FEDERAL DISTRICT ARCHIVE
District of Nebraska
Press releases recorded for this federal judicial district.
Omaha Woman Sentenced to 150 Months for MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Tracy Inman, 43, of Omaha, Nebraska, was sentenced today in federal court in Omaha. United States District Judge Brian C. Buescher sentenced Inman to 150 months in prison for one count of possession with intent to distribute 50 grams or more of methamphetamine (actual). After serving her sentence, Inman will be placed on supervised release for 5 years. There is no parole in the federal system.
On or about September 12, 2020, in Omaha, officers with the Omaha Police Department conducted a traffic stop on a minivan driven by Inman due to the vehicle having no plates and no visible in-transits. While officers were conducting a data check and drafting a citation, canine officers arrived and deployed a state-certified drug-detection canine around Inman’s vehicle. The canine indicated to the odor of narcotics emanating from the vehicle. During a search of the vehicle, officers found small baggies containing methamphetamine residue, a tin containing 3.1 grams of methamphetamine mixture, and paraphernalia. Officers searched Inman and found 49.684 grams of methamphetamine. In a backpack on the back seat of the vehicle, officers found an additional 72.172 grams of methamphetamine and a digital scale. At the time of the traffic stop, Inman knew the methamphetamine was in the vehicle and she intended to distribute some or all of the methamphetamine to another person.
Subsequent Nebraska Public Service Laboratory lab tests confirmed the suspected methamphetamine found in Inman’s vehicle was methamphetamine and had a weight of 121.856 grams. The lab tests determined the recovered methamphetamine had a purity of 95%, for a minimum amount of actual methamphetamine of 109.67 grams
This case was investigated by the Omaha Police Department.
Omaha Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Steven Russell announced that Matthew Carlson, 40, of Omaha, Nebraska, was sentenced today in federal court in Omaha for receipt of child pornography. United States District Judge Brian C. Buescher sentenced Carlson to 180 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Carlson will be on supervised release for life.
In November 2021, federal agents began investigating after receiving a Cybertip from Dropbox stating that a user had uploaded child pornography. Agents contacted Carlson who admitted to receiving a link, accessing the Dropbox account, and viewing child pornography. Carlson had two prior convictions for possession of 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 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 Homeland Security Investigations.
Lincoln Man Sentenced to 22 ½ Years in Prison for Distributing Cocaine and Fentanyl Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Steven Russell announced that Franklin Rorebeck, 39, of Lincoln, Nebraska, was sentenced today by Senior United States District Judge John M. Gerrard to 270 months in prison for distributing cocaine and fentanyl resulting in serious bodily injury. After serving his sentence, Rorebeck will serve five years on supervised release. There is no parole in the federal system.
In late July of 2021, Rorebeck sold cocaine which turned out to be laced with fentanyl to one of his customers in Lincoln. Rorebeck’s customer sold the cocaine laced with fentanyl to a third person. The third person provided the drug to a victim who suffered an overdose on July 25, 2021. First responders performed CPR on the victim and administered Narcan. The victim was hospitalized. During a search of the victim’s Lincoln residence, officers found a small white rock on a table next to the bed which tested positive for the presence of fentanyl. A physician specializing in emergency room medicine and toxicology found the victim would have been at substantial risk of dying from the use of cocaine laced with fentanyl if they had not received the Narcan.
This case was investigated by the Lincoln/Lancaster County Narcotics Taskforce.
Grand Jury - April 2023Read the Press Release
United States Attorney Steven Russell announced the federal Grand Jury for the District of Nebraska has returned 9 unsealed Indictments charging 9 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Anthony Jermaine Branch, age 41, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 28, 2022. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Steville D. Burns, age 32, of Omaha, is charged with possession with intent to distribute 500 grams or more of methamphetamine and 400 grams of fentanyl on or about March 23, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Jose Cerritos-Valdez, age 47, is charged with illegal reentry of a removed alien after a felony conviction beginning on or about February 23, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Benjamin Fuller, age 37, is charged with distribution of methamphetamine (actual) to a minor on or about October 18, 2021 and continuing to on or about October 22, 2021. The penalty if convicted is not less than 1 year and up to 40 years’ imprisonment, a $2,000,000 fine, a six-year term of supervised release, and a $100 special assessment.
* Patrick Hoshor, age 26, of Omaha, is charged with distribution of fentanyl resulting in death on or about March 31, 2023. The penalty if convicted is not less than 20 years’ and up to life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Amikhet En Maati a/k/a Warren Coker, age 51, is charged in a five-count Indictment. Count I charges Maati with production of child pornography beginning on or about October 8, 2020 and continuing to on or about October 28, 2020. The maximum possible penalty if convicted is not less than 35 years’ and not more than life imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count II charges Maati with committing Count I while on the sex offender registry beginning on or about October 8, 2020 and continuing to on or about October 28, 2020. The maximum possible penalty if convicted is 10 years’ consecutive imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count III charges Maati with production of child pornography on or about October 28, 2020. The maximum possible penalty if convicted is not less than 35 years’ and not more than life imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count IV charges Maati with committing Count III while on the sex offender registry beginning on or about October 28, 2020. The maximum possible penalty if convicted is 10 years’ consecutive imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count V charges Maati with possession of child pornography on or about September 9, 2022. The maximum possible penalty if convicted is not less than 10 years’ and not more than 20 years’ imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $22,100 in special assessments.
* Chol Magwit, age 20, of Omaha, is charged with interference with airport security screening personnel beginning on or about April 7, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Tobin R. Schaneman, age 45, is charged as a prohibited person (felon) in possession of a firearm on or about March 25, 2022. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Dante Stabler, age 22, is charged in a two-count Indictment. Count I charges Stabler with assault with a dangerous weapon with intent to do bodily harm on the Omaha Nation Indian Reservation on or about February 22, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Stabler with using, carrying, or possessing a firearm during and in relation to a crime of violence on or about February 22, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment consecutive to any other sentence, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Four Men Indicted in Public Corruption CasesRead the Press Release
United States Attorney Steven Russell announced the unsealing of two related indictments. The indictments were unsealed after this morning’s arrests of Omaha City Councilman Vincent J. Palermo, 49, Former Omaha Police Officer Johnny Palermo, 47, Former Omaha Police Captain and Former PACE Executive Director Richard Gonzalez, 55, and Jack Olson, 66, of Council Bluffs, Iowa. The indictments were returned by the Grand Jury this week in Omaha, Nebraska. The indictments are comprised of multiple counts. Each count is merely an accusation, and all defendants are presumed innocent unless and until proven guilty.
In the first indictment (4:23CR3051), Johnny Palermo, Gonzalez, and Olson are charged with defrauding donors of the Latino Peace Officers’ Association (“LPOA”), and the LPOA board. Johnny Palermo and Gonzalez are further charged with defrauding LPOA and Police Athletics for Community Engagement (“PACE”) for their own personal benefit. Palermo is separately charged with wire fraud through an alleged false application to obtain a “Paycheck Protection Program” or PPP loan through his purported real estate company, Palermo Investments, LLC. Palermo is also charged with making false statements to the Small Business Administration in an attempt to get an Economic Injury and Disaster or EIDL loan.
Palermo is further charged with defrauding the citizens of Nebraska and the Omaha Police Department of his honest services as a police officer by accepting a stream of financial benefits from Gonzalez and Olson that influenced Palermo to interfere with an ongoing sexual assault investigation for which Olson is the lead suspect.
In the second indictment (4:23CR3052), Johnny Palermo and Gonzalez are charged with conspiring with Omaha City Councilman Vincent J. Palermo to deprive the citizens of Nebraska of Councilman Palermo’s honest services through paid travel benefits, including a luxury hotel suite, a trip to Las Vegas, and other destinations, among other items of value in exchange for Vincent J. Palermo’s official acts done for the benefit of LPOA and PACE. Johnny Palermo was the President of LPOA and Gonzalez was the Executive Director of PACE and a member of LPOA. Councilman Palermo awarded money to both non-profits and failed to disclose the private benefits that he was receiving while taking official acts for the benefit of LPOA and PACE.
Vincent J. Palermo is further charged with failing to disclose personal benefits, including income, gifts, and other items of value that he received from Omaha Glass Pro, a company that he voted to award city contracts to during the charged timeframes, along with failing to disclose discounted concrete work to his backyard pool that was poured by a concrete contractor that also had contracts with the City of Omaha.
Finally, Vincent J. Palermo is alleged to have concealed his status on federal probation when he applied for a PPP loan for approximately $68,000 that was later forgiven, which money went to the benefit of his sole proprietorship, Vinny’s Tree Service, and for his personal benefit.
Johnny Palermo faces 15 charges in both indictments. The charges include conspiracy to commit wire fraud and conspiracy to commit honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, each in violation of Title 18, United States Code, Section 1349; wire fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1343; honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1346; and making false statements on loan applications, punishable by up to 30 years’ imprisonment, a $1,000,000 fine, and five years of supervised release, in violation of Title 18, United States Code, Section 1014.
Jack Olson is alleged to have solicited funds for LPOA using the false identity of "Cody Jones." Olson is charged with a total of four violations of public law, to include aiding and abetting Officer Johnny Palmero's honest services fraud, punishable by up to 20 years' imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Sections 1346, 1343, and 2 ; conspiracy to defraud LPOA donors and the LPOA, punishable by up to 20 years' imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1349: and wire fraud, punishable by up to 20 years' imprisonment, a $250,000 fine, and three years of supervised release, each in violation of Title 18, United States Code, Section 1343.
Gonzalez faces a total of 13 charges in both indictments. The charges include conspiracy to commit wire fraud and conspiracy to commit honest services fraud, both punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, each in violation of Title 18, United States Code, Section 1349; wire fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1343; aiding and abetting the honest services fraud of Officer Johnny Palermo, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Sections 1346, 1343, and 2; and making false statements on loan applications, punishable by up to 30 years’ imprisonment, a $1,000,000 fine, and five years of supervised release, in violation of Title 18, United States Code, Section 1014.
