District of Nebraska
Press releases recorded for this federal judicial district.
U.S. Army Reserve Soldier Sentenced in Methamphetamine Distribution Conspiracy Reaching OmahaRead the Press Release
United States Attorney Joe Kelly announced that on September 16, 2020, United States District Judge Robert F. Rossiter, Jr. sentenced Leonel Dario Blanco-Sanchez to a term of imprisonment of 80 months. Blanco-Sanchez will serve a 5-year term of supervised release following his release from the Bureau of Prisons. There is no parole in the federal system.
Blanco-Sanchez, 21, was convicted of conspiring to distribute and possess with intent to distribute methamphetamine with Samantha Perez-Juarez in the Omaha area between September of 2019 and January of 2020. Blanco-Sanchez, of Arizona, transported multi-pound quantities of methamphetamine from sources of supply in Arizona and California to Omaha on at least five occasions throughout the fall of 2019 and into January of 2020. Blanco-Sanchez and Perez-Juarez received direction from Mexico-based co-conspirators with whom they maintained contact, traveling in Blanco-Sanchez’s pickup truck bearing Army Veteran license plates to deliver methamphetamine to customers in Omaha.
On January 8, 2020, the Nebraska State Patrol stopped and arrested Blanco-Sanchez and Perez-Juarez as they returned to Omaha from Arizona. A subsequent search of the vehicle revealed approximately 13 pounds of methamphetamine which was seized by law enforcement.
Blanco-Sanchez served in the U.S. Army Reserve with the 387th Engine Company, an Army Reserve unit in Scottsdale, Arizona, and was deployed to Iraq for one year in 2018 and 2019.
Co-defendant Perez-Juarez is pending sentencing in the same case.
The case was primarily investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation Safe Streets Task Force, and the Nebraska State Patrol.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Travis Adam Griffin, 35, of Lincoln, was sentenced today by Chief United States District Judge John M. Gerrard to 11 years and three months in federal prison for conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine and 5 grams or more of methamphetamine actual (pure). Following the prison terms, Griffin will serve five years on supervised release. There is no parole in the federal system.
Information provided to law enforcement indicated between about January of 2017 and April 4, 2019, Griffin was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine mixture and at least 20 grams (approximately ¾ ounce) of methamphetamine actual. On April 4, 2019, Griffin was arrested on an outstanding warrant in the lobby of the Lancaster County Jail. During a search of his person, incident to the arrest, Griffin was found in possession of a baggie containing at least 24 grams of methamphetamine actual.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
20 Year Old Sentenced on Multiple Counts of Distributing Marijuana while Possessing a FirearmRead the Press Release
United States Attorney Joe Kelly announced Ammanuel Jiel, 20, was sentenced today by United States District Judge Brian C. Buescher to 126 months’ imprisonment after pleading guilty to two counts of distribution of marijuana and possession of a firearm while drug trafficking. He will also serve 3 years of supervised release following his release from prison. There is no parole in the federal system.
Between August 31, 2018 and October 29, 2018, Jiel was responsible for selling marijuana and firearms on numerous occasions to a confidential informant posing as a firearms trafficker. Jiel was personally responsible for the sale of 16 firearms, many of which were stolen or had obliterated serial numbers. Jiel also sold several ounces of marijuana during these firearms sales.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Omaha Police Department as part of Project Safe Neighborhood. Project Safe Neighborhood is a national initiative of the Department of Justice that was announced in 2001 to reduce and prevent violent crime and make the nation’s neighborhoods safer. Jiel’s arrest was also part of Operation South Sudan Soldiers which targeted members of the Trip Set and African Pride street gangs.
Omaha Postal Employee Sentenced for Stealing Money from Greeting Cards in MailRead the Press Release
United States Attorney Joe Kelly announced that Annette Eubanks, 62, of Omaha, Nebraska was sentenced today in federal court in Omaha for Theft from the Mail. Senior United States District Court Judge Laurie Smith Camp sentenced Eubanks to a 2-year term of probation. Eubanks was also ordered to pay $1,456 in restitution to 44 victims that were identified in the investigation.
Eubanks was an employee of the United States Postal Service working in the postal sorting facility in Omaha. Between December 31, 2018 and July of 2019, Eubanks would knowingly open greeting cards that had been sent in the United States mail. Eubanks would identify these cards typically by the colored envelopes. During this approximate seven-month time period, Eubanks stole a total of more than $1,400 from more than 50 envelopes. Eubanks was caught in the act of opening envelopes by the United States Postal Service Office of the Inspector General.
Acting Special Agent-in-Charge Jeffery Krafels said, “The public served by the U.S. Postal Service (USPS) places enormous trust in the men and women of the USPS who honorably fulfill their duties daily. However, when that trust is betrayed, the public can rest assured the USPS Office of Inspector General (USPS OIG), and its law enforcement partners, will be vigilant in their pursuit of accountability and criminal prosecution; these crimes will not be tolerated. Today’s sentencing is an example of the dedication and determination exhibited by the legal and investigative teams of the USPS OIG and the U.S. Attorney’s Office, in the District of Nebraska. The USPS OIG will continue to vigorously investigate these types of crimes to protect the sanctity of the Postal Service.”
This case was investigated by the United States Postal Service Office of the Inspector General.
Beatrice Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Charles Burr, 35, of Beatrice, Nebraska, was sentenced on September 14, 2020, in Omaha, Nebraska by Senior United States District Judge Laurie Smith Camp to 17 years’ imprisonment after having previously pled guilty to conspiracy to distribute and possess with intent to distribute methamphetamine. There is no parole in the federal system. After his release from prison, Burr will serve a 10-year term of supervised release.
Agents with the United States Marshals Service, Nebraska State Patrol, Gage County Sheriff’s Department, Beatrice Police Department and Lincoln Police Department were involved in investigating substantial methamphetamine activity in the Gage County area. Their investigation led to a conspiracy involving Ashley Bartels, Candace Burr and Charles Burr from November 2016 through September 2017. In particular, Mr. Burr was responsible for more than 24 pounds of methamphetamine being distributed in the area.
Bartels was previously sentenced to 7 years’ imprisonment and Candace Burr was previously sentenced to 5 years, 9 months.
Omaha Man Sentenced for New Years’ Robbery SpreeRead the Press Release
United States Attorney Joe Kelly announced that Ervin L. Smith, Jr., 25, of Omaha, Nebraska, was sentenced today to 14 years in prison by United States District Judge Robert F. Rossiter, Jr., following his convictions for robbery and firearms charges. In addition to his prison term, he will serve three years of supervised release following his release from prison. There is no parole in the federal system. Smith was also ordered to pay restitution of $280.00 to Buck’s Inc., $151.55 to Kwik Shop, and $1,000 to Phillip’s 66.
On January 1, 2019, at approximately 5:58 a.m., Christopher Collins, Marcus Evans and Ervin Smith, Jr., while wearing masks and gloves, robbed the Bucky’s at 2901 North 72nd Street, Omaha. Smith brandished a gun but Collins and Evans knew it was there and being used. Collins was shouting orders and ordered the employee to the ground. They left the store with cash, cigarettes and Nebraska lottery tickets.
On January 1, 2019, at approximately 6:16 a.m., Collins, Evans and Smith went into the Kwik Shop at 5929 North 72nd Street. A gun was threatened but never shown. The clerk was ordered to lay on the ground. They left the store with cigarettes, cigars, and Nebraska Lottery tickets.
On January 1, 2019, at approximately 6:31 a.m., Collins, Evans and Smith robbed the Phillip’s 66 at 5920 Sorenson Parkway, Omaha. Smith was carrying a firearm that Collins and Evans knew was there. As they were entering the store, a customer, who saw them enter with faces covered, laying a stick in the doorway, had a hunch the store was going to be robbed. He went to his car and retrieved a firearm, which he was licensed to carry, and re-entered the store. He demanded Collins, Evans and Smith not to move. Smith passed Collins his gun and Collins fired several shots in the direction of the customer, before Collins, Evans and Smith left the store taking store money with them.
They were all caught within 24 hours. Evans was recognized by a former school employee at a location Evans attended. Smith was recognized by an Omaha Police Gang Unit officer. The officer also located a 2013 Facebook picture showing Evans and Smith together. On January 2, 2019, a traffic stop was done of a vehicle Smith was driving. Collins was a passenger. Collins had attempted to cash in one of the stolen lottery tickets and the clerk of that store recognized and was able to identify him.
Evans was sentenced to 16 ½ years’ imprisonment for his involvement and Collins was sentenced to 18 years in prison.
This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation Great Plains Violent Crime Task Force, comprised of FBI agents, Omaha Police Department detectives, Nebraska State Patrol Investigators and Papillion Police Department Detectives
Missouri Man Sentenced to 10 Years for Child EnticementRead the Press Release
United States Attorney Joe Kelly announced that Eric Bland, 37, of Laredo, Missouri was sentenced Friday, September 11, 2020, in federal court in Omaha, Nebraska, for coercion or enticement of a minor to engage in sexual activity. United States District Judge Robert F. Rossiter, Jr. sentenced Bland to 120 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Bland will serve a 5-year term of supervised release and will be required to register as a sex offender.
In early 2019, a woman working as a prostitute in Nebraska provided law enforcement with a screenshot of a conversation with a potential client. The client, later identified as Bland, asked the woman if she knew any “young skinny little black girls” wanting to make money and offered to pay the woman $50 per year under age 18 if the woman would find him an underage girl to have sex with, or $100 per year under age 18 if the underage girl would have unprotected sex. Law enforcement provided the woman with a phone number to give to Bland. In March 2019, Bland contacted the phone number by text message and engaged in a conversation with an FBI Task Force Officer posing as a fifteen-year-old female. Bland made arrangements to travel from St. Joseph, Missouri, to Omaha for the purposes of engaging in oral sex with the fifteen-year-old girl. Bland arrived in Omaha as scheduled and was arrested by officers.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Omaha Woman Sentenced to 84 Months for Drug and Money Laundering ConspiracyRead the Press Release
United States Attorney Joe Kelly announced that Katina Maria Martinez, 48, of Omaha, Nebraska, was sentenced on September 9, 2020, by United States District Judge Brian C. Buescher for conspiracy to possess with intent to distribute 500 grams or more of methamphetamine and for conspiracy to launder the proceeds from the drug conspiracy. Martinez received a sentence of 84 months’ imprisonment with a five-year term of supervised release to follow. There is no parole in the federal system.
