District of New Mexico
Press releases recorded for this federal judicial district.
Federal jury finds Albuquerque man guilty of assaulting letter carrierRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal jury on Oct. 25 returned a guilty verdict on Elias Gallegos. The jury convicted Gallegos, 27, of Albuquerque, of assaulting a federal officer using a deadly or dangerous weapon, a knife.
Gallegos assaulted a U.S. Postal Service letter carrier on Sept. 17, 2021, as the letter carrier was delivering mail on foot near the corner of Constitution Avenue NE and Monroe St. NE in Albuquerque. Gallegos brandished a knife at the letter carrier, chased him, and then threw a rock at him, which missed.
The letter carrier returned to his mail truck and called 911. As Albuquerque police responded to the scene and attempted to approach Gallegos, Gallegos fled on foot. Gallegos jumped several residential backyard fences before police contained him to a shed in the backyard of a residence on Manzano Street. When Gallegos attempted to approach the back door of the residence, officers apprehended him. During a search of the shed where Gallegos had been hiding, officers found a torch lighter and the pocketknife used in the assault.
“Letter carriers take pride in meeting their appointed rounds regardless of the wrath of the elements,” said U.S. Attorney Uballez. “Our responsibility is to ensure they remain unharmed by assailants as they carry out their duties. I want to thank our Assistant U.S. Attorneys whose hard work won this verdict, as well as our law enforcement partners at the U.S. Postal Inspection Service and the Albuquerque Police Department for investigating this case.”
“The safety of our employees is critical to our mission. U.S. Postal Inspectors will continue to investigate all acts of violence against our employees and bring those who attack them to justice,” stated Melisa Llosa, Inspector in Charge of the USPIS Phoenix Division.
Gallegos will remain in custody pending sentencing, which has not been scheduled. He faces up to up to 20 years in prison.
The U.S. Postal Inspection Service and the Albuquerque Police Department investigated this case. Assistant United States Attorneys Samuel A. Hurtado and Patrick Cordova are prosecuting the case.
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Deming man pleads guilty to child pornography chargesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jeffery Dean Biddle pleaded guilty on Oct. 26 to production and attempted production of child pornography, receipt and attempted receipt of child pornography, and enticement and attempted enticement of a minor. Biddle, 41, of Deming, New Mexico, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, from about June 24, 2021, to Sept. 4, 2021, Biddle used his cell phone to knowingly coerce someone he believed to be an eight-year-old girl to take pornographic photos to send to him by text message. Biddle specifically requested “naked” pictures and asked for nude photographs approximately 24 times. During these text exchanges, Biddle also sent nude photographs of himself. On June 24, 2021, Aug. 1, 2021, and Sept. 4, 2021, Biddle knowingly received and attempted to receive child pornography from the person he believed was eight years old.
By the terms of his plea agreement, Biddle faces a minimum of 35 years and up to life in prison.
Homeland Security Investigations (HSI) investigated this case with assistance from the FBI, the Drug Enforcement Administration’s Las Cruces District Office, New Mexico State Police, the Deming Police Department, and the District Attorney’s Office for the Sixth Judicial District as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.
Assistant United States Attorneys Marisa A. Ong and Matilda McCarthy Villalobos are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
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Albuquerque woman pleads guilty to conspiracy to defraud the United StatesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Stacy M. Underwood pleaded guilty on Oct. 21 to conspiracy to defraud the United States. Underwood, 51, of Albuquerque, will remain on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, beginning in January 2005, Underwood and her business partner, David Wellington, 62, of Albuquerque, operated National Business Services, which promoted, sold and created Limited Liability Companies (LLCs) under New Mexico State Law. For many clients, National Business Services would open bank accounts under the names and IRS employer identification numbers (EIDs) of the LLCs, and the clients – whose names were not associated with the bank accounts - would have access to the funds in those accounts. Clients received debit cards, online bank access information and pre-signed checks with Underwood’s signature, which clients could use to access the money despite the bank never associating the client with the account.
Underwood and Wellington organized at least 192 LLCs in New Mexico between 2005 and 2015 on behalf of clients seeking to shield income from the IRS. Underwood opened at least 114 bank accounts for these clients. Underwood was the sole signer for 99 such accounts. Between Jan. 1, 2011, and July 31, 2018, over $40 million was deposited into clients’ accounts that were in the nominal control of Underwood.
Wellington was indicted on June 23, 2021, along with National Business Services client Jerry Shrock, 47, of Meadowview, Virginia. Wellington was arraigned on July 9, 2021, and Shrock was arraigned on June 15, 2021. Wellington and Schrock are charged with conspiracy to defraud the United States. Wellington faces an additional count of operation of an unlicensed money transmitting business. Wellington and Shrock remain on conditions of release pending trial, which is scheduled for Feb. 21, 2023.
According to the indictment, National Business Services created multiple LLCs in New Mexico for Shrock. Between May 9, 2011, and June 30, 2015, Shrock allegedly deposited and withdrew approximately $4,875,940, of which at least $4,347,101 was income for which Shrock never filed a personal or business tax return with the IRS.
Underwood and Shrock face up to five years in prison. Wellington faces up to 10 years in prison.
IRS Criminal Investigation investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.
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Taos business owner sentenced to prison for failure to pay taxes withheld from employee paychecksRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Diane Mariani, 67, of Taos, New Mexico, was sentenced on Oct. 19 to three months in prison and nine months on home detention for willful failure to collect or pay over tax. The Court further ordered Mariani to pay $203,137 as restitution for the Internal Revenue Service, and to pay an additional $150,000 fine. Mariani pleaded guilty on May 18.
Until 2015, Mariani was co-owner, operator and treasurer of Taos RPM LLC, and beginning in 2015 Mariani, was co-owner, operator, and treasurer of Mountain Resort Management, Inc., in Taos, New Mexico. Mountain Resort Management did business as Snakedance Condominiums, Bumps Market and Hondo Restaurant. Mariani was responsible for paying employees of Snakedance Condominiums and Mountain Resort Management and knew she had a duty to withhold federal income taxes, Social Security taxes, and Medicare taxes – collectively referred to as “trust fund taxes” – from employee paychecks. She also knew that she had a duty to report those taxes on a quarterly basis and to deposit those taxes on a regular basis.
From the first quarter of 2015 through the fourth quarter of 2018, Mariani withheld at least $203,137 in trust fund taxes from the employees she paid. Mariani willfully failed to pay those taxes to the IRS.
Upon completion of her prison and home detention sentence, Mariani will be subject to three years of supervised release.
IRS Criminal Investigation investigated this case. Assistant United States Attorney Jeremy Peña prosecuted the case.
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Portales man pleads guilty to production of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Augustin Gallegos pleaded guilty on Oct. 17 to production of child pornography. Gallegos, 37, of Portales, New Mexico, will remain in custody pending sentencing, which has been scheduled for Jan. 17, 2023.
According to the plea agreement and other court records, from approximately March 31, 2018, to May 16, 2019, Gallegos knowingly persuaded, induced, enticed and coerced a child, identified as Jane Doe, to engage in sexually explicit conduct for the purpose of producing child pornography. Gallegos engaged in sexual acts with the victim, who was approximately nine years old at the time, and photographed the acts. The images were later located on a memory card inside a Sony Cybershot digital camera.