Councilman Palermo is charged with nine separate violations of federal law, to include conspiracy to commit honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1349; honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Sections 1846 and 1843; wire fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1343, and bank fraud, punishable by up to 30 years’ imprisonment, a $1,000,000 fine, and five years, in violation of Title 18, United States Code, Section 1344.
United States Attorney Russell noted that the indictments and today’s arrests send an important message to those who breach the public’s trust. He added, “I appreciate the tremendous work of the Omaha Division of the Federal Bureau of Investigation and other law enforcement on this important case.”
After the arrests, FBI Omaha Special Agent in Charge Eugene Kowel said, “Public corruption is a top criminal priority for the FBI. Special Agents from the FBI Omaha field office, with the cooperation of our federal, state and local law enforcement partners, worked hundreds of hours on the investigation that led to today’s arrests. We especially appreciate our partnership with the Omaha Police Department in this case. Corruption tears at the foundation of our democracy. No level of corruption should be tolerated or accepted.”
Each of the defendants will make their initial appearance on Monday at 1 p.m. in Lincoln, Nebraska.
This case was investigated by the Federal Bureau of Investigation.
Colorado Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Yadira Chavarria-Enriquez, 44, of Colorado, was sentenced today in federal court in Lincoln, Nebraska, for possession with intent to distribute 500 grams or more of methamphetamine. Senior United States District Judge John M. Gerrard sentenced Robinson to 108 months’ imprisonment. There is no parole in the federal system. After her release from prison, she will begin a four-year term of supervised release. She will also forfeit $26,008 in U.S. currency to the United States.
On March 18, 2022, Chavarria-Enriquez was stopped for a traffic violation in Furnas County, Nebraska. Law enforcement searched the vehicle and located 1.3 kilograms of methamphetamine and $26,008 in U.S. currency.
This case was investigated by the Furnas County, Nebraska, Sheriff’s Office.
Omaha Man Sentenced for Drug ConspiracyRead the Press Release
United States Attorney Steven Russell announced that Elmer Rene Hernandez-Hernandez, 43, of Omaha, Nebraska, was sentenced on April 19, 2023, by United States District Judge Brian C. Buescher for conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine. Hernandez-Hernandez received a sentence of 210 months’ imprisonment with a four-year term of supervised release to follow. There is no parole in the federal system. Hernandez-Hernandez also forfeited $13,400 that was seized as part of the investigation.
On March 18, 2021, the DEA Criminal Interdiction Unit, while working at the United States Post Office in Omaha, intercepted a package containing 3,242 grams of methamphetamine. The package was destined to an address in Omaha. A controlled delivery of the package was completed to the listed address, and Kenneth Flowers accepted the package at the residence. Flowers was then monitored as he exited out his backdoor and walked up the street to deliver the package to the residence of Hernandez-Hernandez. Flowers was arrested after delivering the package.
A search warrant was obtained for Hernandez-Hernandez’s residence. Inside, officers found various small amounts of illicit drugs (cocaine, fentanyl, and marijuana), $13,400, and some firearms. One of the firearms was stolen.
Flowers was sentenced to 40 months’ imprisonment on April 6, 2023 for his role in receiving the package for Hernandez-Hernandez.
This case was investigated by the Drug Enforcement Administration and the Nebraska State Patrol.
Mexican National Sentenced to More than 12 Years’ Imprisonment for Drug Trafficking CrimeRead the Press Release
United States Attorney Steven Russell announced that Bartolo Roman-Tapia, 23, of Mexico, was sentenced on April 19, 2023, in federal court in Omaha, Nebraska, for Possession with Intent to Distribute Methamphetamine. United States District Court Judge Brian C. Buescher sentenced Roman-Tapia to 151 months’ imprisonment. There is no parole in the federal system. After his release from prison he will be subject to deportation. He was also ordered to serve a five-year term of supervised release.
On June 22, 2021, law enforcement officers executed a federal search warrant on a South Omaha apartment. Special Agents encountered Roman-Tapia locked inside the lone apartment bedroom. Within that bedroom Special Agents discovered 28 one-pound packages of methamphetamine, $18,754 in narcotics proceeds, two cellular telephones, a scale, money remitter receipts and drug payment ledger, apartment keys, and a wallet with Roman-Tapia's identification. The $18,754 was previously forfeited to the United States as proceeds from narcotics trafficking.
This case was investigated by Homeland Security Investigations.
Lincoln Man Sentenced to 20 Years for Distributing Cocaine and Fentanyl Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Steven Russell announced that Dylan Roberts, 31, of Lincoln, Nebraska, was sentenced today in federal court in Lincoln. Senior United States District Judge John M. Gerrard sentenced Roberts to 240 months in prison for distributing cocaine and fentanyl resulting in serious bodily injury. After serving his sentence, Roberts will be placed on supervised release for 4 years. There is no parole in the federal system.
On August 18, 2021, Roberts distributed cocaine to an individual at a residence in Lincoln. The individual used that substance in his vehicle outside his residence. Shortly thereafter, he lost consciousness. Emergency personnel arrived on scene and found the victim lying on the ground outside his home. The victim was transported to the hospital, was administered Narcan to reverse the effects of the overdose, and ultimately survived. Law enforcement seized the remainder of the substance sold by Roberts from the victim’s vehicle. A lab determined that the substance contained cocaine and fentanyl.
This case was investigated by the Lincoln/Lancaster County Narcotics Taskforce.
Lincoln Man Sentenced for Receiving Child PornographyRead the Press Release
United States Attorney Steven Russell announced that Michael Dale Bouwens, 69, of Lincoln, Nebraska, was sentenced on April 18, 2023, in Lincoln by Senior United States District Judge John M. Gerrard for receipt of child pornography. Bouwens was sentenced to 84 months in prison and will also serve 10 years on supervised release. There is no parole in the federal system. After serving his prison sentence, Bouwens will also be required to register as a sex offender.
In May of 2021, law enforcement reviewed a cybertip regarding suspected child pornography. The IP address on the cybertip was traced to a residence in Lincoln belonging to Bouwens.
A search warrant was executed on Bouwens’s residence and he was interviewed by law enforcement. He admitted that he had an interest in child pornography and used his laptop to search for child pornography online. He said he had last downloaded child pornography a couple days prior to the interview. A forensic review of several of the devices seized from Bouwens’s home contained approximately 19,666 files that qualify as child pornography and 262 videos of 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 Federal Bureau of Investigation.
Former Oakland Police Chief Pleads Guilty to Misuse of Public FundsRead the Press Release
United States Attorney Steven Russell announced that Terry A. Poland, 33, of Fremont, Nebraska, was arraigned and pleaded guilty today before the Honorable Michael D. Nelson, United States Magistrate Judge, to Misuse of Public Funds. Poland further agreed that he has or will surrender his law enforcement certification before the date set for sentencing, and that he will not work as a law enforcement officer in the future. Sentencing is scheduled for July 25, 2023 before Magistrate Judge Nelson.
During February 2020 to January 2021, Poland purchased about 27 gift cards in four transactions from a sporting goods store operating in Nebraska, using the charge account that the City of Oakland had at the store. The total value of the gift cards that Poland acquired with Oakland’s funds was $14,631.00.
Poland used the gift cards to acquire items for the use of himself and family members. Poland purchased among other things women’s and children’s clothing, an ice fishing house, an auger, fishing equipment and a basketball backboard. Poland acquired the basketball backboard on or about March 22, 2020, in the amount of $949.99. Poland made most purchases using the gift cards at store locations in Nebraska but made at least one purchase online.
An outside auditor questioned the acquisition of the gift cards. At the request of the outside auditor, the Oakland City Clerk requested additional receipts from Poland. Poland stated that all the gift cards were used to purchase ammunition for the Oakland Police Department and provided to the City Clerk five purported receipts, each captioned “Purchase Statement.” Each Purchase Statement was purportedly from the store and reflected the purchase of ammunition on a particular date during August 2020 to January 2021.
The Purchase Statements that Poland provided to the City Clerk were phony. They were not issued by the store, and the transactions, item numbers and item descriptions did not match the store’s records.
This case was investigated by the Federal Bureau of Investigation.
California Man Sentenced for Possession with Intent to Distribute Fentanyl and Fentanyl AnalogueRead the Press Release
United States Attorney Steven Russell announced that Alejandro Berrelleza-Bojorquez, 25, of Los Angeles, California, was sentenced on April 14, 2023, in federal court in Lincoln, Nebraska. Senior United States District Judge John M. Gerrard sentenced Berrelleza-Bojorquez to 76 months in prison for possession with intent to distribute 400 grams or more of fentanyl and 100 grams or more of fentanyl analogue. After completing his sentence, Berrelleza-Bojorquez will be placed on supervised release for 4 years. Berrelleza-Bojorquez faces deportation from the United States following the service of his sentence. There is no parole in the federal system.
On March 7, 2022, a Nebraska State Patrol trooper stopped a vehicle driven by Berrelleza-Bojorquez on Interstate 80 in Dawson County for speeding. His co-defendant, Orlando Castro-Gutierrez, was the passenger. The trooper smelled marijuana odor emanating from the vehicle, and the vehicle was searched. In the trunk, law enforcement found 10 triple-wrapped bags under clothing. Those bags contained about 10,000 pills. Law enforcement also found in the trunk 15 zip-lock baggies in a paper sack that contained about 15,000 pills. The vehicle was towed, and both men were arrested. Upon further search after the tow, law enforcement found a 1 kilogram-sized brick in a box in the trunk. Sample pills from the 10 wrapped bags were tested at the state lab, and the lab confirmed that they contained fentanyl. The pills in those ten wrapped bags weighed over one kilogram. Sample pills from the 15 zip-lock baggies were tested at the lab, and the lab determined they contained para-fluorofentanyl, a schedule I substance and analogue of fentanyl. The pills from those 15 baggies weighed about one and a half kilograms. The brick was tested at the lab as well, and the lab confirmed it contained fentanyl.