In mid-2017, a Drug Enforcement Administration-led task force initiated Operation Dog Pound, which was a drug interdiction effort focused on an Omaha, Nebraska, drug trafficking organization. Martinez was identified during the investigation as someone closely associated with the head of the organization, Keevan Dean. Martinez would often accompany Dean when he would distribute pound quantities of methamphetamine and was responsible for packaging the methamphetamine. Martinez personally delivered smaller quantities of methamphetamine and collected money. Martinez would also deposit money into the bank accounts provided by the California source for the methamphetamine at the direction of Dean. On November 12, 2018, Martinez was stopped in Arizona returning from California and was in possession of 10 pounds of methamphetamine. Investigators utilized phone and text messaging intercepts, vehicle trackers, and physical surveillance to establish Martinez’s involvement in the conspiracy.
Dean was convicted for drug and money laundering conspiracies and is set for sentencing on November 18, 2020.
This case was investigated by the Drug Enforcement Administration, Nebraska State Patrol, U.S. Customs and Border Protection, Omaha Police Department, Bellevue Police Department, U.S. Postal Inspection Service, and the U.S. Attorney’s Office.
Council Bluffs Man Charged with Being in Possession of Molotov Cocktail During Recent Omaha ProtestsRead the Press Release
United States Attorney Joe Kelly announced today the Indictment of Steven M. Fitch, age 25, of Council Bluffs, Iowa, charging him in the United States District Court for the District of Nebraska for being in unlawful possession of a destructive device. Fitch faces a maximum punishment of 10 years’ imprisonment, a $250,000 fine, and up to three years of supervised release. An indictment is merely a charging document and is not a finding of guilt as defendants are presumed innocent until guilt is proven beyond a reasonable doubt.
On May 31, 2020, Fitch, while in Omaha, Nebraska, is alleged to have possessed a destructive device, also known as a Molotov Cocktail, not registered to him in the National Firearms Registration and Transfer Record. Fitch was arrested on May 31, 2020 during protests in downtown Omaha.
Fitch appeared before United States Magistrate Judge Michael D. Nelson on August 26, 2020, where he pleaded not guilty. Judge Nelson ordered Fitch detained until trial.
This case is being investigated by the Omaha Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco and Firearms.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Nathan Steven Larsen, 30, of Lincoln, was sentenced on September 4, 2020 by Chief United States District Judge John M. Gerrard to 14 years in federal prison for conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Following the prison term, Larsen will serve five years on supervised release. There is no parole in the federal system.
Information provided to law enforcement indicated that Larsen was responsible for the distribution of at least 5 kilograms (approximately 11 pounds) of methamphetamine in the Lincoln area between November of 2018 and November of 2019.
On September 24, 2019, officers arrested Larsen on an outstanding warrant at his Lincoln apartment. Officers saw methamphetamine in the apartment, and Larsen later admitted he had attempted to flush about five grams of methamphetamine down the toilet when he heard officers at the door. He said any drugs found in the apartment belonged to him. Officers found small amounts of methamphetamine and marijuana in the apartment along with pipes, scales, and packaging materials during the execution of a search warrant at the apartment.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Lincoln Man Sentenced for Conspiracy to Distribute Drugs and Felon in Possession of FirearmRead the Press Release
United States Attorney Joe Kelly announced that Tracy James Abrams, 48, of Lincoln, was sentenced today by Chief United States District Judge John M. Gerrard to 12 years and seven months in federal prison for conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine and a mixture or substance containing cocaine base (crack cocaine). Abrams was also sentenced to seven years for being a felon in possession of a firearm. Those sentences were ordered to run concurrent to each other (at the same time). Following the prison terms, Abrams will serve five years on supervised release on the drug charge and three years on the gun charge. Those terms will also run concurrent with each other. There is no parole in the federal system.
Information provided to law enforcement indicated between January of 2015 and August of 2019, Abrams was responsible for the distribution of more than 500 grams (approximately 18 ounces) of methamphetamine mixture. In July and August of 2019, an undercover officer made three purchases of methamphetamine from Abrams totaling approximately 1 ½ ounces. On one of those occasions, Abrams also sold approximately ½ gram of cocaine base, also known as crack cocaine, to the undercover officer. On August 23, 2019, a search warrant was executed at Abrams’s Lincoln residence. A handgun with ammunition was found in a kitchen cabinet. Abrams’s criminal record showed he had two prior state felony convictions for attempted robbery and theft by receiving stolen property.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Omaha Man Sentenced for New Years’ Robbery SpreeRead the Press Release
United States Attorney Joe Kelly announced that Marcus D. Evans, 26, of Omaha, Nebraska, was sentenced today to 16 ½ years in prison by United States District Judge Robert F. Rossiter, Jr., following his convictions for two counts of robbery and one count of brandishing a firearm. In addition to his prison term, he will serve three years of supervised release following his release from prison. There is no parole in the federal system. Evans was also ordered to pay restitution of $280.00 to Buck’s Inc., $151.55 to Kwik Shop, and $1,000 to Phillip’s 66.
On January 1, 2019, at approximately 5:58 a.m., Christopher Collins, Marcus Evans and Ervin Smith, Jr., while wearing masks and gloves, robbed the Bucky’s at 2901 North 72nd Street, Omaha. Smith brandished a gun but Collins and Evans knew it was there and being used. Collins was shouting orders and ordered the employee to the ground. They left the store with cash, cigarettes and Nebraska lottery tickets.
On January 1, 2019, at approximately 6:16 a.m., Collins, Evans and Smith went into the Kwik Shop at 5929 North 72nd Street. A gun was threatened but never shown. The clerk was ordered to lay on the ground. They left the store with cigarettes, cigars, and Nebraska Lottery tickets.
On January 1, 2019, at approximately 6:31 a.m., Collins, Evans and Smith robbed the Phillip’s 66 at 5920 Sorenson Parkway, Omaha. Smith was carrying a firearm that Collins and Evans knew was there. As they were entering the store, a customer saw them enter with faces covered, laying a stick in the doorway, and had a hunch the store was going to be robbed. He went to his car and retrieved a firearm, which he was licensed to carry, and re-entered the store. He demanded Collins, Evans and Smith not to move. Smith passed Collins his gun and Collins fired several shots in the direction of the customer, before Collins, Evans and Smith left the store taking store money with them.
They were all caught within 24 hours. Evans was recognized by a former school employee at a location Evans attended. Smith was recognized by an Omaha Police Gang Unit officer. The officer also located a 2013 Facebook picture showing Evans and Smith together. On January 2, 2019, a traffic stop was done of a vehicle Smith was driving. Collins was a passenger. Collins had attempted to cash in one of the stolen lottery tickets and the clerk of that store recognized and was able to identify him.
Smith has pleaded guilty and is awaiting sentencing. Collins previously pleaded guilty and was sentenced to 18 years in prison.
This case was investigated by the Omaha Police Department and the Federal Bureau of Investigation Great Plains Violent Crime Task Force, comprised of FBI agents, Omaha Police Department detectives, Nebraska State Patrol Investigators and Papillion Police Department Detectives
Colorado Man Found Guilty for Interstate Travel and Enticement of a MinorRead the Press Release
United States Attorney Joe Kelly announced that on September 2, 2020, Nathan Lee Kempter of Highlands Ranch, Colorado was found guilty following a jury trial before Chief United States District Judge John M. Gerrard of enticement of a minor and travel with intent to engage in illicit sexual conduct. Kempter will be sentenced on December 11, 2020, and faces up to life in prison on the two counts.
In August of 2019, the Lincoln Police Department was contacted regarding the missing status of a 14-year-old female who had left a Lincoln, Nebraska residence through the back door and was no longer in the area. The reporting party indicated that the minor female had been overheard talking to someone on the phone. After a quick initial search of the neighborhood, the police were contacted. Reports to investigators indicated that the victim girl was observed getting into a smaller, red, four door SUV and leaving the area. Lincoln Police reviewed the victim’s phone for additional information and identified a Colorado telephone number that the victim had called. LPD was able to identify the number as belonging to Nathan Kempter who resided in Highlands Ranch, Colorado. Kempter was also the registered owner of a red 2015 Nissan Versa. With assistance from the cellular phone company, LPD was able to track the movement of Kempter’s cellphone and determined it was located just across the Nebraska/Colorado border on Interstate 76. Lincoln Police contacted law enforcement authorities in Colorado.
On August 02, 2019 at 11:54 p.m., Douglas County, Colorado Sheriff’s deputies saw the red Nissan Versa driving toward Kempter’s residence in Highlands Ranch, Colorado. Deputies stopped the vehicle in front of the residence and Kempter was arrested. At that time, Kempter informed the deputies that the young girl in his vehicle was 14 years old.
Later, the victim stated she met Kempter on the Reddit website, in a chat room for teen runaways. Her screen name indicated she was a 14-year-old female. After communicating with Kempter on Reddit, they moved their conversation to Tumblr, another social media platform, and exchanged message between July 23, 2019 and August 2, 2019. They exchanged e-mails. During these conversations, Kempter indicated he wanted to have sex with the minor victim and would bring her to Colorado to live with him.
The victim said that Kempter picked her up at her residence and began to drive west on Interstate 80. She was told to lay down in the front seat and cover herself so that she would not be seen. She said at some point while they were still in Nebraska, Kempter stopped at a Walmart so that he could buy her new clothes. Evidence obtained in a search of Kempter’s vehicle revealed the purchase of boy’s pants and shirt, and a blanket. The victim was told what to say and do if they were contacted by anyone in an attempt to avoid detection.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Lincoln Police Department, the Douglas County Sheriff’s Department in Colorado and the Federal Bureau of Investigation.