By the terms of the plea agreement, Gallegos faces 18 to 23 years in prison and must register as a sex offender.
The case was investigated by the Roswell Resident Agency of the FBI Albuquerque Field Office and the Regional Computer Forensic Laboratory, with assistance from the Texico (New Mexico) Police Department, Portales Police Department, and 9th Judicial District Attorney’s Office, as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.
The United States Attorney’s Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
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Albuquerque man indicted for mail, wire fraudRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Pholopater Faltas was arraigned on an indictment charging him with eight counts of mail fraud and two counts of wire fraud. Faltas, 24, of Albuquerque, will remain on conditions of release pending trial, which has not yet been scheduled.
A federal grand jury indicted Faltas on October 12.
In response to the COVID-19 pandemic, Congress passed the CARES Act, which was signed into law on March 27, 2020. Among other provisions, the CARES Act bolstered and expanded unemployment insurance. In New Mexico, unemployment insurance is administered by the New Mexico Department of Workforce Solutions, and claimants may apply either over the phone or online, using the New Mexico Workforce Connection Online System. Eligible claimants can receive payments by direct deposit to their bank account or a prepaid debit card.
According to the indictment, Faltas allegedly recruited participants to his scheme by telling them he would submit applications for benefits on their behalf. If the applications were approved, Faltas allegedly would cause the funds to be disbursed to debit cards and bank accounts that he possessed and controlled. Faltas then either provided only a small fraction of the benefits to participants, falsely informing them that they were receiving all the benefits disbursed, or falsely informed participants that their applications had been denied. In either case, Faltas retained all or most of the assistance funds disbursed. The activity alleged in the indictment occurred in the early stages of the COVID-19 pandemic, between April and October of 2020.
Some of the participants in whose names Faltas submitted applications were not eligible for benefits, including because certain applicants were not actually residents of New Mexico. In those cases, Faltas included and aided and abetted the inclusion of materially false pretenses, representations, and promises calculated to make the purported applicant appear eligible, including by claiming non-New Mexico residents lived at addresses in New Mexico.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Faltas faces up to 30 years in prison.
The United States Secret Service, Albuquerque Resident Office, and the Bernalillo County Sheriff’s Office investigated this case with assistance from the Department of Labor – Office of the Inspector General. Assistant United States Attorney Taylor F. Hartstein is prosecuting the case.
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U.S. Attorney Alexander M.M. Uballez releases information ahead of November 2022 General ElectionRead the Press Release
ALBUQUERQUE, N.M. – United States Attorney Alexander M.M. Uballez announced today that Assistant United States Attorney (AUSA) Jeremy Peña will lead the efforts of his office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election. AUSA Peña has been appointed to serve as the District Election Officer (DEO) for the District of New Mexico, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election,” said United States Attorney Uballez. “Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Uballez stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Peña will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: (505) 224-1451 and (505) 269-2038.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The FBI Albuquerque Field Office can be reached by the public at 1-800-CALL-FBI or (505) 889-1300.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC, by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
“Ensuring free and fair elections depends in large part on the assistance of the American electorate,” said United States Attorney Uballez. “It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
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U.S. Attorney Alexander M.M. Uballez announces $175,450 in Justice Department grants to support Project Safe NeighborhoodsRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney Alexander M.M. Uballez announced today that the Department of Justice has awarded $175,450 to support the Project Safe Neighborhoods Program in the District of New Mexico. Funding will support community efforts to address the epidemic of gun crime and serious violence in the district. The grant, to the New Mexico Department of Public Safety, is one of a number of awards being made to state and local agencies across the country. Funds are administered by the Bureau of Justice Assistance, part of the Department’s Office of Justice Programs.
Launched two decades ago as an evidence-based and community-oriented response to serious gun crime, Project Safe Neighborhoods, known as PSN, is a key component of the Department’s Comprehensive Strategy for Reducing Violent Crime, outlined by Deputy Attorney General Monaco in May 2021. The PSN approach is guided by four key principles: fostering trust and legitimacy in our communities; supporting community-based organizations that help prevent violence from occurring in the first place; setting focused and strategic enforcement priorities; and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
“Reducing violence and sustaining those reductions will require strong partnerships between criminal justice agencies and community stakeholders and a shared commitment to the safety and well-being of every community member,” said OJP Deputy Assistant Attorney General Maureen Henneberg. “The investments we are making through Project Safe Neighborhoods will enable every stakeholder to play a part in building safer and healthier communities.”
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies and community organizations. The programs’ emphasis on community engagement, prevention and intervention measures, focused and strategic enforcement, and measurement and accountability has helped achieve overall reductions in violent crime, including gun homicides, in neighborhoods where PSN strategies have been implemented.
“Over its two-decade history, Project Safe Neighborhoods has evolved to meet the complex challenges of community violence by enlisting the insights and expertise of local partners and by relying on the latest evidence,” said BJA Director Karhlton F. Moore. “We are proud to support our U.S. Attorneys and their allies in their critical work to curb violent crime and build the mutual trust necessary to ensure lasting success.”
The awards announced above are being made as part of the regular end-of-fiscal year cycle. More information about awards under PSN and other OJP grants can be found on the OJP Grant Awards Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Previously convicted felon sentenced to 11 years in prison for shooting a federal agentRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that on Oct. 18 Derick Martin Garcia Pacheco was sentenced to 11 years and 3 months in prison. Garcia Pacheco, 33, of Albuquerque, pleaded guilty on May 10 to one count of assault on a federal officer using a deadly or dangerous weapon and inflicting bodily injury and one count of being a felon in possession of firearms and ammunition.
On December 11, 2020, FBI Agents and task force officers arrived at Garcia Pacheco’s residence in Albuquerque to perform a search pursuant to a federal warrant. Agents in tactical gear with clear law enforcement markings knocked at the door and announced themselves as federal officers. Garcia Pacheco armed himself with a .357 revolver and fired through the door, striking one of the agents in the arm. The agent was seriously injured, requiring surgery and hospitalization.
After Garcia Pacheco shot the agent, other officers secured the scene and the FBI Special Weapons and Tactics (SWAT) unit responded to assist in executing the warrant, and Garcia Pacheco was detained. During a search of the residence, law enforcement located two firearms concealed between a mattress and box spring inside a rear bedroom. One of the firearms was the .357 revolver used to shoot the agent.
“We owe a special debt of gratitude to those in law enforcement who risk their lives to keep our community safe,” said U.S. Attorney Uballez. “It is an honor to serve with such courageous federal agents. Their bravery inspires all of us to relentlessly seek a more just, selfless, and safe world.”
“The FBI's motto is Fidelity, Bravery, and Integrity, the virtues exemplified by our special agent injured in this senseless assault,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “As this hero continues to recover, the public can rest assured the FBI has a full division of agents on the streets ready and determined to put their lives on the line to keep our communities safe.”
In his plea, Garcia Pacheco acknowledged that he knew at the time of the incident that as a previously convicted felon he cannot legally possess firearms or ammunition.
Upon his release from prison, Garcia Pacheco will be subject to three years of supervised release.