Castro-Gutierrez is scheduled to plead guilty on May 3, 2023, in Lincoln.
This case was investigated by the Nebraska State Patrol.
Minnesota Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Steven Russell announced that Ossie Bradley, 52, of Brooklyn Park, Minnesota, was sentenced today by Senior United States District Court Judge John M. Gerrard to a term of 30 months’ imprisonment following his conviction for being a felon in possession of a firearm. After he completes his prison sentence, Bradley will also serve three years on supervised release. There is no parole in the federal system.
On August 17, 2021, Bradley was stopped for a traffic violation by a Lincoln Police officer as Bradley was traveling on Interstate 80 in Lancaster County. The officer could smell the odor of burnt marijuana as he approached the car. The officer asked Bradley to come back to his patrol car to receive a traffic warning. Before Bradley entered the patrol car, the officer performed a pat-down search. During the pat-down, the officer located a handgun tucked in a small holster around Bradley’s waist. The firearm, a Ruger LCP II .380 caliber pistol, had six rounds in the magazine and came back as stolen out of Detroit Lakes, Minnesota. Bradley was prohibited from possessing firearms because of multiple prior felony convictions, the last of which was for being a felon in possession of a firearm in Minnesota.
This case was investigated by the Lincoln 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.
Nebraska Man Sentenced in Methamphetamine ConspiracyRead the Press Release
United States Attorney Steven Russell announced that Douglas Schmidt, 40, of Nebraska, was sentenced today in federal court in Omaha, Nebraska, for conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine. United States District Judge Brian C. Buescher sentenced Schmidt to 180 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a four-year term of supervised release.
On April 20, 2021, Hastings Police Department conducted a traffic stop. Schmidt’s co-defendant, Raquel Bloom, was the driver, and the passenger initially said his name was “Doug Wilson” but was later identified as Douglas Schmidt. Schmidt had an active warrant out of Merrick County and was detained. Law enforcement could smell a distinct odor of marijuana coming from a backpack from behind the driver’s seat. Bloom claimed the backpack was Schmidt’s. A search of the backpack located 426 grams of methamphetamine, 80 grams of marijuana, and numerous items of drug paraphernalia.
Bloom has pleaded guilty to the same conspiracy and is scheduled for sentencing on May 17, 2023.
This case was investigated by the Nebraska State Patrol and the Hastings Police Department.
California Man Sentenced for Conspiring to Distribute Pharmaceutical Drugs & for Firearms OffenseRead the Press Release
United States Attorney Steven Russell announced that Jamal D. Holdman, 27, of California, was sentenced today in federal court in Omaha, Nebraska, for conspiring to distribute pharmaceutical controlled substances and for possessing a firearm in furtherance of drug trafficking. United States District Judge Brian C. Buescher sentenced Holdman to imprisonment for 65 months. Upon release from prison Holdman will be required to complete a 5-year term of supervised release. There is no parole in the federal system.
In the fall of 2019 investigators accessed an online dark net marketplace called “Empire Market” where they observed vendor “norco_king” advertising the sale of pharmaceutical controlled substances such as Oxycodone and Hydrocodone. Over the course of the investigation, investigators made a series of controlled buys of pharmaceutical controlled substances from norco_king on the dark net using an undercover identity. Norco_king accepted payment via Bitcoin and later Monero, both cryptocurrencies. The parcels containing the drugs were mailed from California to an undercover address in Omaha, Nebraska. Investigators reviewed surveillance video from the originating post offices in the vicinity of Desert Hot Springs, California, and identified Jamal Holdman as a suspect.
On June 21, 2021, investigators served a warrant to search Holdman’s residence in Desert Hot Springs. Upon searching the residence, investigators seized approximately 21,000 pills including a significant number of pharmaceutical controlled substances in Holdman’s bedroom including opioids Oxycodone, Hydrocodone, Morphine Sulfate, Hydromorphone, Tapentadol, Methadone, and Tramadol, several amphetamines including Lisdexamfetamine (commercially known as Vyvanse), and several benzodiazepines such as Lorazepam and Alprazolam. In addition, investigators seized 420 pressed “M30” pills, as well as postal service priority mailboxes and pre-paid labels for orders to include one that was addressed to be shipped to Nebraska. Although the color and markings on the “M30” tablets indicated they contained Oxycodone, they were later confirmed through laboratory testing to contain Fentanyl, a Schedule II controlled substance. Investigators also seized two firearms from Holdman’s bedroom near where the drugs were kept.
Holdman told investigators that he packaged and shipped the controlled substances and named Nicolas Decosta as the supplier of the drugs and dark net site vendor. Investigators corroborated this information and arrested Decosta, who will be sentenced on June 1, 2023.
This case was investigated by the United State Postal Inspection Service and the Drug Enforcement Administration.
Omaha Man Sentenced to 87 Months for Distribution of MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Massey Allen, 42, of Omaha and South Sioux City, Nebraska, was sentenced today in federal court in Omaha for distribution of methamphetamine. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Allen to 87 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a four-year term of supervised release.
On June 21, 2022, Allen sold methamphetamine to a cooperating witness working with law enforcement. Forensic testing by a crime laboratory confirmed 139 grams of methamphetamine.
This case was investigated by the Drug Enforcement Agency, the Omaha Police Department, and the Southwest Iowa Narcotics Task Force.
Omaha Man Sentenced for Theft of FirearmsRead the Press Release
United States Attorney Steven Russell announced that Terry Barfield, 19, of Omaha, Nebraska, was sentenced today in federal court in Omaha for stealing firearms from a federally licensed dealer. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Barfield to imprisonment for 36 months to be followed by a 3-year term of supervised release.
On August 8, 2022, forty-four (44) firearms were stolen during a break-in of the store front of Frontier Justice, a Federal Firearms Licensee (FFL), in Omaha. Investigators determined that three suspects broke exterior windows of the store and entered wearing face coverings and gloves. They were observed to be driving a white sedan.
On August 19, 2022, Omaha Police Department (OPD) detectives observed a car matching the description of the sedan used during the break-in of Frontier Justice. OPD officers stopped the car at North 35th and Jaynes Streets and the four occupants fled on foot. A detective observed Barfield in possession of a black handgun which he (Barfield) placed in his waistband while he was fleeing. Three suspects were arrested including Barfield, and Barfield’s cell phone was seized. Detectives searched the area and recovered a Glock 34 9mm handgun. The Glock was later confirmed to have been stolen from Frontier Justice during the August 8, 2022, break-in. Another firearm was found near the car. OPD later obtained a warrant to search Barfield’s cell phone which yielded additional evidence of his involvement in the break-in.
On August 30, 2022, OPD officers executed a warrant to search Barfield’s residence. Investigators recovered another firearm during the search (a CZ P-10c 9mm handgun) which was also confirmed to have been stolen from Frontier Justice. Barfield was arrested and interviewed and admitted the CZ P-10c firearm found at his residence was his, though he falsely claimed he found it at a party. He denied knowing about the break-in at Frontier Justice.
This case was 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was investigated by the Omaha Police Department and the Bureau of Alcohol, Tobacco, and Firearms.
Omaha Man Sentenced for Mail TheftRead the Press Release
United States Attorney Steven Russell announced the Jorge Felix Morejon, 25, of Omaha, Nebraska, was sentenced today in federal court in Omaha for theft of mail. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Morejon to five months’ imprisonment. There is no parole in the federal system. After his release from prison, Morejon will begin a 3-year term of supervised release. Chief Judge Rossiter ordered Morejon to pay restitution in the amount of $25.
In July 2022, United States Postal Inspectors found duct tape rings inside the snorkel of a mail collection box located in Omaha. Postal Inspectors determined that the tape rings were used to collect mail without knowledge of the mailer. The mail could then be manually retrieved from the tape within the mail collection box. Found on the tape were eight fingerprints that were identified as the prints of Morejon. As part of their investigation, Postal Inspectors placed a test mailing containing two gift cards on the tape found in the mail collection box. Surveillance showed Morejon using the gift cards at various locations in Omaha.
Morejon was convicted in 2017 in Miami, Florida, of mail theft using a similar means.
This case was investigated by the United States Postal Inspection Service.
Omaha Woman Sentenced for Drug ConspiracyRead the Press Release
United States Attorney Steven A. Russell announced that Victoria Bindas, 43, of Omaha, Nebraska, was sentenced on April 6, 2023, by United States District Judge Brian C. Buescher for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine. Bindas received a sentence of 121 months’ imprisonment with a five-year term of supervised release to follow. There is no parole in the federal system.
Beginning in mid-2018, a Drug Enforcement Administration task force started investigating the methamphetamine distribution operation of David Duane Short, based out of the Omaha, Nebraska, metro area. This investigation included a court ordered Title III interception of phone calls and text messages, allowing agents to identify the scope of the conspiracy and its’ members. Bindas was intercepted on numerous occasions contacting Short and was obtaining mutli-ounce quantities of methamphetamine. These deals between Short and Bindas were monitored by law enforcement. Bindas was ultimately held responsible for her in buying at least 1200 grams of methamphetamine from Short to distribute.