North Platte Man Receives 40-Year Sentence for Production of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Cory D. Preitauer, 30, formerly of North Platte, Nebraska, was sentenced today in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard for conspiracy and production of child pornography. Preitauer was sentenced to 40 years in prison and a lifetime of supervised release. There is no parole in the federal system.
In March of 2019, a state search warrant was served at the home of a target living in Kansas City, Missouri. During a forensic examination of the computer seized in the Kansas City investigation the examiners located screenshots of a chat between the Kansas City target and Preitauer’s co-defendant Mathew Goad. During the chat, Goad indicated he had sexually assaulted a child and recorded that assault. Goad then sent the recording to the target. Further investigation revealed that Goad and Preitauer were both involved in the production of the video. After his arrest, Preitauer admitted to law enforcement that he and Goad created the video of the sexual assault. The child was four years old at the time the video was created. Goad was previously sentenced by this Court.
After today’s sentencing, FBI Omaha Special Agent in Charge Kristi Johnson said, “The FBI takes an active role in protecting children. The sentencing of Cory Preitauer is an example of our commitment to removing sexual predators from children’s lives.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation.
Honduran Man Sentenced to 72 Months for Drug ConspiracyRead the Press Release
United States Attorney Joe Kelly announced that Jhonny Traviezo-Velasque, 25, of Honduras, was sentenced on August 27, 2020, by Senior United States Judge Laurie Smith Camp for conspiracy to possess with intent to distribute fifty grams or more of pure methamphetamine. Traviezo-Velasque received a sentence of 72 months with a two-year term of supervised release to follow. However, once Traviezo-Velasque serves his sentence, he will be deported. There is no parole in the federal system.
On September 27, 2018, the narcotics unit with the Omaha Police Department utilized a confidential informant to purchase 782 grams of pure methamphetamine from Traviezo-Valesque. On April 3, 2019, OPD officers conducted a traffic stop of Traviezo-Velasque, and located 10.3 grams of methamphetamine. A search warrant was executed on the same day for Traviezo-Velasque’s residence, resulting in an additional 142 grams of methamphetamine being located.
This case was investigated by the Omaha Police Department and Drug Enforcement Administration.
Kansas Man Sentenced for Dealing Meth with a GunRead the Press Release
United States Attorney Joe Kelly announced that Cody Rhyne, 32, of Hiawatha, Kansas, was sentenced August 26, 2020 by United States District Judge Brian C. Buescher for possession of methamphetamine with intent to distribute and use of a firearm in furtherance of drug trafficking. He received a sentence of 144 months with a three-year term of supervised release to follow. There is no parole in the federal system.
On or about December 4, 2019, Rhyne drove to the parking lot of a Shopko in Falls City, Nebraska, where he sold an informant half an ounce of methamphetamine. Officers followed Rhyne’s vehicle and activated the emergency lights and siren but Rhyne did not stop. Officers pursued Rhyne’s vehicle at speeds reaching 105 MPH. During the pursuit, Rhyne ran three stop signs, one traffic control device, turned in front of a semi, and was almost hit at the intersection of HWY#8 and HWY#75. After Rhyne’s Cadillac ran out of gas south of Humboldt, Nebraska, Rhyne fled on foot. He was taken into custody shortly thereafter.
In Rhyne’s vehicle officers found a Taurus 9 mm handgun, a loaded handgun magazine containing 9 mm hollow point rounds, digital scales, and six plastic bags containing a total of 299.734 grams of lab-confirmed methamphetamine mixture.
In a post-Miranda interview, Rhyne admitted that he sold ten grams of meth and a .22 caliber rifle to the informant and that he planned to sell more methamphetamine.
This case was investigated by the Bureau of Alcohol, Tobacco, and Firearms as part of Project Safe Neighborhoods, which is a national initiative of the Department of Justice that was announced in 2001 to reduce and prevent violent crime and make the nation’s neighborhoods safer.
Habitual Domestic Violence Offender Gets Maximum Sentence for Assaulting Pregnant VictimRead the Press Release
United States Attorney Joe Kelly announced that Clayton Bertucci, age 32, of Macy, Nebraska, was sentenced today to 60 months in prison by United States District Court Judge Brian C. Buescher for Domestic Assault by a Habitual Offender. This is the statutory maximum possible punishment that Bertucci could have received. There is no parole in the federal system. Upon his release from prison, Bertucci will serve 3 years of supervised release.
On December 22, 2018, the victim and Bertucci became involved in a domestic dispute at Bertucci’s mother’s house on the Omaha Indian Reservation. The victim left the residence and Bertucci pursued her and when he caught up to the victim, Bertucci hit the victim in the back of the head and knocked her to the ground. Bertucci continued to kick and hit the victim while she was still on the ground. Bertucci knew that the victim was pregnant at the time of the assault. Bertucci only stopped the assault when he saw a police car coming up the street and he fled the scene. Bertucci has two prior convictions for domestic abuse against this same victim from 2017 and 2018.
FBI Omaha Special Agent in Charge Kristi Johnson said, “The FBI is committed to its work in Indian Country. Domestic violence on tribal lands demands our attention. We will continue to find justice for every victim of this vicious crime.”
This case was investigated by the Macy Police Department and the Federal Bureau of Investigation.
Grand Jury - August 2020Read the Press Release
United States Attorney Joe Kelly 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.
* Jason L. Bates, age 48, of Omaha, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) on July 18, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, life term of supervised release, and a $100 special assessment.
* Michael C. Becker, age 23, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with receipt of child pornography beginning on or about August 12, 2018. The maximum possible penalty is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $5,000 additional special assessment. Count II charges the defendant with possession of child pornography beginning on or about August 14, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $5,000 additional special assessment.
* Edward Charles Cress, age 33, of Grand Island, Nebraska, is charged with possession of child pornography beginning on or about May 23, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $17,000 additional special assessment.
* Hector Esparza-Varela, age 40, is charged with illegal reentry after deportation following a felony conviction on or about August 18, 2020. 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.
* David Felipe Martin, a/k/a Alejandro Rodriguez, age 36, is charged with illegal reentry after deportation on or about August 17, 2020. 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.
* Victor Lopez-Gutierrez, age 36, is charged with illegal reentry after deportation on or about August 10, 2020. 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.
* Cayla Pritchard, age 35, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with conspiracy to distribute and possession with intent to deliver 28 grams or more of crack cocaine on June 15, 2020 and continuing to on or about June 26, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession with intent to distribute 28 grams or more of crack cocaine on June 26, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment.
* Bernavel Rodas-Lopez, age 51, is charged with illegal reentry after deportation on or about July 30, 2020. 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.
* Carlos Armando Zazueta-Arrellano, age 28, is charged with illegal reentry after deportation following a felony conviction on or about July 10, 2020. 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.
Omaha Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Marie Schaeffer, 57, of Omaha, Nebraska, was sentenced today to 144 months in prison by United States District Judge Robert F. Rossiter, Jr. for possession with intent to distribute 500 grams or more of a mixture of methamphetamine. There is no parole in the federal system. Upon her release from prison, Schaeffer will serve five years of supervised release.
On November 16, 2019 in North Platte, Nebraska, a Nebraska State Patrol trooper stopped Schaeffer for following too close and failure to stop at a stop sign. Schaeffer was asked for consent to search the vehicle, and she granted consent. Law enforcement located a garbage bag in the right rear passenger seat and inside was 15 one-pound bags of methamphetamine.
This case was investigated by the Nebraska State Patrol.
Wisconsin Man Sentenced for Lacey Act Violations Stemming from Nebraska HuntsRead the Press Release
United States Attorney Joe Kelly announced that Duane S. Mulvaine, age 40, of Fox Lake, Wisconsin, was sentenced today in federal court in Omaha, Nebraska, by United States Magistrate Judge Michael D. Nelson for violating the Lacey Act. The Lacey Act prohibits the trafficking in interstate commerce "tainted" (i.e., taken in violation of a law or regulation) wildlife, fish, or indigenous plants. Mulvaine was convicted of six misdemeanor counts of the illegal taking of wildlife in interstate commerce and sentenced to five years’ probation on each count to be served concurrent. Magistrate Judge Nelson ordered Mulvaine to pay $50,000 in restitution and a $45,000 fine. As part of his probation terms, Mulvaine shall not hunt, guide, outfit or otherwise engage in any activities associated with the hunting, guiding, or outfitting business.
Mulvaine also forfeited four scoped rifles, three suppressors, a compound bow, and a crossbow utilized in numerous unlawful hunts conducted by Mulvaine and Hidden Hills Outfitters, a commercial big game guiding and outfitting business located near Broken Bow, Nebraska. Mulvaine also surrendered and abandoned 13 wildlife trophy mounts including three white-tailed deer, five mule deer, three pronghorn, a wild turkey, and a badger unlawfully taken at Hidden Hills Outfitters.
A joint investigation conducted by the United States Fish and Wildlife Service, Office of Law Enforcement and the Nebraska Game and Parks Commission, Law Enforcement Division determined that between 2012 and 2017, Mulvaine traveled to Hidden Hills Outfitters to conduct guided hunts for white-tailed deer, mule deer, pronghorn, and wild turkey. The investigation determined that during a number of these hunts, Mulvaine engaged in hunting activities which included hunting over bait, hunting from a public roadway, night, or without a permit, and hunting with prohibited weapons, all of which are in violation of Nebraska State law or regulation.