The FBI Albuquerque Field Office investigated this case. Assistant United States Attorneys with the United States Attorney’s Office for the District of New Mexico prosecuted this case.
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Federal jury returns guilty verdict in Española carjackingRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that on Oct. 14 a federal jury returned a guilty verdict on Martin Lopez. The jury convicted Lopez, 37, of Española, New Mexico, on one count each of carjacking and brandishing a firearm during and in relation to a crime of violence.
A federal grand jury indicted Lopez on March 12, 2021.
According to court records, on Oct. 31, 2020, the victim, identified as Jane Doe 1, who had been dating Lopez, ended her relationship with him that morning. She and a friend, identified as Jane Doe 2, attempted to deliver Lopez’s belongings to his friend who worked at an O’Reilly’s Auto Parts store in Española, New Mexico. As Jane Doe 1, was retrieving Lopez’s belongings from her vehicle, Lopez appeared, threatened the women, and forced his way into the vehicle at gunpoint.
Lopez struck both victims with his gun as he drove to an apartment complex where he pushed Jane Doe 2 out of the car. Later, New Mexico State Police were able to locate the car, the victim, and Lopez. Lopez fled as law enforcement arrived.
"This meaningful verdict comes during Domestic Violence Awareness Month,” said U.S. Attorney Uballez. “Intimate partner violence affects those who are abused as well as family members, friends, co-workers, other witnesses, and the community at large. We have a duty to use all of the tools at our disposal, and work in partnership with local law enforcement, to ensure survivors have a viable path to safety and justice.”
“The FBI investigates violence that threatens to undermine the security of our communities,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “Domestic violence is particularly egregious because it involves a person abusing someone who trusted them. We hope this verdict during Domestic Violence Awareness Month sends a clear signal this type of behavior will not be tolerated and will be thoroughly investigated and prosecuted.”
Lopez will remain in custody pending sentencing, which has not been scheduled. He faces a minimum of seven years and up to life in prison.
The FBI and the New Mexico State Police investigated this case. Assistant U.S. Attorneys Jaymie L. Roybal and Letitia Carroll Simms are prosecuting the case.
Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). In New Mexico, the Domestic Violence Resource Center is available by telephone at (505) 843-9123 or online at https://dvrcnm.org/.
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Man from Mescalero sentenced to two years in prison for domestic violenceRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Lance Marion Cojo was sentenced on Oct. 11 to two years in prison. Cojo, 36, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, pleaded guilty on April 26 to one count of assault of an intimate or dating partner resulting in substantial bodily injury and one count of assault of an intimate or dating partner by strangling.
On Dec. 31, 2021, on the Mescalero Apache Reservation, in Otero County, New Mexico, Cojo assaulted a victim, identified in court records as Jane Doe. Over the course of two days, the victim was severely beaten by Cojo. Cojo’s assault resulted in serious injuries to Jane Doe, who is also a member of the Mescalero Apache Tribe. Jane Doe was taken to a medical center for her injuries where she was treated for a collapsed lung, fractured ribs, and bruising to both eyes, face, neck and ribs.
Upon his release from prison, Cojo will be subject to three years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Matilda McCarthy Villalobos prosecuted the case.
Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY).
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Drug trafficker sentenced to 23 years in prisonRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Richard Orlinski “Sugar” Sanchez, 44, of Dexter, New Mexico, was sentenced to 23 years in prison on Oct. 12.
On Aug. 26, 2021, Sanchez pleaded guilty to: one count of conspiracy to distribute 50 grams and more of methamphetamine; one count of attempted possession with intent to distribute 50 grams and more of methamphetamine; four counts of distribution of 50 grams and more of methamphetamine; 25 counts of use of a communication facility to further the commission of a drug trafficking crime; one count of possession with intent to distribute 50 grams and more of a mixture and substance containing methamphetamine, aiding and abetting; one count of distribution of 50 grams and more of methamphetamine, aiding and abetting; one count of distribution of 50 grams and more of a mixture and substance containing methamphetamine, aiding and abetting; one count of distribution of a mixture and substance containing methamphetamine, aiding and abetting; two counts of possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, aiding and abetting; one count of causing a financial institution to fail to file a report; one count of money laundering conspiracy; one count of money laundering, aiding and abetting; one count of distribution of 500 grams and more of a mixture and substance containing methamphetamine, aiding and abetting; one count of possession with intent to distribute 50 grams and more of methamphetamine, aiding and abetting; one count of being a felon in possession of firearms and ammunition; and one count of using and carrying a firearm during and in relation to a drug trafficking crime, and possessing a firearm in furtherance of such crime.
In his plea agreement, Sanchez admitted that between February and August of 2020, he conspired with others to distribute methamphetamine in Roswell, New Mexico, and launder the proceeds from their drug trafficking activity. Sanchez admitted to receiving shipments of methamphetamine, arranging sales of methamphetamine, delivering methamphetamine, and selling methamphetamine. Sanchez sometimes used telephones to arrange sales or delivery of methamphetamine, in violation of federal law.
Sanchez acknowledged that he had committed money laundering by using drug trafficking proceeds as a down payment to purchase a Yukon Denali, but had the paperwork for the purchase in his mother’s name to avoid scrutiny as he had no legitimate source of income. Sanchez also asked an employee at the dealership to falsify the paperwork for the purchase so that the dealership would not have to file a legally required report showing that Sanchez had provided over $10,000 to the dealership.
On Aug. l0, 2020, Sanchez fled from law enforcement after hiding a dogfood bag filled with 11.818 net kilograms of pure methamphetamine. As he fled, Sanchez threw another 86.9 grams of pure methamphetamine, a gun and a loaded magazine out of his vehicle, while still in possession of another loaded gun and $9,188 in cash. At that time, Sanchez was a previously convicted felon and could not legally possess firearms or ammunition.
Upon his release from prison, Sanchez will be subject to five years of supervised release.
Codefendant Ignacio “Nacho” Chavez was sentenced on Aug. 30 to 14 years in prison followed by five years of supervised release. Juan “Moe” Florez was sentenced on May 26 to 13 years in prison followed by five years of supervised release. Antonio Acosta was sentenced on Aug. 31 to 15 years in prison followed by five years of supervised release. Randy Reid was sentenced on July 19 to five years and 10 months in prison followed by five years of supervised release. Naomi Najar was sentenced on Aug. 19, 2021, to seven years in prison followed by four years of supervised release. John Michael “Mike” Esquibel was sentenced on Aug. 31 to five years in prison followed by five years of supervised release. Richard Ortega was sentenced on Aug. 31 to three years in prison followed by two years of supervised release. Gordon Moss was sentenced on April 27 to three years and 10 months in prison followed by three years of supervised release. Ruben Morones was sentenced on May 26 to 10 years and one month in prison followed by five years of supervised release. John Lopez was sentenced on Nov. 21, 2021, to 10 years in prison followed by five years of supervised release. Melissa Medina was sentenced on June 16 to two years of probation. Krystyna Sanchez was sentenced on Aug. 31 to two years of probation.
Juan Silvas pleaded guilty on Aug. 10, 2021, to conspiracy to distribute 50 grams and more of methamphetamine, and remains in custody pending sentencing.