In addition to Bindas, several members of this multi-state drug trafficking organization have now been sentenced. Edward Glen Summers (Council Bluffs) was sentenced to 180 months’ imprisonment, Kaden Henry (Wisner, Nebraska) was sentenced to 168 months’ imprisonment, Rose Ellen Points (Council Bluffs) was sentenced to 120 months’ imprisonment, Chelsea Leigh Short (Omaha) was sentenced to 132 months’ imprisonment, Christian Gonzalez-Gardea (El Paso, Texas) was sentenced to 135 months’ imprisonment, Rex Lee Kmiecik (Omaha) was sentenced to 132 months’ imprisonment, Robert Root (Council Bluffs) was sentenced to 144 months’ imprisonment, and David Duane Short (Omaha) was sentenced to 210 months’ imprisonment.
This effort was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case was investigated by the Drug Enforcement Administration, Omaha Police Department, Nebraska State Patrol, IRS’s Criminal Investigations, and the Pottawattamie County (Iowa) Sheriff’s Office.
Omaha Citizen Sentenced for Drug Trafficking ConspiracyRead the Press Release
United States Attorney Steven A. Russell announced that Kenneth Flowers, 48, was sentenced on April 6, 2023, in federal court in Omaha, Nebraska, for conspiracy to distribute and possess with intent to distribute 50 grams or more of pure methamphetamine. United States District Judge Brian C. Buescher sentenced Flowers to 40 months imprisonment. There is no parole in the federal system. After his release from prison, Flowers will begin a five-year term of supervised release.
On March 18, 2021, the DEA Criminal Interdiction Unit, while working at the U.S. Post Office in Omaha, Nebraska, intercepted a package containing 1,585 grams of pure methamphetamine. The package was destined to be delivered to an address in Omaha. Undercover special agents delivered the package to the listed address and observed Flowers pick up the package and deliver the package to the residence of Elmer Hernandez. Flowers was then arrested. Hernandez was later arrested for drug and firearm offenses.
Hernandez has pled guilty and is scheduled for sentencing on April 19, 2023.
This case was investigated by the Drug Enforcement Administration.
28 Year Old Sentenced on Drug and Firearm ChargesRead the Press Release
United States Attorney Steven A. Russell announced that Eduardo Marquez, 28, was sentenced April 6, 2023, in federal court in Omaha, Nebraska, for possession with intent to distribute fentanyl and as an addict in possession of a firearm. Chief United States District Judge Robert F. Rossiter Jr. sentenced Marquez to 84 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 4-year term of supervised release.
On April 27, 2021, the Drug Enforcement Administration arranged to purchase 1,000 fentanyl pills from a Mexico-based source of supply using a confidential source. The source of supply provided the confidential source with Marquez’s phone number.
The confidential source, under the direction of law enforcement, successfully purchased the fentanyl from Marquez. Following the purchase, DEA Agents searched Marquez’s residence and recovered 573 grams of cocaine, 139 grams of fentanyl, an AK-47 rifle and a .45 caliber handgun. Marquez was arrested at the residence. He admitted selling cocaine and possessing the .45 caliber handgun.
This case was investigated by the Drug Enforcement Administration.
Guatemalan Woman Sentenced for Use of Fraudulent Identity Documents to WorkRead the Press Release
United States Attorney Steven A. Russell announced that Cristian Yanira Ruiz-Cardona, 28, was sentenced on Thursday, April 6, 2023, in federal court in Omaha, Nebraska, for use of immigration documents not lawfully issued, false representation of a Social Security number with intent to deceive, and for making a false claim to U.S. Citizenship. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Ruiz to probation for a term of 3 years, including a condition for home detention for 180 days. Ruiz may later face removal (deportation) from the United States to Guatemala by immigration authorities.
In March of 2022, Homeland Security Investigations (HSI) received information from the Nebraska Department of Motor Vehicles (NEDMV) Fraud Unit regarding an identity theft case under investigation by the Dixon County Sheriff’s Office (DCSO). A suspect in that case used fraudulent identity documents in the name of C.M. to work at Michael’s Foods in Wakefield, Nebraska. The suspect told the DCSO deputy that she had used a Social Security card and identification card (the fraudulent C.M. identity documents) obtained from Ruiz, and that Ruiz required that the suspect to return them to her (Ruiz) later.
HSI learned that Ruiz had been arrested by the U.S. Border Patrol in 2009, placed in removal proceedings at that time, and released. In 2020, HSI received information that the defendant was selling identity documents in Wakefield, Nebraska. She was arrested again but was released due to lack of jail space. At the time, she was not prosecuted for selling identity documents, but it was determined that she was working for Michael’s Foods in Wakefield under another identity, “A.C.”.
At the time she was arrested in this case she was working at Williams Form Engineering in Wayne, Nebraska under the identity of C.M., the same identity she provided to the suspect in the Dixon County case for use at Michael’s Foods. Ruiz used counterfeit identity documents in C.M.’s name including a Kansas Identification Card and a Social Security Card bearing the C.M.’s Social Security Number, as proof of identity to obtain employment. Ruiz also attested that she was a U.S. Citizen during the hiring process.
This case was investigated by Homeland Security Investigations and the Nebraska Department of Motor Vehicles Fraud Unit.
Elkhorn Man Sentenced to 102 Months for Distributing Child PornographyRead the Press Release
United States Attorney Steven A. Russell announced that John R. Steier, age 32, was sentenced in federal court today in Omaha, Nebraska, for distributing child pornography. Chief United States District Judge Robert F. Rossiter sentenced Steier to 102 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Steier will begin a 10-year term of supervised release. Steier was also ordered to pay $6,000 in restitution and a $4,000 assessment.
Between October 28, 2019, and April 29, 2021, from his Elkhorn, Nebraska, residence, Steier made child pornography available for download on the internet program eMule. On July 19, 2021, from the Glenwood, Iowa, fire department, Steier made child pornography available for download from the same eMule account. Steier was a fireman in Glenwood. On October 14, 2021, agents searched Steier’s Elkhorn residence. During the search, Steier took agents to the Glenwood fire department and agents obtained his laptop. Agents located approximately 80 videos of child pornography (40 unique) on the laptop.
This case was investigated by the Federal Bureau of Investigation and 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.
Walthill Man Sentenced to 110 Months for Drug and Firearm OffensesRead the Press Release
United States Attorney Steven Russell announced that Collin Parker, 29, of Walthill, Nebraska, was sentenced in federal court today in Omaha, Nebraska, for conspiracy to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. United States District Judge Brian C. Buescher sentenced Parker to 110 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Parker will begin a 5-year term of supervised release.
On August 20, 2021, officers stopped a vehicle in Macy, Nebraska, containing four people, including Parker and co-defendant Terrence Sherman. Officers located approximately 123.18 grams of methamphetamine, scales, baggies, and a 12-gauge shotgun. Parker and Sherman had conspired to distribute methamphetamine and they possessed the shotgun in furtherance of that conspiracy. Sherman pled guilty on February 23, 2023, and is scheduled to be sentenced on May 24, 2023.
This case was investigated by the Omaha Nation Law Enforcement Services, the Thurston County Sheriff’s Office, and the Federal Bureau of Investigation.
Omaha Man Sentenced to 57 Months for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Steven Russell announced that Pablo Inda, 33, of Omaha, Nebraska, was sentenced today in federal court in Omaha for being a felon in possession of a firearm. United States District Judge Brian C. Buescher sentenced Inda to 57 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a three-year term of supervised release.
On November 9, 2020, Inda sold an Aero Precision Model X15 .223 rifle to a confidential witness working with law enforcement. The transaction, which occurred at Inda’s residence in Omaha, was audio and video recorded. Inda also sold the confidential witness three 30-round magazines, one 40-round magazine, and 99 rounds of ammunition. The rifle had been reported stolen from a home burglary in Council Bluffs, Iowa, on September 7, 2020.
A second gun sale by Inda on October 19, 2020, of an Intratec Model TecDC9 9mm handgun, to the same cooperating witness was also considered by the court as relevant conduct at sentencing.
Inda is prohibited from possessing firearms under federal law because of a prior felony conviction for unlawful/intentional discharge of a firearm.
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. This case was investigated by Omaha Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Omaha Man Sentenced for Threatening Bank EmployeesRead the Press Release
United States Attorney Steven Russell announced today that Jason Charles Fink, 43, of Omaha, Nebraska, was sentenced today in federal court in Omaha for transmitting an interstate communication containing a threat. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Fink to 12 months and 1 day of imprisonment. There is no parole in the federal system. After his release from prison, Fink will begin a three-year term of supervised release.
On May 26, 2021, Fink, using his cellphone in Omaha left a voicemail with Community State Bank at their Ankeny, Iowa branch. In the voicemail Fink threatened to harm Community State Bank employees. Fink’s voicemail was eventually received by employees of Community State Bank who reported the voicemail to law enforcement.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partner: the Federal Bureau of Investigation. For more information about Project Guardian, please see www.justice.gov/archives/ag/about-project-guardian.
Omaha Man Sentenced for Distributing Child PornographyRead the Press Release
United States Attorney Steven A. Russell announced that Michael Dickmeyer, 24, was sentenced today in federal court in Omaha for distribution and receipt of child pornography. The Honorable Brian C. Buescher sentenced Dickmeyer to 96 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Dickmeyer will serve 5 years of supervised release. Dickmeyer was also ordered to pay $21,000 in restitution.
In October 2021, law enforcement began investigating after receiving a Cybertip from Twitter stating that a user had uploaded child pornography. Investigators contacted Dickmeyer who admitted to accessing, viewing, and trading images and videos of child pornography online. Investigators searched Dickmeyer’s cell phone and observed more than 700 images and videos of child pornography on the device.
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.
Last Conspirator Sentenced in Methamphetamine Drug RingRead the Press Release
United States Attorney Steven A. Russell announced that Dustin Charles Vogel, 36, was sentenced today in federal court in Omaha, Nebraska, for his participation in a methamphetamine drug conspiracy. United States District Judge Brian C. Buescher sentenced Vogel to 140 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a five-year term of supervised release.