The investigation determined that Mulvaine was associated with at least six specific illegal hunts. During August, 2015, and September, 2016, Mulvaine unlawfully killed two pronghorn in Custer and Keith counties with a suppressed .17 caliber and .223 caliber rifle during the archery season. Nebraska law prohibits the possession or use of firearms to take deer or pronghorn under the authority of an archery permit. During the November, 2015, firearm deer season, Mulvaine unlawfully killed a 6 X 5 mule deer in Blaine County without a valid permit and while using a rifle borrowed from a Hidden Hills Outfitters client. In September, 2016, during the archery deer season, Mulvaine unlawfully killed a 6 X 6 mule deer with a suppressed Howa .223 caliber rifle while seated in a vehicle parked upon a roadway in Custer County and contrary to Nebraska law. Again in December, 2016, during the muzzleloader deer season, Mulvaine unlawfully killed a 5 X 5 white-tailed deer with a suppressed .308 caliber DPMS AR-style rifle while seated in a vehicle parked upon a roadway in Sherman County, and with the aid of a high-powered spotlight at approximately 3:45 A.M. Then in October, 2017, Mulvaine killed a 6 X 6 white-tailed deer with a crossbow in Blaine County. Mulvaine knowingly positioned himself in a vehicle located approximately 50 yards from a Hidden Hills Outfitters bait site, and shot the deer standing not more than 15 yards from the bait site. Nebraska law prohibits establishing baited areas for the purpose of hunting or taking big game or turkeys, and prohibits hunting or taking deer or turkeys within a baited area, defined as within 200 yards of any location where bait is placed for the purpose of hunting or that may serve as an attractant for big game or turkeys. During each of these hunts, Mulvaine was accompanied or assisted by a Hidden Hills Outfitters owner or guide. Mulvaine subsequently transported the unlawfully-taken wildlife in interstate commerce back to his Wisconsin residence or taxidermist.
Mulvaine provided Hidden Hills Outfitters various vehicles sourced from his Wisconsin car dealership for use in the unlawful hunting operation, valued at approximately $10,000 annually, in exchange for the hunting and guiding services. Mulvaine participated in the establishment of a “Gun Trust” and providing Hidden Hills Outfitters owners and guides various suppressed firearms, knowing they were routinely used for the unlawful take of wildlife and protected migratory birds, specifically hawks or other raptors, by Hidden Hills owners, guides, and clients.
Mulvaine assisted Hidden Hills Outfitters routinely and systematically establish and maintain bait sites located in close proximity and generally within direct view, of Hidden Hills Outfitters client hunting locations. Mulvaine and Hidden Hills Outfitters utilized locally sourced bait products named “PrimeTine” and “Hard Rack Candy” at the bait sites and placed electronic game cameras over-watching the bait sites in order to identify and locate target deer, position the target deer at close range to the client, and improve the odds of hunting clients successfully killing their target deer.
The sentencing hearing today is part of the ongoing prosecution of numerous defendants related to violations committed by owners, guides, and clients of Hidden Hills Outfitters. To date, 29 defendants have pleaded guilty and have been sentenced and ordered to pay a total of $343,048 in fines and restitution for underlying violations related to deer taken within baited areas; deer, pronghorn, and wild turkeys taken with weapons or firearms prohibited during their respective hunting seasons; deer taken during closed season hours, from the road, or without a valid permit; and mule deer taken within the Mule Deer Conservation Area.
The operation was a joint investigation conducted by the United States Fish and Wildlife Service, Office of Law Enforcement and the Nebraska Game and Parks Commission, Law Enforcement Division.
Omaha Man Forfeits $150,000 for Employing Illegal AliensRead the Press Release
United States Attorney Joe Kelly announced that James R. Barger, Jr., 49, was sentenced today in federal court in Omaha for harboring illegal aliens for commercial advantage and private financial gain. United States District Judge Robert F. Rossiter, Jr., expressing concerns about COVID-19 in the jails, sentenced Barger to two years’ supervised release and required Barger to perform 80 hours of community service per year. Barger will also pay a money forfeiture judgment in the amount of $150,000.
Barger is the principal owner of J.R. Barger & Sons, Inc., an Omaha-based commercial concrete company. In April 2018, federal agents visited various J.R. Barger & Sons worksites and identified 27 field employees of the company who were in the United States illegally. Agents determined that several of the employees were employed under falsified identification documents and Barger was aware of the illegal status of at least some of his employees and had permitted employees to change identification documents during the course of their employment. Barger also permitted undocumented workers to purchase used company vehicles in order to further facilitate their employment at J.R. Barger & Sons.
“Protecting the integrity of the U.S. immigration system is a key component of our homeland security mission,” said Katherine Greer, Special Agent in Charge of HSI Kansas City. “Enforcing immigration and hiring laws helps protect jobs for U.S. citizens and lawful residents.”
This case was investigated by Homeland Security Investigations with assistance from the United States Department of Housing and Urban Development Office of Inspector General and Immigration and Customs Enforcement.
Omaha Man Sentenced to 180 Months for Child Pornography OffenseRead the Press Release
United States Attorney Joe Kelly announced that Bradley S. Roenfeldt, age 58, of Omaha, Nebraska, was sentenced today to 180 months’ imprisonment for transportation of child pornography by United States District Judge Brian C. Buescher. There is no parole in the federal system. After his release from prison, Roenfeldt will be on supervised release for life and will be required to register as a sex offender. In addition, the terms of Roenfeldt’s supervised release prohibit him from having any contact with children under the age of 18, unless it is approved by the United States Probation Office. He was ordered to pay $12,000 in restitution.
An FBI Child Exploitation and Human Trafficking Task Force investigation determined that between March 8, 2018, and April 5, 2018, Roenfeldt, using his cellular telephone, sent images of minors engaging in sexually explicit conduct to other users of a Kik Messenger group identified as “Super strokers.” Roenfeldt’s Kik user identification was “curiousinomaha.” The FBI determined Roenfeldt shared at least 25 graphic images with other users of the Kik Messenger group containing young females and young males in the nude.
During the investigation, the FBI obtained subscriber information and IP connection logs related to Roenfeldt’s Kik Messenger account. Kik returned an IP address associated with Roenfeldt’s residence in Omaha. On July 14, 2018, the FBI executed a federal search warrant of Roenfeldt’s residence. The FBI seized Roenfeldt’s cellular telephone. Roenfeldt gave a voluntary statement to law enforcement in which he admitted to having a Kik account and that his username is “curiousinomaha.”
An FBI forensic analysis of Roenfeldt’s cellular telephone revealed the Kik application and the associated user name “curiousinomaha.” On the cellular telephone law enforcement identified more than 100 images of minor children engaging in sexually explicit conduct and at least 2 videos of minor children engaging in sexually explicit conduct.
Roenfeldt was previously convicted on March 29, 1991, of First Degree Sexual Assault, in Madison County District Court, Madison County, Nebraska, and received a 10- to 15-year prison sentence.
United States Attorney Kelly noted that those who offend against children do not age out of their crimes. He added, “It is some comfort that after serving his 15-year sentence, he will be on a lifetime term of supervision and not allowed to have contact with children.”
After Roenfeldt’s sentencing, the FBI Omaha field office’s Special Agent in Charge, Kristi Johnson, said, “Investigating the sexual exploitation of children is a priority for the FBI. We are vigilant in our role to ensure that children are protected. FBI Omaha is committed to removing sexual predators from children’s lives, through the justice system.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Federal Jury Convicts Lincoln Man of Sex Trafficking and Child ExploitationRead the Press Release
United States Attorney Joe Kelly announced that on August 12, 2020, after a three-day trial, a federal jury convicted Devin L. Ashford, 33, of Lincoln, Nebraska, of Sex Trafficking of a Minor; Sex Trafficking by Force, Fraud, or Coercion; Production of Child Pornography; and Interstate Transportation for Prostitution. The jury was the first in federal court in Lincoln since jury trials were suspended due to COVID-19. Chief United States District Judge John M. Gerrard presided over the trial and accepted the jury’s verdict before setting Ashford’s sentencing hearing for November 13, 2020, at 10:30 a.m. At sentencing, Ashford faces mandatory minimum sentences of 15 years on three of the counts and a statutory maximum of life on one count.
Numerous victims testified at trial that Ashford beat, starved, and pushed cocaine on them to get them to provide sexual services. Ashford recruited minors to engage in commercial sex acts so that he could get the financial proceeds from those acts. The evidence at trial showed that at least three of the minors were children who had either run away from home or were in the foster care system when Ashford targeted them for his trafficking operation. Ashford was also convicted of producing child pornography when he enticed one of his victims to send sexually explicit photos of herself.
United States Attorney Kelly said, “These terrible crimes occur closer to home than we would care to imagine. The jury’s verdict sends a strong message to anyone who exploits others in sex trafficking minors or adults that their actions will not be tolerated and will be fully prosecuted.”
FBI Omaha's Special Agent in Charge, Kristi Johnson, said, “The victims of these crimes are some of the most vulnerable members of our community. FBI Omaha agents work closely with our local, state and federal partners to identify human traffickers. We will continue to disrupt their activity in the areas we serve.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and the Lincoln Police Department.
Former Sidney Man Sentenced for Dumping Hazardous Waste Without a PermitRead the Press Release
United States Attorney Joe Kelly announced that Edward Miller, age 44, formerly of Sidney, Nebraska, was sentenced today by Senior United States District Judge Laurie Smith Camp to 33 months’ imprisonment for the disposal of hazardous waste without a permit. There is no parole in the federal system. After his release from the Bureau of Prisons, Miller will serve a three-year term of supervised release. Senior Judge Smith Camp ordered Miller to pay $25,471 in restitution.
The Resource Conservation and Recovery Act (RCRA) is the primary federal law regulating the generation, treatment, storage, and disposal of hazardous waste. Objectives of the RCRA include, among others things, protection of human health and the environment through stringent regulating guidelines. The disposal of hazardous waste is prohibited except in accordance with a RCRA permit.
An investigation conducted by the EPA Criminal Investigation Division determined that on October 24, 2017, Miller loaded a truck and flatbed trailer with various chemicals, which included pesticides, from a warehouse at Renkoski Property Development located in Sidney, Cheyenne County, Nebraska. The containers of chemicals were hazardous wastes due to their corrosivity and ignitability characteristics. Later that day, Miller drove the truck and flatbed trailer with the hazardous wastes through the District of Nebraska, where defendant, without a RCRA permit, disposed of the hazardous wastes by dumping, spilling, and placing the hazardous wastes at three undeveloped sites along South T Road approximately three miles south of Aurora, Hamilton County, Nebraska.