This investigation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.
The investigation included agents from the Drug Enforcement Administration, Homeland Security Investigations, the U.S. Marshals Service, the Chaves County Metro Narcotics Task Force, the Pecos Valley Drug Task Force and IRS Criminal Investigation.
The High Intensity Drug Trafficking Areas (HIDTA) Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The HIDTA Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department. Both are part of the New Mexico HIDTA Region VI Drug Task Force. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
The Las Cruces branch of the U.S. Attorney’s Office for the District of New Mexico is prosecuting this case.
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Española man indicted for child’s deathRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal grand jury on Oct. 12 returned a four-count superseding indictment against Malcolm Torres charging him with first degree felony murder, second degree murder of a child, assault resulting in serious bodily injury of a child under the age of 18, and tampering with a victim, witness, or informant. Torres, 29, of Española, New Mexico, is scheduled for arraignment on Oct. 20, and will remain in custody pending trial.
According to the indictment and other court records, on Sept. 7, 2019, Torres, who is not an enrolled member of any federally recognized Tribe, allegedly abused the victim, identified as Jane Doe, at his home in Española on the Santa Clara Pueblo. Jane Doe, who is Indian by federal law, and was five years old at the time, died as the result of the abuse.
On Sept. 8, 2019, Torres allegedly disposed of Jane Doe’s body in an attempt to avoid detection of his crimes.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Torres faces up to life in prison.
The Santa Fe Resident Agency of the FBI investigated this case with assistance from the Espanola Police Department, Santa Clara Pueblo Tribal Police Department, Rio Arriba County Sheriff’s Office, New Mexico State Police, Bureau of Indian Affairs, Albuquerque Police Department Open Space Search and Rescue Team, Espanola Fire Department and Ohkay Owingeh Pueblo Tribal Police Department. Assistant United States Attorneys Jack Burkhead and Letitia Carroll Simms are prosecuting the case.
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Zuni man charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Brian Wallace made an initial appearance in federal court on Oct. 11 on a criminal complaint charging him with murder in Indian Country. Wallace, 44, of Zuni, New Mexico, and an enrolled member of the Zuni Pueblo, will remain in custody pending a preliminary and detention hearing scheduled for Oct. 13.
According to the complaint, Wallace allegedly killed a victim, identified as John Doe, and buried him at a residence on the Zuni Pueblo on an unknown date. The victim was an enrolled member of the Zuni Pueblo.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Wallace faces up to life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the FBI Phoenix Field Office and Zuni Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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Pinedale woman pleads guilty to manslaughter and assault for fatal crashRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Betrina Grey pleaded guilty on Oct. 11 to involuntary manslaughter and assault resulting in serious bodily injury in Indian Country. Grey, 31, of Pinedale, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
According to the plea agreement and other court records, on Oct. 14, 2017, Grey was driving while intoxicated when she lost control of her vehicle on State Road 118 near the Fort Wingate Army Depot turnoff on the Navajo Nation. As the vehicle rolled, two passengers, identified as John Doe 1 and John Doe 2, were ejected from the vehicle. John Doe 1 died on the scene, while John Doe 2 suffered a significant brain injury and was airlifted to a hospital for emergency care. Both victims were enrolled members of the Navajo Nation.
In her plea agreement, Grey acknowledged that her blood alcohol content, measured after the incident, was .16. Grey faces up to 10 years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police and McKinley County Sheriff’s Office. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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U.S. Attorney hosts public safety Tribal ConsultationRead the Press Release
ALBUQUERQUE, N.M. – On Oct. 5, Alexander M.M. Uballez, the United States Attorney for the District of New Mexico, hosted delegations from the Pueblo of Acoma, Pueblo of Isleta, Pueblo of Laguna, Pueblo of Nambé, Pueblo of Pojoaque, Ohkay Owingeh, Pueblo of Sandia, Pueblo of Santa Ana, Pueblo of San Felipe, Pueblo of Zuni, Mescalero Apache Tribe, Navajo Nation, Bureau of Indian Affairs, and the Coalition to Stop Violence Against Native Women in a Special Session Tribal Consultation held in Albuquerque.
The Special Session was the beginning of an ongoing conversation with Tribal law enforcement partners about public safety efforts in Tribal Territories. The Tribal delegations provided comment and recommendations regarding the demand for additional resources to combat violence against women, youth and children, the necessity of more flexible intake criteria and support for drug trafficking investigations, and the need for additional training.
“On Indigenous Peoples’ Day, and every day, the United States Attorney’s Office is committed to working alongside, and learning from our Tribal partners, with respect, sincerity and a shared interest in the wellbeing of our community,” said U.S. Attorney Uballez. “Indigenous knowledge through Tribal consultation is at the heart of this effort. Our approach will be victim-centered, trauma-informed, and culturally sensitive. Everyone deserves to feel safe in their community and confident that law enforcement will be vigilant in the investigation of crimes against community members.”
One of the new initiatives to address public safety in Indian Country is the assignment of an individual AUSA liaison to each Tribal community in the state of New Mexico. The Special Session was an opportunity for Tribal leaders and law enforcement to meet with their Tribal liaison and address the U.S. Attorney. Representatives from each Pueblo, Tribe and Nation in attendance provided comments relating to issues unique to their communities as well as issues common throughout the District of New Mexico.
U.S. Attorney Uballez, Executive Assistant U.S. Attorney Aja Brooks, Criminal Chief Kristopher Houghton, Indian Country Crimes Section Supervisor Elisa Dimas along with Tribal Liaisons Kyle Nayback, Eliot Neal, Alexander Flores, Nicholas Marshall, Brittany DuChaussee, Mark Pfizenmayer, Matthew McGinley, and Novaline Wilson, as well as Law Enforcement Coordinator Alyssa Skrepcinski received the comments. The U.S. Attorney’s Office will incorporate the comments into an Operational Plan to address public safety in Indian Country.
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Drunk driver sentenced to five years and 10 months in prison for involuntary manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that on Oct. 5, Anthony Faustine, 42, of Acoma, New Mexico, and an enrolled member of the Pueblo of Acoma, was sentenced on to five years and 10 months in prison for involuntary manslaughter in Indian Country.
Faustine pleaded guilty on Jan. 26. On April 22, 2020, Faustine attempted to evade law enforcement while driving with a blood alcohol level at twice the legal limit. When Faustine lost control of the vehicle, a passenger, identified in court records as John Doe, was ejected and died from injuries sustained in the crash. The incident occurred on the Pueblo of Laguna.
Upon his release from prison, Faustine will be subject to three years of supervised release.
The Bureau of Indian Affairs investigated this case with assistance from the New Mexico State Police and Laguna Police Department. Assistant United States Attorney Nicholas J. Marshall prosecuted the case.
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Las Cruces man faces federal firearms chargeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and James VanVliet, Acting Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced today that Delbert Tyler Trevino was charged with possession of an unregistered short barrel rifle. Trevino, 31, of Las Cruces, New Mexico, appeared in federal court today for a detention hearing and will remain in custody pending trial, which has not been scheduled.