On October 6, 2021, deputies from the Douglas County Sheriff’s Office and the Metro Fugitive Task Force were attempting to locate co-defendant Haley Coffman, who had an outstanding felony warrant for violating her bond conditions on a charge of possessing methamphetamine in Douglas County Court.
Responding to a tip, law enforcement located Coffman at an Omaha area motel. Law enforcement set up surveillance and observed Coffman, Vogel, and Jonathan Miller leaving the hotel and getting into a vehicle, which law enforcement then approached.
The driver of the vehicle, Miller, put the car in reverse and backed up toward law enforcement, striking the front of one of their vehicles with the back of the Impala. An officer was seated in the vehicle when it was hit. Miller then drove his vehicle from the area at a high rate of speed before crashing in a construction area. Miller, Vogel, and Coffman fled on foot before being apprehended a short time later by law enforcement.
During an inventory search of the vehicle, a large amount of suspected methamphetamine was found in a bag on the floorboard. The bag was accessible to all three occupants. A forensic laboratory analyzed the suspected narcotics and determined it to be methamphetamine having a purity of 86.9%, resulting in an actual weight of 255.1 grams.
Haley M. Coffman was sentenced on November 16, 2022, to 170 months’ imprisonment and 5 years’ supervised release for her participation in the drug conspiracy.
Jonathan Miller was sentenced on August 24, 2022, to 205 months’ imprisonment for his participation in the drug conspiracy and for assault, resisting or impeding an officer with a dangerous or deadly weapon. He was sentenced to 5 years total of supervised release on both charges.
This case was investigated by the Douglas County Sheriff’s Office, Metro Fugitive Task Force, and Drug Enforcement Administration.
Sinaloa Cartel Distributor Sentenced for Methamphetamine Conspiracy and Firearms CrimesRead the Press Release
United States Attorney Steven Russell announced that Jose Leyva-Martinez, 49, was sentenced today in federal court in Omaha, Nebraska, for his participation in a methamphetamine drug conspiracy and for possessing a firearm during a drug trafficking crime. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Leyva-Martinez to 210 months’ imprisonment on the drug charge and a consecutive 60 months’ imprisonment on the firearm charge for a total sentence of 270 months. There is no parole in the federal system. After his release from prison, he will begin a five-year term of supervised release.
On March 31, 2021, an Omaha Police confidential source purchased more than 50 grams of methamphetamine from an Omaha-based methamphetamine dealer. A search of the dealer’s home resulted in the seizure of more than 300 grams of methamphetamine, 19 grams of heroin, 14 grams of cocaine, a Glock 10mm handgun, and $5,744 in United States currency.
In an interview with police, the Omaha dealer provided police with the name of his supplier: Leyva-Martinez. With this information, officers searched Leyva-Martinez’s home, seizing nearly 4 kilograms of methamphetamine, 1 kilogram of cocaine, money transfer receipts, ammunition, 2 drug scales, vehicle titles for a gray Toyota Tacoma, a gray Honda civic, and a black GMC 1500, a money counter, drug ledger, jewelry, $468,990.00 in United States currency, and an Astra 9mm handgun. The handgun was found in a bedroom near $28,000 in United States currency.
Leyva-Martinez admitted being a methamphetamine supplier and distributor for the Sinaloa Cartel. He admitted that all three vehicles and the residence were put in his name at the direction of the Cartel. Law enforcement estimated that the seized currency represented cash proceeds from the sale of more than 100 pounds of methamphetamine.
Leyva-Martinez’s home, vehicles, monies, and other valuables were seized by law enforcement as proceeds of narcotics trafficking.
This case was investigated by the Omaha Police Department.
Omaha Man Sentenced to 51 Months for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Steven Russell announced that MacAnthony Gordon, 37, of Omaha, Nebraska, was sentenced today in federal court in Omaha for being a felon in possession of a firearm. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Gordon to 51 months’ imprisonment. There is no parole in the federal system. After Gordon’s release from prison, he will begin a three-year term of supervised release.
On April 4, 2021, Omaha police were called to an apartment building for a report of shots fired. Arriving officers saw a man matching the suspect description sitting on the porch. The man stood up and entered the apartment building. A search of the area discovered a spent shotgun shell casing in the building’s parking lot near a vehicle with apparent fresh damage from a shotgun. Police secured the building and called out the occupants, one of which was Gordon. A search of one of the apartment units uncovered a Mossberg 12-gauge shotgun in Gordon’s bedroom along with shotgun ammunition that matched the shell casing from the parking lot. During a post-arrest interview, Gordon denied the shooting but admitted to possessing the shotgun. Gordon has felony convictions for possession of a controlled substance, possession of a defaced firearm, and domestic assault 2nd degree. As a result of the felony convictions, he is prohibited from possessing firearms.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: the Omaha Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. For more information about Project Guardian, please see www.justice.gov/archives/ag/about-project-guardian.
Omaha Man Sentenced to 130 Months for Distributing Child PornographyRead the Press Release
United States Attorney Steven Russell announced that Davonte Andrews, 27, of Omaha, Nebraska, was sentenced today in federal court in Omaha for distributing child pornography. United States District Judge Brian C. Buescher sentenced Andrews to 130 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Andrews will begin a 5-year term of supervised release.
On July 18, 2020, Andrews distributed approximately 11 images of child pornography over the internet via his Discord account. The Discord account contained chat messages between Andrews and another user concerning child pornography. On January 21, 2021, agents searched Andrews’s Omaha residence and located child pornography on his digital devices. There was approximately 905 images and 52 videos of child pornography depicting children between the ages of three and five years old, and 196 images and 58 videos depicting children between the ages of six and eight years old. The child pornography depicted children as young as two years old.
This case was investigated by the Federal Bureau of Investigation and 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.
Omaha Man Found Asleep in Vehicle Illegally Possessing FirearmsRead the Press Release
United States Attorney Steven Russell announced that Cortez Davieon Grennell, 22, of Omaha, Nebraska, was sentenced on March 29, 2023, in federal court in Omaha, for Prohibited Person in Possession of Firearms. United States District Judge Brian C. Buescher sentenced Grennell to 46 months’ imprisonment. He was also ordered to serve three years of supervised release after his release from prison. There is no parole in the federal system.
On April 11, 2022, law enforcement was dispatched to North 34th Avenue and Larimore in Omaha regarding a vehicle that had been parked and running for two hours. Officers approached the vehicle and observed Grennell alone and asleep. When law enforcement opened the door, they observed in plain view a sawed-off shotgun and handgun. Grennell admitted he was addicted to methamphetamine and should not have been in possession of the firearms. It is a federal crime for someone that is an unlawful user of, or addicted to, a controlled substance to possess a firearm.
This case was investigated by the Omaha 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.
Omaha Woman Sentenced to more than 11 Years’ Imprisonment for Methamphetamine ChargeRead the Press Release
United States Attorney Steven Russell announced that Karen Barba-Franco, 23, of Omaha, Nebraska, was sentenced today in federal court in Omaha for Conspiracy to Distribute and Possession with Intent to Distribute Methamphetamine. United States District Court Judge Brian C. Buescher sentenced Barba-Franco to 135 months’ imprisonment. After completing her term of imprisonment, Barba-Franco will be required to serve a three-year term of supervised release as there is no parole in the federal system.
On July 19, 2021, Omaha police officers conducted a traffic stop in South Omaha of a vehicle containing Barba-Franco and two co-defendants, Mauricio Canales-Santiago and Antonia Lopez-Tiznado. Consent to search the vehicle was granted and officers located approximately 2 pounds of methamphetamine. A subsequent search warrant was executed on their Omaha residence revealing an additional 19 pounds of methamphetamine. All three gave post-arrest statements admitting their involvement in distributing methamphetamine with one another during the prior two weeks.
Canales-Santiago has a trial date pending. Lopez-Tiznado pled guilty and was sentenced on February 8, 2023, to 135 months’ imprisonment.
This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
Lincoln Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Steven Russell announced that Deigo Carter, Jr., 21, of Lincoln, Nebraska, was sentenced on March 24, 2023, by Senior United States District Court Judge John M. Gerrard to a term of 48 months’ imprisonment following his conviction for being a felon in possession of a firearm. After he completes his prison sentence, Carter will also serve three years on supervised release. There is no parole in the federal system.
In September 2021, Lincoln police officers noticed Carter posting images of firearms on social media. In one video, investigators observed defendant handling a handgun with a unique laser attachment. On September 7, 2021, Carter posted an advertisement for narcotics sales on social media. That evening, police saw Carter leave a residence in a car with others. Investigators noticed a green laser light coming from the car that matched the laser light they had seen on Carter’s social media. The car parked at a Lincoln business, the occupants got out and went inside, then came out and got back in the car, at which time police contacted them. At the time, Carter was serving a term of post-release supervision due to two felony convictions from Lancaster County. He was prohibited from possessing firearms and ammunition because he was a felon.
Police recognized Carter, who was in the front passenger seat, from his social media postings. On the driver’s side floor, investigators saw a firearm light attachment similar to the one seen in defendant’s social media postings. Investigators saw a battery used for the attachment on the ground outside of the car, and Carter had a battery for the light in his pocket. In the trunk, police found jars of marijuana residue. In the back seat, police located a THC product Carter had been advertising for sale on social media. One of the backseat passengers had a bag of marijuana on his person. Police also located a stolen pistol containing an extended, loaded magazine. This appeared to be one of the same guns police noticed in Carter’s social media. Investigators obtained DNA samples from the gun and learned that Carter was included as a person who left his DNA on the gun. The handgun, which was manufactured outside of Nebraska, had been reported stolen from a Lincoln apartment about a month prior to September 7, 2021.
Carter’s sentence was enhanced because he possessed the firearm in connection with drug distribution.
This case was investigated by the Lincoln Police Department and the FBI. 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.