“The defendant’s disregard for the law created serious human health and environmental hazards,” said Assistant Special Agent in Charge Cate Holston of EPA’s Criminal Investigation Division in Kansas. “EPA and its law enforcement partners are committed to holding responsible parties accountable for violations that endanger our communities, first responders and the environment.”
This case was investigated by the EPA Criminal Investigation Division.
Omaha Man Sentenced for Conspiracy to Possess with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Michael Bentley, 45, of Omaha, Nebraska, was sentenced today by the Senior United States District Judge Laurie Smith Camp for his role in a conspiracy to possess with intent to distribute methamphetamine. He received a sentence of 132 months with a five-year term of supervised release to follow. There is no parole in the federal system.
On September 26, 2018, law enforcement executed a search warrant on Bentley’s home. Bentley had approximately 2.4 grams of methamphetamine in his possession. In a post-Miranda interview, Bentley stated that since as early as the preceding May or June, he had been distributing two pounds of methamphetamine per week.
Subsequently, on March 12, 2019, law enforcement stopped Bentley for speeding and Bentley was in possession of approximately 92.8 grams of actual methamphetamine.
This case was investigated by Omaha Police Department.
Winnebago Man Sentenced to 153 Months for Assault and Firearm ChargesRead the Press Release
United States Attorney Joe Kelly announced that Roman Perales, age 22, was sentenced in federal court today in Omaha, Nebraska, for assault with intent to commit any felony and discharging a firearm during and in relation to a crime of violence. United States District Judge Robert F. Rossiter, Jr. sentenced Perales to 153 months’ imprisonment. There is no parole in the federal system. Following Perales’s term of imprisonment, he will begin a 5-year term of supervised release.
On July 25, 2019, an altercation occurred outside of a residence in Winnebago, Nebraska. Perales was at the residence. Perales grabbed a .22 caliber rifle and fired it multiple times at individuals outside of the residence. A female victim was shot in the arm and bled from an open injury.
After shooting the first victim, Perales approached a second female. The second victim was in a vehicle at the time. The second victim told Perales that she was not involved in the altercation and just wanted to go home. Perales pointed the rifle at her face and threatened her. She believed that Perales was going to shoot her. Perales later fled the scene and hid the ammunition and the rifle.
On July 25, 2019, Perales was on federal supervised release for a prior felony conviction. Perales was previously convicted on June 15, 2015 of assault with intent to commit any felony, in the United States District Court for the District of Nebraska.
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. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
The case was investigated by Federal Bureau of Investigations and the Winnebago, Nebraska Police Department.
Wyoming Man Convicted of Making a Threat Against the PresidentRead the Press Release
United States Attorney Joe Kelly announced that Timothy Cessor, age 27, of Cheyenne, Wyoming, was convicted on July 29, 2020 of making a threat against the President of the United States following a three-day jury trial in federal court, in Omaha, Nebraska. United States District Judge Robert F. Rossiter, Jr. scheduled the sentencing for October 23, 2020. Cessor faces up to five years’ imprisonment.
Evidence at trial established that on February 4, 2019, Cessor broke into his father’s gun safe in his home in Cheyenne, took a .40 caliber pistol and ammunition, and began driving east toward Washington, D.C., to kill the President of the United States. Cessor made a short cell phone video in which he declared that he “will not tolerate an incompetent white house.” Cessor set out to go to the White House to shoot the President. A few hours into the trip east, while Cessor was in Nebraska, he called his father and stated that he was going to “take care of Trump.” After speaking with his father, Cessor turned around and returned to Cheyenne and received treatment at a medical facility in Cheyenne. While at the medical facility, Cessor stated that he had begun driving to Washington to kill the President.
This case is part of the Department of Justice’s Project Guardian and Early Disruption initiatives. These initiatives seek to address threats to the public safety presented by individuals who would seek to acquire or use firearms to achieve violence and injure others. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
The case was investigated by the United States Secret Service and the Cheyenne Police Department in Wyoming.
Grand Jury - July 2020Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 21 unsealed Indictments charging 26 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.
* Mario Alonzo Rodriguez, age 46, is charged with illegal reentry after deportation on or about June 29, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Jose Avila Reynoso, age 48, is charged with illegal reentry after deportation on or about June 16, 2020. 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.
* Orlando De Jesus Baralaga-Martinez, age 35, is charged with illegal reentry after deportation on or about December 30, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* John Bourisaw, age 28, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on January 22, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with using or possessing a firearm during a drug trafficking crime on or about January 22. 2020. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Carlos G. Diaz, age 18, of Victorville, California, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on May 28, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment.
* Luis Galvan-Borbolla, age 36, and Ignacio Palma, age 43, both of Omaha, are charged with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) on June 24, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about June 25, 2020.
* Taylor Grant, age 34, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with assault resulting in serious bodily injury in Indian Country on or about June 15, 2020. 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 the defendant with domestic assault resulting in substantial bodily injury in Indian Country on or about June 15, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Joaquin Gutierrez, age 29, of Omaha, is charged with a felon in possession of a firearm on or about June 17, 2020. 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.
* Josue Jonathan Herrera, age 31, is charged with illegal reentry after deportation on or about April 29, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Wilson Hidalgo-Alvarado, age 39, is charged with illegal reentry after deportation on or about July 28, 2019, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Pascual Lopez-Bernabe, age 31, is charged with illegal reentry after deportation following a felony conviction on or about May 13, 2020. 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 Antonio Lopez Tercero, age 35, is charged with illegal reentry after deportation on or about July 7, 2020. 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.
* Cleto Mendoza Ramiro, age 30, is charged with illegal reentry after deportation on or about July 2, 2020, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Gregory Neemann, age 54, and Michael Allison, age 50, both of Omaha, are charged in a three-count Indictment. Count I charges the defendants with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) beginning on or about March 9, 2020, and continuing to on or about March 13, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges Neemann with possession with intent to deliver 50 grams or more of methamphetamine (actual) on March 13, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count III charges Allison with possession with intent to deliver 500 grams or more of methamphetamine (mixture) on March 13, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 13, 2020.
* Bany Nyuon, age 29, of Omaha, is charged with a prohibited person (felon) in possession of a firearm on or about March 5, 2020. 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.
* Lonnie L. Perry, age 28, is charged in a four-count Indictment. Count I charges the defendant with interference with Interstate Commerce by way of Robbery on or about October 25, 2017. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about October 25, 2017. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with interference with Interstate Commerce by way of Robbery on or about November 5, 2017. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about November 5, 2017. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Sammie Odell Ranson, Jr., age 29, of Omaha, is charged in a three-count Indictment. Count I charges the defendant with interference with Interstate Commerce by way of Robbery on or about March 30, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm during and in relation to a crime of violence on or about March 30, 2020. The maximum possible penalty if convicted is life imprisonment consecutive, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with interference with Interstate Commerce by way of Robbery on or about April 5, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.
* Joseph Rauber, age 50, Almendra Escobedo-Orozco, age 35, Maria Sanchez-Delgado, age 26, and Silvia Flores-Martinez, age 25, are charged in a five-count Indictment. Count I charges Rauber and Escobedo-Orozco with conspiracy to distribute and possession with intent to deliver 500 grams or more of methamphetamine (mixture) beginning on or about March 1, 2020, and continuing to on or about May 28, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges Rauber with possession with intent to deliver 50 grams or more of methamphetamine (actual) on March 17, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count III charges Rauber with possession with intent to deliver 50 grams or more of methamphetamine (actual) on or about May 12, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count IV charges Rauber with possession with intent to deliver 50 grams or more of methamphetamine (actual) on or about May 19, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count V charges Sanchez-Delgado and Flores-Martinez with possession with intent to deliver a detectable amount of marijuana on or about May 19, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, two-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about May 19, 2020 and May 28, 2020.
* Charlie Rea, age 29, of Chicago, Illinois, is charged with possession with intent to deliver 400 grams or more of fentanyl (mixture), and 500 grams or more of cocaine (mixture) on or about June 27, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about June 27, 2020.
* Delmus Wilkerson, age 52, of Omaha, is charged with possession with intent to deliver 10 grams or more of fentanyl (mixture) on or about April 21, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment.
* Zhijun Xia, age 29, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with production of child pornography on or about June 1, 2018 and through on or about February 28, 2020. The maximum possible penalty is 30 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $50,000 additional special assessment. Count II charges the defendant with coercion and enticement of a minor beginning on or about July 9, 2020, through on or about July 11. 2020. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment and $5,000 additional special assessment.
La Vista Man Sentenced for Cyberstalking and Child PornographyRead the Press Release
United States Attorney Joe Kelly announced the Cory Proplesch, 29, of La Vista, Nebraska, was sentenced in federal court on July 24, 2020 for Cyberstalking and Possession of Child Pornography. United States District Judge Robert F. Rossiter, Jr. sentenced Proplesch to concurrent terms of 60 months for cyberstalking and 135 months for possession of child pornography. There is no parole in the federal system. After he completes his sentence, Proplesch will begin a five-year term of supervised release. He will also be required to register as a sex offender.
Proplesch targeted a 17-year-old high school student in May, 2018. He used an alias to send threatening Snapchat messages seeking sexually explicit photos. Proplesch requested that the girl excuse herself from class, go to the restroom, and send him nude photographs. He told her he knew where she lived and would sexually assault her if she refused. She went to the police.
The Sarpy County Sheriff’s Office and the FBI Child Exploitation Task Force searched Proplesch’s apartment in September, 2018. Proplesch admitted to the Snapchat messages sent to the high school student. Investigators located 13 videos and 278 images of child pornography. Included in the videos were two 14-year-old minors engaged in sexually explicit conduct in Proplesch’s apartment. Proplesch used a security camera to record the activity before transmitting it to a thumb drive.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI’s Child Exploitation Task Force and the Sarpy County Sheriff’s Office.