According to a criminal complaint, in response to a report of suspicious activity, investigators with the Doña Ana Sheriff’s Office obtained a search warrant for a residence in Mesilla Park, where Trevino was house sitting. While conducting the search on Sept. 2, deputies located a multi-caliber rifle in the bedroom in which Trevino was staying.
Investigators concluded that the barrel of the rifle was only 13 inches. Rifles with a barrel length under 16 inches are considered short barrel rifles and must be registered in the National Firearms and Transfer Record. A query of the record indicated that the rifle was not registered.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Trevino faces up to 10 years in prison.
The Las Cruces Field Office of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case with assistance from the Doña Ana County Sheriff’s Office and the Las Cruces Police Department. Anyone with information relating to this matter is encouraged to contact ATF at 1-888-ATF-TIPS or [email protected].
Assistant United States Attorneys Maria Y. Armijo and Luke Rizzo Cascio are prosecuting the case.
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Las Cruces man charged after standoff with policeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and James VanVliet, Acting Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced today that Edward Lee Walters was charged with possession of firearms by a person subject to a court order. Walters, 54, of Las Cruces, New Mexico, appeared in federal court today for a detention hearing and will remain in custody pending trial, which has not been scheduled.
According to a criminal complaint, on June 15, a stipulated order of protection was filed restraining Walters from committing acts of abuse or threats of abuse and from having any contact with his former intimate partner, identified as V1, with whom he shares a child. That order is in effect until June 15, 2024. On July 21, an order of protection restraining Walters was issued and is effective until July 21, 2036.
On Sept. 14, Doña Ana Sheriff Deputies responded to a 911 call reporting that Walters was in V1’s residence in Las Cruces. As alleged in the complaint, deputies found Walters with V1 in the garage. Deputies escorted V1 and her child out of the residence.
Walters then allegedly barricaded himself inside the residence, but later surrendered. Deputies executed a search warrant on the residence and located a handgun, a rifle, two pipe bombs and a lighter. Walters was placed under arrest.
Under federal law, as a person subject to a protective order, Walters cannot possess firearms or ammunition.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Walters faces up to 10 years in prison.
The Las Cruces Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Doña Ana County Sheriff’s Office. Assistant United States Attorney Maria Y. Armijo is prosecuting the case.
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Federal jury convicts man for production of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal jury on Sept. 28 returned a guilty verdict on Michael Bauldwin. The jury convicted Bauldwin, 43, of Albuquerque, on two counts of production of child pornography.
A federal grand jury indicted Bauldwin on Oct. 19, 2019.
On Oct. 9, 2019, officers from the Albuquerque Police Department (APD) responded to a report of suspected child pornography on Bauldwin’s electronic tablet. The responding officers notified APD’s Child Exploitation Detail (“CED”) and Crimes Against Children Unit (“CACU”). The tablet contained videos showing Bauldwin engaged in sexual acts with a minor victim.
Bauldwin will remain in custody pending sentencing, which has not been scheduled. He faces a minimum of 15 years and up to 30 years in prison as to each count and must register as a sex offender.
The FBI Albuquerque Field Office and APD investigated this case. This case was investigated as part of Project Safe Childhood (PSC) and the New Mexico Internet Crimes Against Children (ICAC) Task Force. Project Safe Childhood is a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.
Assistant United States Attorneys Eva M. Fontanez and Sarah J. Mease are prosecuting the case.
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Man sentenced to three years and five months in prison for assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Tyler Sando was sentenced on Sept. 28 to three years and five months in prison. Sando, 32, of the Pueblo of Jemez, New Mexico, and an enrolled member of the Pueblo of Jemez, pleaded guilty on May 19 to assault resulting in serious bodily injury in Indian Country and assaulting, resisting or impeding a federal officer involving physical contact.
On Aug. 11, 2020, on the Pueblo of Jemez, Sando got out of his vehicle, approached a victim and proceeded to strike him about the head and face. Sando then returned to his car and left. As a result of Sando’s assault, the victim suffered a subdural hematoma, needed staples to close a laceration on his head that left a scar, suffered daily headaches, and had blurry vision for a period of time.
On Nov. 16, 2020, Sando sped through a COVID checkpoint entering the Jemez Pueblo and crashed his vehicle. Law enforcement pursued Sando as he attempted to run away, and arrested him inside a residence. After Sando’s arrest, a federal officer attempted to interview him. Sando cursed at the officer and spat in his face.
Upon his release from prison, Sando will be subject to three years of supervised release.
The FBI Albuquerque Field Office investigated this case with assistance from the Jemez Pueblo Police Department. Assistant United States Attorneys Nicholas J. Marshall and Novaline D. Wilson prosecuted the case.
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Fruitland man charged with assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Elijah Cudei Etsitty was arraigned on an indictment charging him with assault resulting in serious bodily injury in Indian Country. Etsitty, 25, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Etsitty on Aug. 23. According to the indictment and other court records, on June 27, 2021, Etsitty assaulted a victim, identified as Jane Doe, in San Juan County, New Mexico, on the Navajo Nation. The assault resulted in serious bodily injury to Jane Doe.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Etsitty faces up to 10 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Shiprock Police Department. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case.
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Federal charges brought in Fruitland abuse caseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Derek Lorin Blackhorse was arraigned on Sept. 29 on a three-count indictment charging him with attempted aggravated sexual abuse, abusive sexual contact and attempted sexual abuse. Blackhorse, 33, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Blackhorse on Aug. 23. According to the indictment and other court records, on May 28, 2021, Blackhorse allegedly engaged in abusive sexual contact with a minor victim, identified as Jane Doe. The indictment also alleges that Blackhorse attempted to engage in sexual activity with Jane Doe.
In a separate incident on June 21, 2021, Blackhorse allegedly attempted to engage in a sexual act with a minor victim, identified in the indictment as John Doe.
Jane Doe and John Doe are enrolled members of the Navajo Nation and the alleged offenses occurred on the Navajo Nation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Blackhorse faces a minimum of 30 years and up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
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Albuquerque man convicted on federal firearms chargeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal jury returned a guilty verdict on Sept 29 on Jonathan Tony Sanchez. The jury convicted Sanchez, 36, of Albuquerque, of being a felon in possession of a firearm.
A federal grand jury indicted Sanchez on Jan. 25. According to the indictment and other court records, law enforcement was seeking Sanchez after he absconded from parole. On March 10, officers with the New Mexico Corrections Department (NMCD) Security Threat Intelligence Unit (STIU) and deputies with the Bernalillo County Sheriff’s Office (BCSO) located Sanchez at an apartment on Wellesley Drive NE in Albuquerque. They also found a .40 caliber pistol in the apartment. DNA on the pistol matched Sanchez’s DNA.
At the time of the arrest, Sanchez was on parole for possession of a controlled substance and had previous convictions for robbery, trafficking a controlled substance and receiving/transferring a stolen vehicle. As a convicted felon, Sanchez cannot possess firearms or ammunition.
Sanchez will remain in custody pending sentencing, which has not been scheduled. He faces up to 10 years in prison.
The FBI Albuquerque Field Office and the NMCD STIU investigated this case with assistance from BCSO. Assistant United States Attorneys Ry Ellison and Randy M. Castellano are prosecuting the case.