Garland Man Sentenced for Producing Child PornographyRead the Press Release
United States Attorney Steven Russell announced that Matthew French, 36, of Garland, Nebraska, was sentenced on March 24, 2023, in Lincoln, Nebraska, by Senior United States Senior District Judge John M. Gerrard for two counts of producing child pornography. French was sentenced to 225 months in prison and will also serve 12 years on supervised release. There is no parole in the federal system. After serving his prison sentence, French will be required to register as a sex offender.
This case began when a school intercepted an email intended for one of its minor students that contained sexually explicit language and requested sexual-related information and photos from the minor. An investigation was opened to determine the identity of the sender of the email. Through investigation, French was identified as the sender.
Through the subsequent investigation it was determined that French would meet minors through his small business, introduction from other minors, or through Snapchat. He would initiate a conversation with the minors and eventually would explain an opportunity to them to make money through “odd easy work.” He would then provide the minor the email address for a fictional individual. French explained to his victims that this fictional person wrote sex stories online and that they wanted the minor’s information to write these stories.
Using the fictional email address, French would pose as the third person and send the minor victims a survey with detailed questions about their sexual activities, proclivities, and anatomy. The email indicated the third person would pay the minor for a response to the survey. The email further contained options to make more money by taking certain sexually related photographs.
A search warrant was received for the email address, related-Google drive, and Google photos accounts and for French’s residence and devices. In reviewing this evidence, investigators discovered copious sexually explicit files. Investigators were able to positively identify four minor victims who provided sexually explicit images or videos to French at his request and who were paid by French.
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 Seward County Sheriff’s Office.
Grand Island Woman Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Kendra R. Baker, 37, of Grand Island, Nebraska, was sentenced today in federal court in Lincoln. Senior United States District Judge John M. Gerrard sentenced Baker to 54 months in prison for distribution of 50 grams or more of methamphetamine mixture and 5 grams or more of methamphetamine actual. After serving her sentence, Baker will serve a 3-year term of supervised release. There is no parole in the federal system.
In March and April of 2021, drug investigators used a confidential informant to arrange the controlled purchase of methamphetamine from Baker. Four methamphetamine purchases were conducted during that time period at various locations in Grand Island and Hastings. The quantities purchased during those buys ranged from a half ounce to two ounces of methamphetamine. Baker sold in total over 125 grams of lab-confirmed methamphetamine. Some of that methamphetamine was tested for purity and determined to contain at least 74 grams of actual methamphetamine.
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.
Lincoln Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Dillen Lynn Marzolf, 30, of Lincoln, Nebraska was sentenced on March 23, 2023, by Senior United States District Judge John M. Gerrard to 15 years in federal prison for possession with the intent to distribute 50 grams or more of actual methamphetamine with a prior serious felony drug conviction. Following the prison term, Marzolf will serve 10 years on supervised release. There is no parole in the federal system.
In late September of 2021, a confidential informant, working with the Lincoln/Lancaster County Narcotics Task Force, bought a total of approximately 19 grams of methamphetamine from Marzolf at his apartment in Lincoln. On October 1, 2021, investigators obtained a search warrant for his apartment. Marzolf was stopped after leaving the apartment prior to the execution of the warrant and was found in possession of a baggie containing 99 blue pills marked “M30.” He also a had total of about 1 ¼ ounces of marijuana, more than $1,000 in cash and a digital scale. Marzolf was wearing an ankle monitor and said he was on parole. During the search of his apartment, four baggies of methamphetamine and numerous items of drug paraphernalia were found. Testing at the Nebraska State Patrol Crime Lab showed a total of approximately one pound of methamphetamine mixture. Two of the baggies were tested for purity and were found to contain at least 200 grams, (approximately seven ounces) of actual methamphetamine. Marzolf admitted the methamphetamine belonged to him. Marzolf said he had about five customers and had last sold methamphetamine earlier that day. He said the pills were fentanyl which he also intended to sell, and some of the cash came from drug sales.
At the time of his arrest, Marzolf was on parole from an Adams County conviction for distribution of marijuana. He was sentenced to 10 to 15 years in 2012 for that crime. His state parole was revoked following his arrest in the federal case. Marzolf’s federal sentence will run consecutive to (after) the remainder of his state sentence.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Grand Island Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
United States Attorney Steven Russell announced that Mark A. Barraza Saenz, 22, of Grand Island, Nebraska, was sentenced today in federal court in Lincoln, Nebraska, for possessing with intent to distribute 50 grams or more of methamphetamine and possessing a firearm in furtherance of that drug trafficking crime. Senior United States District Judge John M. Gerrard sentenced Barraza Saenz to 72 months’ imprisonment on the drug charge and a consecutive 60 months’ imprisonment on the firearm charge, for a total sentence of 132 months. There is no parole in the federal system. After his release from prison, he will begin a five-year term of supervised release.
On October 12, 2021, in the early morning hours, a Merrick County Sheriff’s Office deputy observed a silver sedan heading east bound in Central City, Nebraska. Based on driving infractions, the deputy initiated a traffic stop. Two males were in the sedan, including Barraza Saenz in the front passenger seat. Barraza Saenz admitted to smoking marijuana approximately an hour earlier and consented to the deputy searching him. While searching Barraza Saenz, the deputy found two bundles of methamphetamine. The deputy then searched the trunk of the sedan and found a bag containing methamphetamine. Under the bag was an American Tactical M1911 Military .45 caliber semi-automatic pistol with the magazine containing one bullet next to it. The methamphetamine from Barraza Saenz’s person and the vehicle was laboratory tested and confirmed to be approximately 209 grams of methamphetamine.
This case was investigated by the Federal Bureau of Investigation and Merrick County Sheriff’s Office.
Couple Sentenced for Failure to Pay Withheld Payroll TaxesRead the Press Release
United States Attorney Steven Russell announced that William H. White, 55, and Sarah A. White, 40, husband and wife, formerly of Roca, Nebraska, were sentenced on March 21, 2023, by the Senior United States District Judge John M. Gerrard for Failure to Pay Over Employment Tax that had been withheld from employees’ paychecks. William White was sentenced to one year and one day imprisonment, to be followed by three years of supervised release. Sarah White was sentenced to three years of probation and a fine of $10,000. Each was ordered to pay $426,047.75 restitution but was credited for payments they had made previously totaling that same amount.
William and Sarah White owned two businesses that operated in tandem -- B&B Midwest Trucking (B&B) and 419, LLC (419). During portions of 2015 to 2018, B&B and 419 withheld federal income taxes and FICA taxes (Social Security and Medicare) from employees’ paychecks but failed to account for those taxes on time and to pay them over to the Internal Revenue Service. The withheld employee payroll taxes totaled $144,220.31 for B&B, and $281,827.44 for 419. Each business had sufficient funds available to pay the payroll taxes when due. William and Sarah White were aware of the obligation to account for and pay the payroll taxes and were responsible to pay them, but instead used the funds withheld from employees’ paychecks to pay other business creditors and to pay for personal expenses. The businesses had further failed to pay over the employer’s share of payroll taxes to the IRS, but the Whites paid those amounts as well prior to sentencing.
“Business owners have a significant duty to collect and turn over all IRS withholding taxes,” said Thomas F. Murdock, Special Agent in Charge, IRS Criminal Investigation, St. Louis Field Office. “Those who fail to do so gain an unfair competitive advantage. The failure to abide by IRS laws will not be tolerated, and those criminals will be prosecuted to the fullest extent of the law.”
This case was investigated by the Internal Revenue Service.Lincoln Man Sentenced to 10 Years in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Travis J. Nyhoff, 41, of Lincoln, Nebraska, was sentenced today in federal court in Lincoln. Senior United States District Judge John M. Gerrard sentenced Nyhoff to 10 years in prison for possession with intent to distribute 50 grams or more of methamphetamine (actual). After serving his sentence, Nyhoff will be placed on supervised release for 5 years. There is no parole in the federal system.
On September 21, 2021, investigators with the Lincoln Police Department saw Nyhoff walking on a sidewalk in Lincoln. The investigators determined that Nyhoff had warrants for his arrest. The investigators contacted Nyhoff at a gas station parking lot. Nyhoff was carrying a backpack with a smaller bag clipped to it. They arrested Nyhoff pursuant to those warrants and searched his person. They found a glass meth pipe with residue on his person. During his arrest, he dropped the backpack he was carrying. Officers searched the bag attached to the backpack and found three baggies containing suspected methamphetamine. Investigators found in the backpack a digital scale with suspected methamphetamine residue. The suspected methamphetamine was sent to the lab for testing. The lab determined that the largest bag contained 60.23 grams of methamphetamine, of which at least 58 grams was actual methamphetamine. The other two bags were confirmed to contain methamphetamine and totaled 80.2 grams.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Lincoln Man Sentenced to 10 Years in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Daniel Drews, 41, of Lincoln, Nebraska, was sentenced today in federal court in Lincoln. Senior United States District Judge John M. Gerrard sentenced Drews to 10 years in prison for possession with intent to distribute 5 grams or more of methamphetamine (actual) with a prior serious drug felony conviction. Because of Drews’s prior drug trafficking conviction, he faced a 10-year mandatory minimum sentence. After serving his sentence, Drews will be placed on supervised release for 8 years. There is no parole in the federal system.