Omaha Man Sentenced for Conspiracy to Distribute Methamphetamine and HeroinRead the Press Release
United States Attorney Joe Kelly announced that on July 24, 2020, Dawon L. Hughes, 37, of Omaha, Nebraska, (formerly of Lincoln, Nebraska), was sentenced to 11 years and seven months (139 months) in federal prison by Chief United States District Judge John M. Gerrard. Hughes was sentenced for conspiracy to distribute and possess with the intent to distribute 50 grams or more of methamphetamine (actual), 500 grams or more of methamphetamine mixture, and an unspecified amount of heroin. Following the prison term, Hughes will serve five years on supervised release. There is no parole in the federal system.
Information provided to law enforcement indicated that Hughes was responsible for the distribution of at least 50 grams (approximately 1 ¾ ounces) of actual/pure methamphetamine, at least five kilograms (approximately 11 pounds) of methamphetamine mixture and at least 40 grams (approximately 1 ½ ounces) of heroin in the Lincoln area between March of 2015 and April of 2018.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Guilty Verdict for Parolee-Felon in Possession of FirearmsRead the Press Release
United States Attorney Joe Kelly announced that on July 24, 2020, Emmanuel John of Omaha was found guilty following a jury trial before United States District Judge Brian C. Buescher on six counts of being a felon in possession of a firearm. John will be sentenced on October 21, 2020, and faces up to 10 years’ incarceration on each of the six counts. This was the first jury trial in federal court in Nebraska since trials were suspended due to COVID.
Between July 2018 and August 2018, John illegally sold eight guns to a confidential informant during six separate controlled buys. At the time of the events, John, a Trip Set gang member, was out on parole for a robbery conviction. Following his arrest on the federal case, John’s parole was revoked and he was sent back to the Nebraska Department of Corrections where he remained in custody.
As a now three-time convicted felon, John’s arrest was part of a Project Safe Neighborhood initiative and a larger operation to make controlled purchases of firearms and narcotics, which targeted members of the Trip Set and African Pride gangs. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department. Project Safe Neighborhood is a national initiative of the Department of Justice that was announced in 2001 to reduce and prevent violent crime and make the nation’s neighborhoods safer.
Lincoln Man Sentenced for Producing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Aaron Lee Fischer, 27, of Lincoln, Nebraska, was sentenced today in Lincoln by Chief United States District Judge John M. Gerrard for production of child pornography. Fischer was sentenced to 21 years and 10 months in prison. There is no parole in the federal system. After his release from prison, Fischer will begin a 10-year term of supervised release and will be required to register as a sex offender. He was also ordered to pay $3,000 in restitution to the victim of the crime.
In May of 2019, a counselor at a local middle school reported to Lincoln Police that a 13-year-old student had told an aide at the school about meeting an “older boy” at a park in Lincoln and being driven back to his apartment where a sexual encounter took place. The victim’s mother was contacted and a search of the victim’s cell phone revealed a video of the victim and Fischer engaging in sexually explicit contact.
Further investigation determined that Fischer had communicated with the victim through various internet-based social media platforms. The communications culminated with Fischer arranging a meeting with the minor victim. A subsequent search of Fischer’s cell phone also revealed 14 additional videos of child pornography later identified as a second minor victim.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Lincoln Police Department.
Omaha Man Sentenced for Lincoln Jewelry Store RobberyRead the Press Release
United States Attorney Joe Kelly announced that Chief U.S. District Judge John M. Gerrard sentenced Joshua Z. Dortch, 29, today to 14 ½ years in federal prison to be followed by 5 years of supervised release. Dortch previously pleaded guilty to interference with commerce by robbery and brandishing a firearm during that robbery.
On March 23, 2018, at approximately 1:14 p.m., two armed men with gloves and masks entered the Sartor Hamann Jewelry Store located at 2900 Pine Lake Road, Lincoln, Nebraska, and demanded people in the store to not move and to be quiet. One of the men smashed a watch case and the robbers left the store with 25 Rolex watches. One of the watches was equipped with a GPS tracker. Officers were able to locate Dortch and his co-defendant, Anwar Hunt, the watches and other evidence tying them to the robbery within a short time.
Hunt was sentenced previously to 13 ½ years’ imprisonment.
The Lincoln Police Department and the FBI Great Plains Violent Crime Task Force, comprised of FBI agents, Omaha Police Department detectives, Nebraska State Patrol Investigators and Papillion Police Department Detectives, are responsible for the investigation of the robbery.
Fremont Man Sentenced to More Than 16 Years in Prison for Conspiring to Possess with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that James Maynard, age 28, of Fremont, Nebraska, was sentenced on July 16, 2020, in federal court in Omaha, Nebraska, for conspiracy to possess with intent to distribute methamphetamine. Chief United States District Court Judge John M. Gerrard sentenced Maynard to 200 months’ imprisonment. After completing his term of imprisonment, Maynard will be required to serve a 5-year term of supervised release. There is no parole in the federal system.
On July 11, 2018, Dodge County Deputy Sheriffs stopped Maynard driving a vehicle on a Dodge County highway after observing him commit a number of traffic violations. During the stop, deputies noticed drug paraphernalia inside Maynard’s vehicle and asked him to step outside. In response, Maynard drove away leading deputies on a chase where speeds exceeded 100 mph. During the chase, Maynard threw out several evidentiary items including approximately 300 grams of actual methamphetamine. Maynard eventually crashed his vehicle and was arrested after a foot chase. During a post arrest interview, Maynard admitted selling methamphetamine for the past several months.
This case was investigated by the Dodge County Sheriff’s Office.
Five-Time Convicted Felon Sentenced for Assaulting, Resisting, and Impeding a Federal Wildlife OfficerRead the Press Release
United States Attorney Joe Kelly announced that Michael Ellis, 51, of Omaha, was sentenced today in federal court in Omaha to 12 months’ imprisonment, the maximum possible sentence, for Assaulting, Resisting, Opposing, Impeding, Intimidating, and Interfering with a federal officer by United States Magistrate Judge Susan M. Bazis. There is no parole in the federal system. After his release from imprisonment, Ellis will serve a 1-year term of supervised release.
On August 10, 2019, a Federal Wildlife Officer was in uniform and driving a marked United States Fish and Wildlife Services vehicle while patrolling the Boyer Chute National Wildlife Refuge. The officer observed Ellis’s vehicle driving on a portion of County Road P51 on the Wildlife Refuge that had been closed due to flooding. The officer stopped Ellis’s vehicle. The officer walked up to the driver’s side and spoke with Ellis, who was the driver. The officer observed open containers of beer in the cup holders of the center console. The officer asked Ellis to turn off his vehicle and requested his identification. Ellis did neither and instead took off his seat belt. Ellis eventually provided the officer with his Nebraska Identification card. The officer told Ellis he was trespassing and Ellis stated that the road closed sign did not say “no trespassing.” A records check indicated that Ellis did not have a valid driver’s license. The officer asked Ellis if he had any weapons in the vehicle and Ellis stated he had knives. The officer requested a Washington County Sheriff’s Deputy to come to the scene and Ellis stated “man, I’m taking off…” and “I ain’t going to [expletive] jail again, dude.” The officer ordered Ellis out of the vehicle and Ellis refused to comply. The officer then attempted to remove Ellis from the vehicle and Ellis pulled away from the officer and pulled his arms away from the officer while the officer tried to handcuff Ellis. Ellis kept reaching toward his waist as he was struggling with the officer. During this, Ellis stated, “you ain’t putting them damn [handcuffs] on me.” The officer was able to handcuff one of Ellis’s wrists, but due to Ellis pulling away was unable to handcuff Ellis’s second wrist. The officer then pinned Ellis against Ellis’s vehicle while waiting for a Washington County Sheriff’s Deputy to arrive. During this time, Ellis stated to the officer, “You don’t understand man, you’re [expletive] with one of the North Omaha boys,” that he has “done all kinds of dirty work,” and “you’re done.” Upon the second officer arriving, Ellis’ second wrist was able to be handcuffed. During a search of Ellis, multiple knives were found in a case on Ellis’s belt, from Ellis’s waistband, and in Ellis’s pockets.
Ellis is a five-time convicted felon with an extensive criminal history dating back 30 years that includes assaultive behavior and carrying knives. Magistrate Judge Bazis when imposing this maximum possible sentence noted that Ellis’s behavior on August 10 put both himself and the officer in danger. Magistrate Judge Bazis also noted the dangers faced by Federal Wildlife Service Officers who work in remote areas with little to no backup readily available to them if they need help in situations like these. In this case Washington County Sheriff deputies had to leave their normal patrol areas to assist and one off-duty officer was eating dinner and left his personal residence to come to the scene to assist.
This case was investigated by United States Fish and Wildlife Service and Washington County Sheriff’s Office.
Norfolk Man Sentenced to Life Imprisonment for First Degree Murder in Indian CountryRead the Press Release
United States Attorney Joe Kelly announced that Joseph Lloyd James, 49, of Norfolk, was sentenced today in federal court in Omaha to life imprisonment for First Degree Murder in Indian Country by United States District Court Judge Brian C. Buescher. On November 5, 2018, James murdered Phyllis Hunhoff of Yankton, South Dakota, on the Santee Sioux Indian Reservation in Nebraska. There is no parole in the federal system. As part of his plea agreement, he waived his right to appeal, to seek a pardon, or seek a commutation.
Phyllis Hunhoff regularly traveled from her home in Yankton to her mother’s home in Utica, South Dakota. Her regular practice was to call her mother upon returning to Yankton. On November 4, 2018, at approximately 10 p.m., Phyllis Hunhoff left her mother’s residence, alone, to drive home to Yankton. She did not call her mother as she did not make it home. Having not heard from her daughter, her mother began repeatedly calling her phone to determine her whereabouts. All calls were unanswered.