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Former prisoner transport officer convicted of civil rights offense for abusing detainees in his careRead the Press Release
WASHINGTON – Former prisoner transport officer Anthony Buntyn, 55, was convicted of a felony civil rights offense for abusing detainees in his care.
According to court documents and evidence presented at trial, Buntyn was a prisoner transport officer employed by Prisoner Transportation Services of America (PTS), a company hired by local jails and prisons throughout the country to transport people who had been arrested pursuant to out-of-state warrants and needed to be transported back to the states that had issued the warrants. Buntyn was the supervising officer on a March 2017 PTS transport that stopped in New Mexico during a cross-country trip.
“Prisoner transport officers, even those employed by private companies, must abide by our civil rights laws and protect the constitutional rights of people in their custody,” said Assistant Attorney General Clarke. “The Justice Department will continue to vigorously enforce our nation’s laws to ensure that the officers who break the law — including those who are driving the nation’s backroads in transport vans and may therefore wrongly believe they can act with impunity — are held accountable.”
“Detainees are entitled to basic human dignity,” said U.S. Attorney Uballez. “Those who are responsible for their detention, from transport personnel to law enforcement and corrections officers, have the same duty to protect the rights and safety of their charges. Any abuse of detainees or failure to provide basic necessities is a violation of that trust and a violation of the law, and it will be roundly prosecuted.”
Former PTS Agent Buntyn was convicted of depriving detainees on the transport of their constitutional right to be free from an officer’s deliberate indifference to serious health and safety risks to the detainees. Evidence at trial established that the defendant knowingly created, and otherwise subjected the detainees to, dangerous, painful, and unhealthy conditions on the transport van. Specifically, evidence at trial showed that the defendant would retaliate against detainees who complained, by handcuffing the detainees behind their backs and forcing them to remain for hours in a small segregation cage inside the van; by depriving detainees of meals and access to water while they remained in the cage; by cranking up the heat in the already-hot van in retaliation for detainees complaining that, as they passed through the southwestern desert, they were in danger of overheating; and by failing to provide the detainees with required restroom breaks, until the detainees were left with no choice but to urinate in empty bottles or on the floor.
Buntyn was acquitted of a use of force and an obstruction of justice charge.
A date for the sentencing hearing has not yet been announced.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Alexander M.M. Uballez of the District of New Mexico made the announcement.
This case was investigated by the FBI Kansas City Field Office and was prosecuted by Assistant U.S. Attorney Kimberly A. Brawley of the District of New Mexico and Trial Attorney Laura Gilson of the Justice Department’s Civil Rights Division, with assistance from Special Litigation Counsel Samantha Trepel.
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Florida man convicted of manslaughter, assault on the Laguna PuebloRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that a federal jury convicted Alexis Riego, 50, of Merritt Island, Florida, of four counts of involuntary manslaughter and two counts of assault resulting in serious bodily injury committed in 2019.
A grand jury indicted Riego in April of 2021. According to the indictment and other court records, on Sept. 7, 2019, Riego, a commercial motor vehicle driver, recklessly crashed into a line of stationary traffic in a construction zone on Interstate 40 within the Laguna Pueblo. At the time of the crash, Mr. Riego was speeding and using his cellular telephone. The crash caused a six-car pile-up that killed four people and seriously injured two. The crash caused the closure of interstate 40 for several hours.
“When we take the wheel, we take on a collective responsibility for the families who share our highways,” said U.S. Attorney Uballez. “The consequences for failing in that responsibility are grave and irrevocable. This conviction is a sobering reminder that a moment on video chat can forever change your life, and end the lives of others.”
Riego will remain in custody pending sentencing, which has not been scheduled.
The FBI Albuquerque Field Office investigated this case with assistance from the Laguna Police Department and the New Mexico State Police. Assistant United States Attorneys Joseph M. Spindle, Elisa Dimas and Matthew Nelson are prosecuting the case.
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Bayard man sentenced to 10 years in prison for child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Timothy Andrew Marquez was sentenced on Sept. 27 to 10 years and one month in prison. Marquez, 27, of Bayard, New Mexico, pleaded guilty on Dec. 19, 2018, to receiving child pornography.
According to court records, on Dec. 18, 2017, Dropbox Inc. submitted a cyber tip to the National Center for Missing and Exploited Children regarding child pornography being downloaded into a Dropbox account associated with Marquez’s email address. The IP address associated with the uploaded photos came back to Marquez’s residence in Bayard.
In his plea agreement, Marquez admitted to receiving child pornography in his Dropbox account on Nov. 6, 2017, and that he knew the material depicted a child engaging in sexual activity with an adult.
Upon his release from prison, Marquez will be subject to five years of supervised release and must register as a sex offender.
Homeland Security Investigations, the New Mexico State Police and the Las Cruces Police Department investigated this case as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant United States Attorneys Eliot Neal and Marissa A. Ong prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.
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Woman from Taos arraigned for assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Kylie Lujan was arraigned on an indictment charging her with assault resulting in serious bodily injury in Indian Country. Lujan, 25, of Taos Pueblo, New Mexico, and an enrolled member of the Taos Pueblo, will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Lujan on Sept. 13. According to the indictment, on March 25, Lujan assaulted the victim, identified as Jane Doe, in the victim’s home in Taos Pueblo. Jane Doe is an enrolled member of the Taos Pueblo, and the assault resulted in serious bodily injury.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lujan faces up to 10 years in prison.
The Taos Pueblo Department of Public Safety investigated this case. Assistant United States Attorney Matthew McGinley is prosecuting the case.
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U.S. Attorney, FBI bring murder charge in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Evan Haceesa was charged with murder in Indian Country. Haceesa, 30, of Nageezi, New Mexico, and an enrolled member of the Navajo Nation, appeared for a preliminary and detention hearing on Sept. 23 and will remain in custody pending trial, which has not been scheduled.
As alleged in a criminal complaint, on Aug. 28, Haceesa attacked his girlfriend, identified as Jane Doe, at his residence in Nageezi on the Navajo Nation. Haceesa allegedly punched Jane Doe in the face until she lost consciousness and kicked her several times. Upon arriving at the home, a Navajo Police Department officer responding to a report of domestic violence found the victim unclothed and unresponsive, lying in a wheelbarrow outside the house.
Jane Doe was transported to the San Juan Regional Medical Center for treatment. She initially was diagnosed with a fractured nose, bruising, scratches, bowel lacerations and bleeding in the bowels. Computed Tomography (CT) scans revealed blood and air in Jane Doe’s abdomen, a perforated intestine, bleeding around the intestines, a bilateral nose fracture and partially collapsed lungs.
On Sept. 8, Jane Doe died of her injuries.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Haceesa faces life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Matthew McGinley is prosecuting the case.
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Defendant charged in Zuni shooting caseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Nicholas Pinto has been charged with assault resulting in serious bodily injury and discharging a firearm during a crime of violence in Indian Country. Pinto, 23, of Zuni, New Mexico, and an enrolled member of the Pueblo of Zuni, appeared for a detention hearing on Sept. 26, and will remain in custody pending trial, which has not been scheduled.