On May 10, 2022, drug investigators were surveilling a residence in Lincoln. Investigators saw Drews and two others exit the residence and get in the vehicle. Drews got in the passenger side of the vehicle. The vehicle departed and officers followed. Law enforcement stopped the vehicle for a traffic violation, and Drews exited the vehicle and started walking away with a backpack. Officers instructed him not to run, but he ran and threw the backpack on the ground. Drews was eventually apprehended and taken into custody. Officers searched the backpack that he threw on the ground and found two bags of marijuana, a gun, and a knife. Officers searched his person and found two baggies of suspected methamphetamine and $240 in currency. The suspected methamphetamine was sent to the lab for testing. The lab confirmed that there was at least 22.5 grams of methamphetamine, of which at least 21 grams was actual methamphetamine.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Lincoln Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Rogelio Torres-Rodriguez, 26, of Lincoln, Nebraska, was sentenced today by Senior United States District Judge John M. Gerrard to three years and four months in federal prison for possession with the intent to distribute 50 grams or more of actual methamphetamine. Following the prison term, Torres-Rodriguez will serve three years on supervised release. There is no parole in the federal system.
On May 25, 2022, the Drug Enforcement Administration, (DEA), intercepted a package at United Parcel Service in Lincoln, and a trained canine indicated the odor of drugs. The Nebraska State Patrol obtained a search warrant for the package which was found to contain approximately four pounds of methamphetamine. Purity testing at the DEA lab showed more than 1.6 kilograms, (approximately 3 ½ pounds), of actual methamphetamine. An undercover DEA agent delivered a similar-looking package containing about half the methamphetamine to the listed address in Lincoln where it was accepted by Torres-Rodriguez. A search warrant was then executed at that residence for the package, and Torres-Rodriguez was arrested. He waived his rights and told investigators he was expecting the package and knew it contained methamphetamine. Torres-Rodriguez said he intended to turn it over to another person who was supposed to pay him for accepting the package.
This case was investigated by the DEA and the Nebraska State Patrol.
Grand Jury - March 2023Read the Press Release
United States Attorney Steven Russell announced the federal Grand Jury for the District of Nebraska has returned 16 unsealed Indictments charging 16 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Angelica Agena, age 40, of Lincoln, Nebraska, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about June 29, 2022. The penalty if convicted is not less than 5 years’ and up to 40 years’ imprisonment, a $5,000,000 fine, not less than four years and up to a life term of supervised release, and a $100 special assessment.
* Victor Hugo Cansino Monzon, age 29, is charged in a two-count Indictment. Count I charges Cansino Monzon with illegal reentry after deportation on or about March 6, 2023. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment. Count II charges Cansino Monzon with resisting, opposing, impeding and interfering with an officer on or about March 6, 2023. The maximum possible penalty if convicted is 1 year imprisonment, a $100,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Estefan Bernardino Chavez, age 29, of Norfolk, Nebraska, is charged with production of child pornography beginning on or about January 31, 2023 and continuing to on or about February 28, 2023. The maximum possible penalty if convicted is not less than 15 years’ and not more than 30 years’ imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments.
* Luis Duran, a/k/a Luis Duran-Salcedo, age 20, of Omaha, Nebraska, is charged with assault of a dating partner by strangulation or suffocation on the Winnebago Indian Reservation on or about March 16, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Matthew McCann, age 35, of Omaha, Nebraska, is charged in a two-count Indictment. Count I charges McCann with distribution of child pornography with a prior conviction on or about January 7, 2023. The maximum possible penalty if convicted is not less than 15 years’ and not more than 40 years’ imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $40,100 in special assessments. Count II charges McCann with possession of child pornography with a prior conviction on or about January 7, 2023. The maximum possible penalty if convicted is not less than 10 years’ and not more than 20 years’ imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $22,100 in special assessments.
* Fernando Montoya-Amezcua, age 46, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about March 14, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency and property seized on or about March 14, 2023.
* Carmen Perez Catu a/k/a Jess Manuel Calvillo, age 39, is charged with illegal reentry after deportation on or about May 9, 2022. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Edgar Ignacio Salas Zarate, age 30, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about December 7, 2022. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Tobin R. Schaneman, age 45, is charged as a felon in possession of a firearm on or about March 25, 2022. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Adan Silva-Valencia, age 43, is charged with illegal reentry of a removed alien after a felony conviction beginning on or about September 11, 2022 and continuing to on or about March 7, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Juan Carlos Tapia-Torres, age 43, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about March 14, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $5,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* David Valdez Ramirez, age 35, is charged in a two-count Indictment. Count I charges Valdez Ramirez with illegal reentry after a felony conviction on or about March 6, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Valdez Ramirez with resisting, opposing, impeding and interfering with an officer on or about March 6, 2023. The maximum possible penalty if convicted is 1 year imprisonment, a $100,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Nicolas Vicente Lares, age 25, is charged with illegal reentry after being removed as an alien on or about March 1, 2023. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Steven Owen Watson, age 46, of Lincoln, Nebraska, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) and 50 grams or more of methamphetamine (mix) on or about September 26, 2022. The penalty if convicted is not less than 5 years’ and up to 40 years’ imprisonment, a $5,000,000 fine, not less than four years and up to a life term of supervised release, and a $100 special assessment.
* Cameron Woods, age 44, of Omaha, Nebraska, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) with prior drug felony on or about April 16, 2022. The penalty if convicted is not less than 15 years’ and up to life imprisonment, a $20,000,000 fine, not less than ten years and up to a life term of supervised release, and a $100 special assessment.
* Domingo Zetino Hernandez, age 20, of Norfolk, Nebraska, is charged in a two-count Indictment. Count I charges Zetino Hernandez with false representation of a social security number with intent to deceive on or about December 5, 2022. The maximum possible penalty if convicted is a 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Zetino Hernandez with use of false immigration documents not lawfully issued on or December 5, 2022. The maximum possible penalty if convicted is a 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Couple Sentenced for Failure to Pay Withheld Payroll TaxesRead the Press Release
United States Attorney Steven Russell announced that William H. White, 55, and Sarah A. White, 40, husband and wife, formerly of Roca, Nebraska, were sentenced on March 21, 2023, by the Senior United States District Judge John M. Gerrard for Failure to Pay Over Employment Tax that had been withheld from employees’ paychecks. William White was sentenced to one year and one day imprisonment, to be followed by three years of supervised release. Sarah White was sentenced to three years of probation and a fine of $10,000. Each was ordered to pay $426,047.75 restitution but was credited for payments they had made previously totaling that same amount.
William and Sarah White owned two businesses that operated in tandem -- B&B Midwest Trucking (B&B) and 419, LLC (419). During portions of 2015 to 2018, B&B and 419 withheld federal income taxes and FICA taxes (Social Security and Medicare) from employees’ paychecks but failed to account for those taxes on time and to pay them over to the Internal Revenue Service. The withheld employee payroll taxes totaled $144,220.31 for B&B, and $281,827.44 for 419. Each business had sufficient funds available to pay the payroll taxes when due. William and Sarah White were aware of the obligation to account for and pay the payroll taxes and were responsible to pay them, but instead used the funds withheld from employees’ paychecks to pay other business creditors and to pay for personal expenses. The businesses had further failed to pay over the employer’s share of payroll taxes to the IRS, but the Whites paid those amounts as well prior to sentencing.
“Business owners have a significant duty to collect and turn over all IRS withholding taxes,” said Thomas F. Murdock, Special Agent in Charge, IRS Criminal Investigation, St. Louis Field Office. “Those who fail to do so gain an unfair competitive advantage. The failure to abide by IRS laws will not be tolerated, and those criminals will be prosecuted to the fullest extent of the law.”
This case was investigated by the Internal Revenue Service.
Colorado Man Sentenced to 31 Years for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Jose O. Maes, 38, of Colorado Springs, Colorado, was sentenced today in Lincoln, Nebraska, by Senior United States District Judge John M. Gerrard to 31 years in federal prison for conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine mixture with a prior violent felony conviction. Maes was convicted of the offense in November of 2022 after a three-day trial. Following the prison term, Maes will serve 15 years on supervised release. There is no parole in the federal system.
Testimony and evidence presented at trial showed between June of 2020 and February 12, 2021, Maes was involved in a methamphetamine distribution organization which transported multiple pounds of methamphetamine from the Colorado Springs, Colorado, area to the Lincoln and Omaha, Nebraska/Council Bluffs, Iowa areas between the latter part of 2020 and February 12, 2022.
On February 11, 2022, investigators with the Lincoln/Lancaster County Narcotics Task Force saw Maes meet with two co-conspirators at the Horseshoe Casino in Council Bluffs. The three were engaged in what appeared to be the transfer of drugs in the casino parking garage. Shortly thereafter, an exchange of cash occurred at a nearby gas station. Later that evening, the two co-conspirators, driving separate vehicles, were stopped on westbound Interstate 80 on their way back to Lincoln by the Nebraska State Patrol. Both vehicles were searched, and a total of approximately four pounds of methamphetamine, numerous fentanyl pills, two handguns and $5,000 in cash were found.
As a result of these stops and searches, Iowa investigators were told Maes was believed to have returned to the casinos and was likely in possession of methamphetamine, cash and a firearm. Around 2:30 a.m. on February 12, 2022, an investigator from the Iowa Division of Narcotics Enforcement and a Council Bluffs Police Officer found Maes’s car in the Harrah’s Casino parking garage. Maes evaded efforts to contact him. This resulted in a pursuit involving multiple law enforcement agencies which ended approximately 30 miles away in a rural area of Pottawattamie County, Iowa. A search of Maes’s car resulted in the seizure of ¼ ounce of methamphetamine, a few fentanyl pills, a loaded handgun with an extended magazine and more than $34,153 in cash. That cash was later forfeited to the United States of America by the Federal Bureau of Investigation (FBI).
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force, the Nebraska State Patrol, the Iowa Division of Narcotics Enforcement, the Iowa Division of Criminal Investigation, the Iowa Division of Intelligence, the Council Bluffs Police Department, the Pottawattamie County Sheriff’s Department, the Iowa State Patrol, the Omaha Police Department, and Federal Bureau of Investigation.