James and other men were near Phyllis Hunhoff’s mother’s residence as she was leaving. James and another man encountered Phyllis Hunhoff outside of the residence and got into her car with her inside. James, Phyllis Hunhoff, and another man traveled to Norfolk, Nebraska, arriving at about 11:00 p.m. When they arrived in Norfolk, James remained in the vehicle, and the other man left the vehicle. James drove Phyllis Hunhoff’s vehicle, with her inside, to the Santee Sioux Indian Reservation in Knox County, Nebraska.
During the early morning hours of November 5, 2018, while on the Santee Sioux Indian Reservation, James killed Phyllis Hunhoff. He stabbed her with a knife and strangled her. She died in her vehicle as a result of the bleeding and strangulation. James drove Phyllis Hunhoff’s vehicle to a gas station on the Santee Sioux Indian Reservation. Video from the gas station showed James putting gasoline into her vehicle and driving away. Later, James returned in the same vehicle to the gas station and pumped gasoline into a soda bottle. James put the bottle containing the gasoline into the vehicle. He then drove to a wooded location on the Santee Sioux Indian Reservation in Knox County, Nebraska, where he set fire to Hunhoff’s body and her vehicle to conceal evidence of the murder. He abandoned the body and vehicle and left the area.
Law enforcement officers investigated the murder and obtained evidence, including surveillance footage of James at the gas station during the early morning hours of November 5, 2018. Santee Police recovered the shirt James was wearing when he killed Phyllis Hunhoff. Her DNA was on James’ shirt. James’s DNA was on clothing Phyllis Hunhoff was wearing when he killed her.
“Your conduct has taken a life and altered the lives of others,” Judge Brian C. Buescher told James before imposing a life sentence. “I hope you remember the pain you caused for everyday of your sentence which will be for the rest of your life.”
U.S. Attorney Kelly stated, “This was a brutal, horrific, and senseless murder and we hope that today’s life sentence brings some small comfort for the family.”
FBI Omaha Special Agent in Charge Kristi Johnson said, “The Santee Sioux Nation Tribal Police, Knox County Sheriff and Nebraska State Patrol partnered with FBI Omaha to investigate the brutal murder of Phyllis Hunhoff. Those efforts brought us to Joseph James’s life sentence today. The FBI will continue to work with our law enforcement and Native American partners and to fight crime on tribal land.”
The case was investigated by the Federal Bureau of Investigation, the Nebraska State Patrol, Knox County Sheriff’s Office, Santee Sioux Nation Tribal Police, Yankton County Sheriff’s Office, Yankton Police Department (South Dakota), Norfolk Police Department, the University of Nebraska Medical Center, the Nebraska State Fire Marshal, and the Lincoln Police Department.
The case was prosecuted by Assistant United States Attorneys Jody B. Mullis and Sean P. Lynch.
Former Lincoln Daycare Worker Pleads Guilty to Producing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Titus J. Miller, age 27, of Lincoln, Nebraska, entered a plea of guilty today in federal court in Lincoln before United States Magistrate Judge Cheryl R. Zwart for producing child pornography. Miller admitted to the sexual exploitation of five children between August 17, and October 15, 2019. Magistrate Judge Zwart set Miller’s sentencing for October 15, 2020, at 12:00 p.m., before Senior United States District Judge Richard G. Kopf. Miller faces up to 30 years’ imprisonment and a fine of $250,000 on each count. After release from any imprisonment, Miller would be subject to a term of supervised release of not less than five years and up to life and will also be required to register as a sex offender.
Miller was employed at Playful Painters Daycare, located in Lincoln. Miller worked at night and was a supervisor at the daycare. During the time periods of the Indictment, Miller produced videos of minor victims, with ages ranging from 4 to 6 years old, engaging in sexually explicit conduct. Miller used a cellular phone to produce the videos and transported some of the videos to a person in Alabama.
United States Attorney Kelly expressed his appreciation to the Federal Bureau of Investigation and the Lincoln Police Department for their thorough investigation upon receiving notification of children being placed at risk of being sexually abused.
FBI Omaha Special Agent in Charge Kristi Johnson said today, “Titus Miller’s sexual abuse of 5 innocent children is an especially heinous crime. The FBI will use all its investigative strength to bring those who exploit children to justice. The FBI’s Lincoln office, together with the Lincoln Police department, worked tirelessly on the investigation which has now concluded with Miller’s guilty plea.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Federal Bureau of Investigation and the Lincoln Police Department.
Oakdale Man Sentenced for Unlawfully Possessing FirearmsRead the Press Release
United States Attorney Joe Kelly announced that Max Kerkman, 30, of Oakdale, Nebraska, was sentenced on July 10, 2020, in Lincoln, Nebraska, by Chief United States District Judge John M. Gerrard for being an unlawful user in possession of a firearm. Kerkman was sentenced to 24 months in prison and will also serve 3 years on supervised release. There is no parole in the federal system.
On June 20, 2018, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) executed a search warrant at Kerkman’s residence and found several firearms and a silencer, along with small quantities of methamphetamine and paraphernalia consistent with the use of methamphetamine.
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. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Omaha Man Sentenced to 90 Months for Distributing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Joseph A. Porter, age 35, of Omaha, Nebraska, was sentenced today by United States District Judge Robert F. Rossiter, Jr. to 90 months’ imprisonment for receipt and distribution of child pornography. There is no parole in the federal system. After his release from prison, Porter will begin a 10-year term of supervised release and will be required to register as a sex offender. Judge Rossiter ordered Porter to pay restitution in the amount of $12,000.
On April 20, 2018, an FBI agent was conducting an investigation of individuals using Kik, an online website, to share child pornography. The agent received a private message from Porter using an alias and this identified him as a person of interest.
On May 10, 2018, the FBI executed a federal search warrant of Porter’s residence in Omaha. The FBI seized numerous digital devices. Porter gave a voluntary statement to law enforcement in which he admitted to using Kik. A forensic review of Porter’s Kik account and digital devices revealed at least seventy-four (74) graphic files of minors engaged in sexually explicit conduct. At least twenty-eight (28) video files were identified as minors engaged in sexually explicit conduct. The forensic review of Porter’s Kik account and digital devices further revealed that between on or about January 1, 2018, through May 9, 2018, Porter, using the internet, distributed and received images and videos of minors engaged in sexually explicit conduct. Most of the images comprising his collection consisted of children under the age of 12 engaged in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force
Mexican Citizen Illegally in the United States Sentenced as Methamphetamine DistributorRead the Press Release
United States Attorney Joe Kelly announced that Daniel Chona-Romero, 34, was sentenced today by United States District Judge Robert F. Rossiter, Jr. to 60 months’ imprisonment for distributing methamphetamine. Chona-Romero was also sentenced to a 3-year term of supervised release following his release from the Bureau of Prisons. There is no parole in the federal prison system. Chona-Romero will be deported from the United States to Mexico after serving his prison term.
Chona-Romero sold methamphetamine to an FBI Confidential Human Source on two occasions, October 24, and November 1, 2018, yielding one ounce and two ounces, respectively. A forensic laboratory analysis showed the methamphetamine sold to be 95% pure. Chona-Romero was subsequently arrested by agents in Omaha.
This case was investigated primarily by the Federal Bureau of Investigation.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Joseph William Burns, 37, of Lincoln, Nebraska, was sentenced today by Chief United States District Judge John M. Gerrard to 15 years and two months, (182 months), in federal prison for conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Following the prison term, Burns will serve five years on supervised release. There is no parole in the federal system.
Information provided to law enforcement indicated that Burns was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine in the Lincoln area between August of 2017 and April of 2019.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Ralston Man Sentenced for Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Paul Zuroske, 62, of Ralston, Nebraska, was sentenced in federal court for receiving child pornography. Senior United States District Judge Laurie Smith Camp sentenced Zuroske to 60 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 and will be required to register as a sex offender. Judge Smith Camp also imposed a $5,000 special assessment.
On April 4, 2019, a search warrant was executed on Zuroske’s home in Ralston. CyberTips from the National Center for Missing and Exploited Children indicated that an IP address at the home was uploading images of child pornography. Forensic review of Zuroske’s computer devices revealed more than 8,900 images of child pornography. Some of the images depicted children, some as young as 2 years old, engaged in sexually explicit conduct.
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 Bellevue Police Department and Homeland Security Investigations.
Omaha Man Sentenced for Methamphetamine TraffickingRead the Press Release
United States Attorney Joe Kelly announced that Anthony Robb, 44, of Omaha, Nebraska, was sentenced by United States District Judge Robert F. Rossiter, Jr. on June 26, 2020 for Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine. Robb received a sentence of 120 months with a five-year term of supervised release to follow. There is no parole in the federal system.
On January 22, 2019, law enforcement conducted a traffic stop on Anthony Robb, who was in possession of 1.1 grams of methamphetamine. Robb admitted to meth possession and consented to a search of his home. At his home, officers located 41.56 grams of methamphetamine.
Ultimately, Robb admitted to involvement in a methamphetamine trafficking conspiracy beginning as early as July 1, 2018 and continuing until January 22, 2019, in which Robb obtained methamphetamine from suppliers and redistributed it. Robb admitted that he is responsible for distribution of 2.37 kilograms of methamphetamine in addition to that which was seized from him.
This case was investigated by Omaha Police Department.
Macy Couple Sentenced for Abuse of Foster ChildRead the Press Release
United States Attorney Joe Kelly announced that Charles Neil Parker, 39, and Krista Parker, 36, were sentenced today in federal court in Omaha for multiple counts of intentional child abuse. United States District Judge Robert F. Rossiter, Jr. sentenced Charles Neil Parker and Krista Parker each to 72 months’ imprisonment. There is no parole in the federal prison system. After their releases from prison, Charles Neil Parker and Krista Parker will each serve an 18-month term of supervised release.
