehr announced that Bogar Mendez-Marquez, 44, of Omaha, Nebraska, was sentenced June 14, 2024, in federal court in Omaha for conspiracy to distribute and possession with intent to distribute 50 grams or more of actual methamphetamine. Chief United State District Judge Robert F. Rossiter, Jr. sentenced Mendez-Marquez to 87 months’ imprisonment. There is no parole in the federal system. After Mendez-Marquez is released from prison, he will begin a 4-year term of supervised release.

Between July 18, 2022, through February 27, 2023, Mendez-Marquez reached an agreement to distribute over 50 grams of actual meth to others within the District of Nebraska. Mendez-Marquez voluntarily and intentionally joined this agreement and knew the purpose of the agreement was to distribute meth.          

On or about July 18, 2022, law enforcement conducted a traffic stop of a vehicle in Omaha in which Mendez-Marquez was located. Officers seized 2 grams of meth from Mendez-Marquez. 

Mendez-Marquez admitted that he mailed 5 pounds of meth for the drug trafficking organization.

On or about February 27, 2023, law enforcement conducted a controlled buy against Mendez-Marquez and a co-conspirator in Omaha.  Law enforcement organized the drug deal with Mendez-Marquez’s co-conspirator and the co-conspirator informed the undercover agent that they needed to acquire more meth from their source of supply, which was Mendez-Marquez. The co-conspirator met with Mendez-Marquez and acquired approximately a quarter pound of meth and sold it to the undercover agent.  Lab results confirmed the substance was 100.5 grams of actual meth.

This case was investigated by the Drug Enforcement Administration.

United States Attorney Susan Lehr announced that Ricky E. Bennett, age 38, of Bennington, Nebraska, was sentenced on June 14, 2024, in federal court in Omaha, Nebraska for possession of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Bennett to 120 months’ imprisonment. There is no parole in the federal system. After Bennett’s release from prison, he will begin a 10-year term of supervised release. Bennett was also ordered to pay $10,100 in special assessments.

In the late summer to early fall of 2021, Bennett was being investigated for child enticement. During the course of that investigation a search warrant was conducted and his phone and electronic devices were seized on November 3, 2021. Bennett’s electronic devices were forensically reviewed. On a thumb drive of Bennett’s, 183 images, to include duplicates, of child sexual abuse material were located. On a Toshiba hard drive, 162 images of child sexual abuse material were located.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case was investigated by the Douglas County Sheriff’s Office.

United States Attorney Susan Lehr announced that Tyrelle Smiley, 26, of Kearney, Nebraska, was sentenced on June 13, 2024, in federal court in Lincoln, Nebraska for burglary of a United States Post Office. Senior United States District Court Judge John M. Gerrard sentenced Smiley to 22 months’ imprisonment. There is no parole in the federal system. After Smiley’s release from prison, he will begin a 3-year term of supervised release.

On November 17, 2019, two people broke into the U.S. Post Office branch in Rockville, Nebraska. When U.S. Postal employees arrived at work on Monday, November 18, they discovered several items had been taken, including items that were being mailed, U.S. currency belonging to the Post Office, and coils of postal stamps.

Two persons, including the Smiley, were found to have been responsible for other burglaries in the area and became suspects in this burglary. A Postal Inspector met with Smiley. Smiley eventually admitted that he had entered the post office.

The Postal Inspector also interviewed a person who lived in the same apartment as Smiley. That person consented to a search of the apartment. Some of the stolen property was discovered, including a coil of stamps. Those stamps were later examined for fingerprints and Smiley’s fingerprints were found on the coil of stamps.

Judge Gerrard originally sentenced smiley to 30 months’ imprisonment on June 28, 2023. There was a mistaken understanding of when the post office burglary took place relative to other burglaries Smiley had been convicted of committing in state court. That error was discovered on appeal. The Eighth Circuit Court of Appeals then remanded the case for resentencing.

This case was investigated by the United States Postal Inspection Service.