Lincoln Man Sentenced for Unlawful Possession of AmmunitionRead the Press Release
United States Attorney Steven Russell announced that Bukjiok Dobuony, 30, of Lincoln, Nebraska, was sentenced today in federal court in Lincoln for felon in possession of ammunition. Senior United States District Judge John M. Gerrard sentenced Dobuony to 30 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a two-year term of supervised release.
On May 30, 2021, Lincoln Police Officers were called to gateway Mall in Lincoln on a report of two people fighting inside the mall. When police officers arrived, Dobuony was seen walking just outside the mall and was detained while witnesses were interviewed. Store employees and mall security guards reported that Dobuony attempted to take a black bag from another male who was in a group with about 2-3 other males. The black bag contained a loaded handgun. This led to a fight between Dobuony and the male with the black bag. Video of the incident showed Dobuony tackling the victim who has the bad containing the loaded firearm, and Dobuony possessing the bad containing the firearm for a short period of time. Eventually, the victim and his friends were able to wrestle the bag away from Dobuony.
Once the fight broke up, both Dobuony and victims left the area. A police officer searched Dobuony’s person and found a .45 caliber bullet in the front pocket of Dobuony’s jacket. An agent for the Bureau of Alcohol, Tobacco, Firearms, and Explosives later examined the bullet and formed the opinion that the bullet was manufactured in the State of Idaho.
At the time, Dobuony was prohibited from possessing firearms or ammunition because he had at least two prior felony convictions – theft and assault by a confined person – from Lancaster County.
This case was investigated by the Lincoln Police Department and the FBI. 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.
Former Lincoln Lawyer Sentenced to Two Years in Prison in Tax CaseRead the Press Release
United States Attorney Steven Russell announced that Craig Hoffman, 46, of Lincoln, Nebraska, was sentenced on March 20, 2023, in Lincoln by Senior United States District Judge John M. Gerrard for willful failure to collect or pay over employment taxes. Hoffman was sentenced to two years in prison. After his release from prison, Hoffman will begin a two-year term of supervise release. There is no parole in the federal system. Senior Judge Gerrard ordered Hoffman to pay $325,197.90 in restitution.
Between 2011 and 2017, Hoffman Law Office, P.C. LLO was a professional corporation doing business as a law firm in Lincoln. Hoffman was the owner, operator, and sole employee of Hoffman Law, and exercised control over the business affairs, including authorizing business expenses, authorizing payment of employee compensation, approval of payments made by the corporation, and approval of payment of “payroll taxes” to the Internal Revenue Service.
Hoffman Law, by and through Hoffman as the sole employee, was obligated to withhold taxes from his employee compensation, including federal income taxes, and Medicare and Social Security taxes, also known as FICA or payroll taxes. Hoffman Law was required to make deposits of “payroll taxes” to the Internal Revenue Service on a periodic basis. In addition, Hoffman Law was required to file quarterly tax forms showing employee wages subject to withholding, the total amount of income taxes withheld, the total amount of “payroll taxes” due, and the total tax deposits. As owner, operator, and sole employee of Hoffman Law, Hoffman had the authority required to exercise significant control over the corporate financial business affairs of Hoffman Law, and had the responsibility to collect, truthfully account for, and pay over “payroll taxes” of Hoffman Law to the Internal Revenue Service.
Between 2011 and 2016, Hoffman Law failed to pay over to the Internal Revenue Service payroll taxes which were due and owing to the United States of America. For example, as of October 31, 2015, Hoffman failed to pay over to the Internal Revenue Service $11,155.12 in payroll taxes he owed for the previous quarter ending September 30, 2015.
In October 2013, the IRS notified Hoffman of its intent to file levies to collect the taxes due for 2010 and 2011. Thereafter, several levy payments totaling more than $46,000 were received from the bank that held the Hoffman Law operating account. In 2014, Hoffman began the practice of transferring funds from the firm’s trust fund account to its operating account and then immediately writing checks to himself that he cashed or deposited into his personal bank account. Hoffman engaged in this conduct, at least in part, so that he could receive the funds before any levies on the account could be made by the IRS, which resulted in the account having a low balance from time to time in the event the IRS levied on the account. Between 2011 and 2016, Hoffman failed to pay $241,362.92 in employment taxes. Including interest and penalties, Hoffman’s outstanding tax debt grew to $325,197.90, which is the amount of restitution he was ordered to pay to the IRS as part of his sentence.
“As an Attorney, Mr. Hoffman was not above the law. Investigating and prosecuting any business owner who intentionally fails to pay their employment tax obligations is a priority for IRS-Criminal Investigation," stated Special Agent in Charge Thomas F. Murdock of the IRS-Criminal Investigation St. Louis Field Office. "Today's sentencing is a reflection of just how serious the courts view these crimes, and Mr. Hoffman is now a convicted felon with a prison term to serve.
This case was investigated by the Internal Revenue Service – Criminal Investigation.
Omaha Woman Sentenced for Marijuana Distribution Conspiracy and Straw Purchase of FirearmsRead the Press Release
United States Attorney Steven Russell announced that Rachel L. Stewart, 33, of Omaha, was sentenced on March 16, 2023, by the Chief United States District Judge Robert F. Rossiter, Jr. to a total of 30 months’ imprisonment for Conspiracy to Distribute Marijuana and to False Statement During Purchase of a Firearm (straw purchase). After her release from prison, Stewart will begin a three-year term of supervised release. There is no parole in the federal system. Stewart also previously forfeited $6,310 cash, a gold Rolex watch, a diamond encrusted necklace, and a 2019 Audi Q8 vehicle, all of which were seized by law enforcement as proceeds of drug trafficking.
During approximately May 2019 to October 2021, Stewart conspired with others to distribute at least 80 kilograms but less than 100 kilograms of marijuana. During August 2020 to March 2021, Stewart also purchased three handguns for a confederate but falsely stated the firearms were for her. Law enforcement later recovered all three firearms.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department.
Lincoln Man Enters Guilty Plea to Conspiracy to Distribute Drugs Resulting in Serious Bodily InjuriesRead the Press Release
United States Attorney Steven Russell announced that George Lesley Weaver, Jr., 37, of Lincoln, Nebraska, entered a guilty plea today to one count of conspiracy to distribute and possess with intent to distribute five kilograms, (11 pounds), or more of a mixture or substance containing a detectable amount of cocaine, 400 grams, (approximately 14 ounces), or more of a mixture or substance containing fentanyl and 50 kilograms, (110 pounds), or more of marijuana in Lincoln and southeast Nebraska between June and September of 2021. Co-defendant, Anna Idigima, 37, of Lincoln, pleaded guilty to the same charge on February 14, 2023.
Beginning in about June of 2021, Idigima, at that time employed as a Nebraska State Patrol stored evidence room employee in Lincoln, began stealing drugs held as evidence in completed cases which were awaiting destruction orders. She provided these drugs to her boyfriend, Weaver, who then sold them in Lincoln. An audit of the State Patrol storage areas where Idigima had access showed the following approximate totals of drugs were missing: marijuana - 154 pounds; cocaine - 9 pounds; fentanyl - 6 pounds; heroin - 10 pounds; methamphetamine - 3 pounds; THC - 32 pounds; along with numerous THC vape cartridges and assorted prescription drugs. In August of 2021, investigators found drug-related conversations and a photo of several large bags of marijuana in Weaver’s SnapChat Account. One of the bags had a piece of red evidence tape on it which matched evidence tape used by the State Patrol. A Lincoln apartment rented by Weaver was also searched, resulting in the finding of residue containing cocaine, fentanyl, and marijuana.
Investigators were able to link overdoses suffered by three persons to cocaine and fentanyl stolen from the State Patrol by Idigima and sold to others by Weaver. All three victims required the administration of naloxone, commonly known as Narcan. Two required CPR, and all three were hospitalized. A physician specializing in emergency room medicine and toxicology found all three would have been at substantial risk of dying from the use of cocaine laced with fentanyl if they had not received the Narcan. The victims told investigators they bought what they believed to be cocaine just prior to their respective overdoses and provided the names of the persons they bought the drugs from. Those persons were arrested and told investigators they bought the drugs from Weaver. Information provided to law enforcement indicated Weaver sold large quantities of cocaine, marijuana, and other drugs in the summer of 2021, and Idigima was directly involved in the sale of pills.
Idigima is scheduled to be sentenced on May 25, 2023, and Weaver is scheduled for sentencing on June 16, 2023. Both face mandatory minimum prison sentences of 20 years in prison with a maximum of life. There is no parole in the federal system.
This matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, the Nebraska State Patrol, the Nebraska City Police Department, the Saline County Sheriff’s Department, and the Phelps County Sheriff’s Department.
Alma Woman Sentenced to 30 Months for Possession of Stolen FirearmsRead the Press Release
United States Attorney Steven Russell announced that Erin Leigh Gehrig, 41, of Alma, Nebraska, was sentenced today by Senior United States District Court Judge John M. Gerrard to 30 months’ imprisonment following her conviction for possession of stolen firearms. After she completes her prison sentence, Gehrig will also serve three years on supervised release. There is no parole in the federal system. Gehrig pleaded guilty to the offense on October 13, 2022.
A home in Bertrand, Nebraska, was burglarized on April 13, 2021. The victim of the burglary is related to Gehrig. Fourteen firearms were taken in the burglary. Gehrig later told police that another person approached her and said he wanted to steal firearms. Gehrig told that person about the residence in Bertrand, and allowed that person to use her minivan. That person later returned, and the 14 stolen firearms were in the back of the minivan. Gehrig arranged for the sale of the stolen firearms for $1,500 to two other persons. Law enforcement executed a search warrant at the home of the purchasers. Thirteen of the 14 stolen firearms were recovered when that home was searched.
The investigation was conducted by the Federal Bureau of Investigation, the Department of Homeland Security, the Kearney Police Department, and the Phelps County Sheriff’s Office. 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.