In September 2018, officers responded to a residence in Macy, Nebraska, after receiving a report that a party guest at the residence had observed a child locked in the basement. Officers located the then-nine-year-old victim in a locked utility room in the basement. The door to the room was secured with an eye-hook latch on the outside and had a contact alarm that sounded when the door was opened. Officers observed that the room had a concrete floor, no windows, and no ventilation. The victim had two urine-soaked blankets on the floor to sleep on. The floor and walls were also soiled with urine and feces. The officers observed two toys, an empty chip bag, and an empty soda bottle. The wall contained stick figure drawings and tally marks. The door had scratch marks dug into it on the inside.
Krista Parker was located intoxicated and asleep in another room of the house. During an interview the next day, Krista Parker first stated that the victim must have wandered into the room and gotten locked in by mistake, but later admitted to locking the victim in the room because she wanted to “have one night of fun” after a stressful week at work. Krista Parker had sent her biological children to their grandmother’s house for the night. Charles Neil Parker could not be located on the night of the report, but during a subsequent interview admitted that the Parkers locked the victim in the room sometimes due to his behavior.
The victim, who suffers from cognitive delays and is believed to be on the autism spectrum, reported that he always slept and ate in the room and was unable to leave the room to use the bathroom. The victim was identified as a foster child placed in the Parkers’ care by the Omaha Tribe Children and Family Services. At the time, Krista Parker was employed with Children and Family Services as a case aid.
Judge Rossiter described the Parkers’ treatment of the victim as “horrible” and “unforgiveable.”
United States Attorney Joe Kelly stated, “Today justice was done for one of the most vulnerable victims—a child placed with a couple who saw an opportunity to make money while continuing to exploit a child who was unable to cry out for help.”
FBI Special Agent in Charge Kristi Johnson says the FBI agents who investigate violent crime in Indian Country are passionate about the tribal communities they serve. “Once the Omaha Nation Law Enforcement Services responded to the 911 call and arrested Krista Parker on local charges, the FBI immediately started investigating. Their work resulted in federal charges and today’s federal sentences against Parker and her husband.”
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 Omaha Nation Law Enforcement Services and the Federal Bureau of Investigation.
Lincoln Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Janalee M. Ramirez, 35, of Lincoln, Nebraska, was sentenced today to five years and three months, (63 months), in federal prison, by Chief United States District John M. Gerrard, for conspiracy to distribute 50 grams or more of actual (pure) methamphetamine and 500 grams or more of methamphetamine mixture. Following the prison term, Ramirez will serve three years on supervised release. There is no parole in the federal system.
Information provided to law enforcement indicated Ramirez was responsible for the distribution of at least 50 grams (approximately 1 ¾ ounces) of actual methamphetamine and at least 1.5 kilograms (approximately three pounds) of methamphetamine mixture in the Lincoln area between April 2018 and April 2019. On April 22, 2019, Ramirez agreed to let officers search her Lincoln apartment. During that search, two baggies containing methamphetamine residue were found. At that time, Ramirez admitted to officers that she had about five methamphetamine customers who were buying ¼ ounce to ½ ounce quantities at a time.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Former Air Force Staff Sergeant Sentenced for Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Willis T. Brown, 31, formerly a Staff Sergeant for the United States Air Force, was sentenced today in federal court for possessing child pornography. United States District Judge Robert F. Rossiter, Jr. sentenced Brown to 54 months’ imprisonment. There is no parole in the federal system. After his release from prison, Brown will begin a 7-year term of supervised release and will be required to register as a sex offender.
The Nebraska State Patrol was conducting an undercover investigation into individuals receiving child pornography through the internet. A computer at Brown’s residence was identified as sharing images of child pornography. Two of the files involved seven- to nine-year-old girls engaging in sexually explicit conduct. A search warrant was executed in October 2018. Forensic examination of Brown’s devices revealed five images of child pornography in unallocated space. Search terms indicating earlier searches of child pornography were also found.
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.
Omaha Woman Sentenced for Possession of Methamphetamine with Intent to Distribute while ArmedRead the Press Release
United States Attorney Joe Kelly announced that Jessica Kleckner, 38, of Omaha, Nebraska, was sentenced today by United States District Judge Robert F. Rossiter, Jr. for possession of methamphetamine with intent to distribute and carrying a firearm in furtherance of a drug trafficking crime. She received a total sentence of 137 months with a five-year term of supervised release to follow. There is no parole in the federal system.
On August 15, 2019, Omaha Police Department officers executed a search warrant at a residence. Officers observed Kleckner standing by the passenger side of a silver Jeep Nitro. Officers detained her and deployed a drug detection canine that alerted to the odor of narcotics emanating from the vehicle. Inside of the vehicle, officers found Kleckner’s purse. In it, officers located 16.9 grams of lab-confirmed actual methamphetamine, numerous narcotic pills, baggies, a scale, drug ledgers, and a loaded 9mm Arsenal handgun.
This case was investigated by Omaha Police Gang Unit as part of Project Safe Neighborhoods, which is a national initiative of the Department of Justice that was announced in 2001 to reduce and prevent violent crime and make the nation’s neighborhoods safer.
Loomis Man Sentenced to 12 Years for Distributing Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Trevor C. Maaske, age 21, of Loomis, Nebraska, was sentenced today by United States District Judge Robert F. Rossiter, Jr. to 144 months’ imprisonment for receipt and distribution of child pornography. There is no parole in the federal system. After his release from prison, Maaske will begin an 8-year term of supervised release and will be required to register as a sex offender. Judge Rossiter ordered Maaske to pay restitution in the amount of $9,000.
An investigation conducted by FBI determined that on July 19, 2019, an agent with the FBI, while working in an undercover capacity on the internet, received a private message from Maaske using Kik Messenger. Kik Messenger is an online application and website with servers located outside the State of Nebraska. During the course of the Kik Messenger conversation between Maaske and the FBI agent, Maaske sent the FBI agent a video of a minor child undressing and completely naked. Upon receipt of the video, the FBI immediately obtained and executed a federal search warrant of Maaske’s residence. The FBI seized a digital device from Maaske’s bedroom, which contained child pornography that had been sent and received through the internet.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force
Iowa Man Sentenced to 240 Months for Drug ConspiracyRead the Press Release
United States Attorney Joe Kelly announced that Travis Christopher Harvey, 42, of West Des Moines, Iowa, was sentenced on June 24, 2020 by United States District Judge Robert F. Rossiter, Jr. for conspiracy to distribute and for possessing with intent to distribute five hundred grams or more of methamphetamine. Harvey received a sentence of 240 months with a five-year term of supervised release to follow. There is no parole in the federal system.
In mid-2018, a Drug Enforcement Administration led task force initiated Operation Dog Pound, which was a drug interdiction effort focused on an Omaha, Nebraska, drug trafficking organization. Harvey was identified during the investigation as a distributor in the Des Moines, Iowa, area that was receiving multi-pound shipments of methamphetamine from his Omaha supplier. Investigators utilized phone and text messaging intercepts, vehicle trackers, and physical surveillance to establish Harvey’s involvement in the conspiracy.
A federal jury convicted Harvey in February of this year. Evidence at trial included $30,000 that was seized and intercepted phone calls between Harvey and his source. At sentencing, Judge Rossiter found Harvey responsible for at least 5.4 kilograms of methamphetamine. Harvey’s sentence of 240 months is noteworthy because of his extensive criminal history, which included several drug, firearm, assault, burglary, and domestic violence convictions, placing him in the highest possible category for criminal history.
The Drug Enforcement Administration, Nebraska State Patrol, U.S. Customs and Border Protection, Omaha Police Department, Bellevue Police Department, U.S. Postal Inspection Service, and U.S. Attorney’s Office were the investigating agencies.
Omaha Man Sentenced to 46 Months for Healthcare FraudRead the Press Release
United States Attorney Joe Kelly announced that Nereus Sutko, 38, of Omaha, Nebraska, was sentenced today in federal court in Omaha for healthcare fraud. Chief United States District Judge John M. Gerrard sentenced Sutko to 46 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Sutko will serve a 3-year term of supervised release. Sutko will also be required to pay $809,561 in restitution and will forfeit certain property, including a Corvette and a speedboat.
In 2017, investigators began receiving reports of suspicious billings by Better Lives, LLC. The investigation showed that between 2010 and 2019, Sutko operated Better Lives, an Omaha-based business purporting to sell durable medical equipment to Medicare and Medicaid beneficiaries. Sutko hosted pizza parties and other gatherings at senior living residences and low-income housing facilities and obtained healthcare program beneficiaries’ personal and insurance information under the guise of providing free items such as heating pads or shoe inserts. Sutko offered gift cards and other rewards to people who referred healthcare beneficiaries to him or provided him with the names and insurance information of beneficiaries. Sutko then billed healthcare programs, including Medicare, Nebraska Medicaid, and Iowa Medicaid for fitted braces and other durable medical equipment that was never prescribed for nor provided to the beneficiary. Investigators interviewed dozens of beneficiaries throughout their investigation. Sutko primarily targeted beneficiaries in the Lincoln and Omaha, Nebraska, and Des Moines, Iowa areas. Between 2010 and 2019, Sutko was paid more than $1.8 million by Medicare, Nebraska Medicaid, and Iowa Medicaid. On May 8, 2019, investigators from multiple federal and state agencies executed a search warrant at Sutko’s residence in Omaha and took Sutko into custody on a federal arrest warrant.
United States Attorney Joe Kelly reminds the public that elder fraud and schemes that target and use the elderly are a priority of the Department of Justice.
“Sutko thought his scams would result in riches, but he failed to account for the commitment of our investigators to root out such fraud,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue working with our Federal and State law enforcement partners to protect taxpayers and the integrity of government health programs.”
This case was investigated by the United States Department of Health and Human Services Office of Inspector General Office of Investigations, the Iowa Medicaid Fraud Control Unit, and the Nebraska Attorney General’s Office Medicaid Fraud and Patient Abuse Unit with assistance from the Social Security Administration Office of Inspector General Office of Investigators.