According to a criminal complaint, on Sept. 17, Pinto and another person arrived at the home of a Zuni resident, identified as John Doe. Pinto allegedly had a conflict with one of the people at the residence. To avoid any fighting in the residence, John Doe forced Pinto to leave.
Later, in the early morning of Sept. 18, Pinto allegedly returned to the residence. John Doe answered a knock at the door to find Pinto with a shotgun. As John Doe attempted to walk away, Pinto allegedly shot him in the leg. Pinto allegedly attempted to shoot John Doe again, but the shotgun failed to fire.
John Doe, who is an enrolled member of the Pueblo of Zuni, received emergency treatment at the scene and was transported to the University of New Mexico Hospital for care.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Pinto faces a minimum of 10 years and up to life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Kyle Nayback is prosecuting the case.
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Oklahoma man sentenced to 25 years in prison for federal drug and firearms chargesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Caesar Nathanial James Crayton, 47, Oklahoma City, Oklahoma, was sentenced on Sept. 22 to 25 years in prison. On Feb. 16, a federal jury convicted Crayton on one count each of possession with intent to distribute five grams and more of methamphetamine, being a felon in possession of a firearm and ammunition, and carrying a firearm during and in relation to a drug trafficking crime.
On Aug. 16, 2020, Crayton approached a U.S. Border Patrol checkpoint on Interstate 10 west of Las Cruces, New Mexico. Crayton consented to a canine inspection of his vehicle, during which the canine alerted. During a hand search of the vehicle, agents located 53 grams of methamphetamine, a .45 caliber pistol, 537 rounds of ammunition, one 25-round ammunition magazine, one 13-round magazine, one 17-round magazine, $6,853 in U.S. currency and 10 soles in Peruvian currency.
At the time of the incident, Crayton previously had been convicted of multiple felonies. As a convicted felon, Crayton cannot legally possess firearms or ammunition.
Upon his release from prison, Crayton will be subject to eight years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from U.S. Border Patrol. Assistant United States Attorneys Joni Autrey Stahl and Renee L. Camacho prosecuted the case.
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U.S. Attorney, FBI file domestic violence charges for Tohatchi assaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Anthony Joe was charged with assault of a spouse, intimate partner, or dating partner by strangling and assault resulting in serious bodily injury in Indian Country. Joe, 37, of Tohatchi, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court on Sept. 20 for a preliminary and detention hearing and will remain in custody pending trial, which has not been scheduled.
According to a criminal complaint, on Aug. 13, Joe allegedly assaulted his dating partner. Joe and the victim had been in a four-year relationship and shared a six-month-old child. The victim was attempting to leave Joe’s residence to stay with her mother when Joe allegedly violently assaulted her. Joe allegedly punched the victim with a closed fist in the back of her head and in her side while she was holding their child. Joe allegedly kicked the victim in the back and pulled her away from the door by her hair. During the assault, Joe allegedly used his arm to choke the victim from behind, then knocked her down and used his hands to choke her.
The victim eventually escaped from the residence without her child. She ran to a nearby gas station and called law enforcement.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Joe faces up to 10 years in prison for each charge.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.
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Shiprock man sentenced to eight years in prison for assaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Quincee Zohnnie was sentenced on Sept. 20 to eight years in prison. Zohnnie, 26, of Shiprock, New Mexico, pleaded guilty on Oct. 26, 2021, to using a firearm during and in relation to a crime of violence and possessing a firearm in furtherance of such crime, assault with a dangerous weapon, and retaliating against a victim in Indian Country.
On June 14, 2020, Zohnnie was riding in the passenger seat of his girlfriend’s car when they spotted the victim, identified as John Doe, sitting outside his home on the Navajo Nation. Zohnnie argued with John Doe before going home and retrieving a firearm. Zohnnie returned to John Doe’s residence and fired multiple rounds at the house, which at the time of the incident was occupied by John Doe’s family, including a minor child.
Upon his release from prison, Zohnnie will be subject to three years of supervised release. Zohnnie must also surrender the firearms and ammunition associated with these crimes.
The Farmington Residency Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Nation Police Department. Assistant U.S. Attorneys Alexander F. Flores and Allison Jaros prosecuted the case.
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Santo Domingo man arraigned for assault on a federal officerRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Travis Aguilar was arraigned on an indictment charging him with assault on a federal officer. Aguilar, 31, of Santo Domingo Pueblo, New Mexico, and an enrolled member of the Pueblo of Santo Domingo, will remain in custody pending trial, which has not been scheduled.
According to the indictment, on Nov. 10, 2021, Aguilar allegedly forcibly assaulted an officer of the Bureau of Indian Affairs (BIA) while the officer was engaged in official duties. Aguilar allegedly punched the officer in the face and threw the officer to the ground.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Aguilar faces up to 20 years in prison.
BIA investigated this case. Assistant United States Attorney Matthew McGinley is prosecuting the case.
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Man charged with coercion of a minor in Las CrucesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Shah Mahmood Selab made an initial appearance in federal court on a criminal complaint charging him with coercion and enticement of a minor. Selab, 35, of Las Cruces, New Mexico, will remain in custody pending a detention hearing, which has not been scheduled.
According to the complaint, on Aug. 12, Selab allegedly approached a 12-year-old boy at Youngs Park in Las Cruces near a local middle school. The victim was sitting on a bench when Selab began asking the victim personal questions, and then invited the victim to sit with him on another bench in the shade. After moving to the other bench, Selab allegedly used his cellphone to show the victim photos and videos that were sexual in nature. Selab allegedly touched the victim inappropriately.
The victim attempted to walk away, but Selab allegedly followed him and punched him in the face multiple times. Selab allegedly asked the victim to get into his vehicle and offered the victim $20 to allow Selab to touch him.
The victim attempted to call 911 and retreated to the restrooms where he closed himself in a stall. The complaint alleges that Selab followed the victim into the restrooms and pulled him from the stall. Selab allegedly locked the restroom door to prevent the victim from leaving, began kissing the victim’s face, and put a $20 bill in the victim’s hand. Selab also allegedly attempted to force the victim to touch Selab.
After another person arrived at the restroom and knocked at the door, the victim escaped from Selab.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Selab faces a minimum of 10 years and up to life in prison.
Homeland Security Investigations (HSI) investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Joni Autrey Stahl and Maria McCarthy Villalobos are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
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Former Airman sentenced to five years in prison for child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Nicholas Anthony Bianco was sentenced on Sept. 20 to five years in prison. Bianco, 38, pleaded guilty on May 6, 2021, to distribution of child pornography.
In September 2019 and March 2020, Homeland Security Investigation (HSI) received notifications from KIK, a social media platform, of a user sending suspected child pornography through the app. The user account was associated with Bianco, who was a Technical Sergeant with the United States Air Force at the time of his arrest on Oct. 15, 2020. On May 8, 2020, New Mexico State Police (NMSP) executed a search warrant on Bianco’s residence in Alamogordo, New Mexico, seizing multiple digital items including an iPhone. A forensic analysis of the phone revealed child exploitation material.
In his plea, Bianco admitted that he used the phone and the KIK app to send two videos that he knew were child pornography. Bianco acknowledged that the victim in one of the videos was one to three years of age.