United States Attorney Susan Lehr announced that Richard Garza, 61, of Edinburg, Texas, was sentenced on June 12, 2024, in federal court in Lincoln, Nebraska for tampering with a witness. Senior United States District Judge John M. Gerrard sentenced Garza to 66 months’ imprisonment. There is no parole in the federal system. After Garza’s release from prison, he will begin a 3-year term of supervised release.

Garza was convicted after a jury trial in October 2023, of tampering with a witness.  Evidence presented at trial showed Garza attempted to bribe a witness into testifying falsely on his behalf at his trial when both Garza and the witness were incarcerated in the Saline County Jail.  Garza used a jail text messaging system to communicate with the witness. Garza had a relative put money on the witness’ texting account, and Garza purchased various jail commissary items for the witness, at the witness’ request, such as food and clothing items.  All of this was done to get the witness to testify that Government witnesses lied about their dealings with Garza.  The witness could not truthfully testify about this, because she had no independent knowledge regarding Garza’s dealings or lack of dealings with the other witnesses.

At the time of trial, Garza was also charged with conspiracy to distribute methamphetamine and cocaine, and a separate count of witness tampering.  Garza was acquitted on the second witness tampering charge, and the jury was unable to reach a verdict on the conspiracy charge.  The conspiracy charge was later dismissed.

This case was investigated by the Lincoln/Lancaster County Drug Task Force and the Saline County Sheriff’s Department.

United States Attorney Susan T. Lehr announced that on June 12, 2024, Tre D. Boswell, 27, of Omaha, Nebraska, was sentenced in federal court in Omaha, for bank robbery and brandishing a firearm during and in relation to a crime of violence. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Boswell to 141 months’ imprisonment and to pay $195,217.50 in restitution. There is no parole in the federal system. After his release from prison, Boswell will be required to complete a 5-year term of supervised release.

Boswell and another suspect, brandishing a firearm, robbed, or attempted to rob a series of banks in the Omaha area between December of 2021 and December of 2022. Although Boswell and the second suspect concealed their appearances during the robberies, investigators obtained their general physical descriptions and a detailed description of the firearm they used in the robberies. The suspects threatened bank employees with the firearm and nearly $200,000 was stolen from two banks during the completed robberies. Investigators collected potential DNA evidence throughout the investigation and ultimately obtained warrants authorizing them to obtain a sample of Boswell’s DNA, and to seize and search his cell phone. In addition to the physical descriptions of the suspects and of the firearm, GPS data from Boswell’s phone placed him in the vicinity of the robberies when they occurred, and DNA evidence further corroborated his involvement. The other suspect has not been identified at this time.

This case was investigated by the Federal Bureau of Investigation Great Plains Violent Crimes Task Force and the Omaha Police Department.

United States Attorney Susan Lehr announced that Dylan M. Johnson, 26, of Lincoln, Nebraska, was sentenced on June 12, 2024, in federal court in Lincoln, for one count of possession with intent to distribute methamphetamine and one count of possessing a firearm in furtherance of drug trafficking. Senior United States District Judge John M. Gerrard sentenced Johnson to a total of 180 months’ imprisonment for both counts. There is no parole in the federal system. After Johnson’s release from prison, he will begin a 5-year term of supervised release.

On May 1, 2023, investigators contacted Dylan Johnson at a hotel in Lincoln.  When investigators approached Johnson, he dropped multiple baggies containing suspected meth.  Investigators arrested Johnson and searched his hotel room, where they located more meth in multiple baggies, about 5 grams of cocaine, empty baggies, a scale, approximately $550, and a heat sealer in the room.  They also found a black Omni Hybrid AR-15 rifle and two magazines containing a total of 21 rounds.  Johnson agreed to speak with investigators after his arrest.  During the interview, Johnson admitted to knowing he was a convicted felon and that he purchased the firearm the day before his arrest to help protect himself during drug transactions.  The meth was sent to the State Crime Lab.  The total weight of the meth seized from Johnson’s person and hotel room was 388 grams, included 370 grams of meth actual.

This case was investigated by the Nebraska State Patrol and the Lincoln Police Department.