Upon his release from prison, Bianco will be subject to five years of supervised release and must register as a sex offender.
HSI investigated this case with assistance from NMSP and the Air Force Office of Special Investigation as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant United States Attorney Joni Autrey Stahl prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.
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Drug trafficker sentenced to 10 months in prisonRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Andy Cordova was sentenced on Sept. 20 to 10 months in prison. Cordova, 33, of Santa Cruz, New Mexico, pleaded guilty on March 2 to possession with intent to distribute heroin.
On July 5, 2020, Cordova was detained by Ohkay Owingeh Casino and Hotel security personnel on suspicion of possessing or distributing drugs on the premises. Cordova was arrested for drug trafficking after law enforcement executed a search warrant for his hotel room and discovered 16.96 grams of heroin.
Upon his release from prison, Cordova will be required to successfully complete treatment at the Santa Fe Recovery Center. Cordova also will be subject to three years of supervised release, to include outpatient mental health counseling.
The Santa Fe Resident Agency of the FBI investigated this case with assistance from the Ohkay Owingeh Police Department and New Mexico State Police. Assistant United States Attorney Alexander F. Flores prosecuted the case.
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Justice Department and Albuquerque Police Department Provide Policing Reform Progress ReportRead the Press Release
WASHINGTON – Today, the Justice Department and the City of Albuquerque (City) agreed that because the City has sustained compliance with significant provisions of the consent decree for the last two years, covering the Albuquerque Police Department (APD), the City now will self-assess compliance with those provisions. The announcement was made by filing a Joint Notice of the parties’ agreement with the United States District Court for the District of New Mexico, which oversees the City’s implementation of the consent decree.
The City will analyze and publicly report on its compliance every six months, pursuant to a self-assessment plan also filed with the Court. This transition to self-assessment is a significant accomplishment, and represents significant progress toward compliance and termination of the consent decree.
“The Albuquerque Police Department has made real progress toward compliance with this Consent Decree,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The progress that we have seen in the City of Albuquerque has yielded reform and is moving the city in the right direction when it comes to constitutional policing. We look forward to working with officials to achieve full compliance with the consent decree. The residents of Albuquerque deserve nothing less.”
“Today, we come before the Court to recognize important and sustained advances made by the Albuquerque Police Department toward the goal of constitutional, effective policing,” said United States Attorney Alexander M.M. Uballez for the District of New Mexico. “Successful self-assessment is the cornerstone of true reform, and the Albuquerque community should expect no less. I want to commend the hard work put in by the men and women of APD, as well as the persistence of community stakeholders, that went into this accomplishment. Together, we will realize the goals set out by this community, through mutual agreement, seven years ago.”
As detailed in today’s Joint Notice, the City has achieved sustained substantial compliance with and will self-assess the portions of the consent decree covering:
- The Multi-Agency Task Force that investigates shootings by APD officers;
- Specialized units (except tactical units);
- Training on behavioral health and field training;
- Filing of complaints by the public;
- Officer support programs;
- Recruitment, hiring, performance evaluations, and promotions; and more.
For example, APD has achieved full compliance with the consent decree’s requirement that it “develop a comprehensive recruitment and hiring program that successfully attracts and hires qualified individuals.” In its most recent report, the Independent Monitor found that APD has “set[] new standards in police recruiting,” and increased interest in joining APD at a time when police recruiting has become more difficult nationwide. In addition, APD has also developed and maintained a robust and effective public information program to facilitate misconduct reporting and ensure that civilian complaints are accepted and investigated.The parties’ agreement reflects the strides APD has made in important areas of reform, while also recognizing that APD has put in place the necessary staff and systems to accurately and credibly assess its own continued compliance with these portions of the consent decree. This agreement will allow APD to focus even more on critical areas where it has made substantial improvements, as recognized by the Independent Monitor in its most recent report. These areas include force investigations, for which the monitoring team found that APD had improved both timeliness and quality, and discipline, where the monitoring team noted that APD continues to make “marked improvements.”
The Justice Department initiated an investigation of APD in November 2012 under the Violent Crime Control and Law Enforcement Act of 1994. This law authorizes the Attorney General to file a lawsuit to address a pattern or practice of conduct by law enforcement officers that deprives individuals of their rights under the Constitution or federal law. The investigation was conducted by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the District of New Mexico. The Justice Department announced the findings of the investigation in April 2014. The consent decree was approved by the United States District Court for the District of New Mexico in June 2015.
The Findings Report and the Settlement Agreement, as well as additional information about the Civil Rights Division, are available on its website at Special Litigation Section Cases and Matters (justice.gov). Additional information about implementation of the consent decree is also available on the website of the U.S. Attorney’s Office at Investigation into Albuquerque Police Department (justice.gov).
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Contact:
Office of Public Affairs
(202) 514-2007
(866) 544-5309 TTYEspañola man sentenced to over six years in prison for assaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Patrick Tafoya was sentenced on Sept. 13 to six years and six months in prison in prison. Tafoya, 61, of Española, New Mexico, and an enrolled member of the Pueblo of Santa Clara, pleaded guilty on Jan. 28 to assault with intent to commit murder.
On Sept. 8, 2020, Tafoya drove the victim, identified in court records as Jane Doe, to a bank where he withdrew funds from an ATM to repay money he owed her. Tafoya and Jane Doe began to argue, and he told her to get out of his truck. Tafoya then struck the victim with his truck, pinning her against a utility pole, causing severe injuries. Tafoya fled the scene without calling to request medical assistance for the victim.
The assault, which occurred on the Santa Clara Pueblo, resulted in permanent damage to Jane Doe’s leg that required multiple surgeries.
Upon his release from prison, Tafoya will be subject to three years of supervised release.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Nicholas J. Marshall prosecuted the case.
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Man from Mescalero charged with sexual abuse by a repeat offenderRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Darwin Neal Kinzhuma made an initial appearance in federal court on a criminal complaint charging him with sexual abuse in Indian Country and sexual abuse by a repeat offender. Kinzhuma, 57, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending a preliminary and detention hearing scheduled for Sept. 16.
According to the complaint, on May 10, Kinzhuma allegedly gave a ride to the victim, identified as Jane Doe, on U.S. Highway 70. After stopping in Tularosa, New Mexico, to purchase alcohol, Kinzhuma took the victim to his home in Mescalero. Jane Doe, who is also an enrolled member of the Mescalero Apache Tribe, allegedly lost consciousness after drinking some of the alcohol provided by Kinzhuma. When the victim awoke, Kinzhuma allegedly was sexually assaulting her. The victim was unable to leave the home because she cannot see at night and Kinzhuma allegedly had taken the cane she needs to walk.
Kinzhuma is charged as a repeat offender due to a previous conviction for sexual abuse. On Dec. 21, 2017, Kinzhuma pleaded guilty to aggravated sexual abuse, admitting that on June 28, 2015, he sexually abused a victim on the Mescalero Apache Reservation. On May 22, 2017, Kinzhuma was sentenced to six years and nine months in prison followed by five years of supervised release.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Kinzhuma faces up to life in prison and a lifetime of supervised release. Additionally, because the alleged offense was committed while Kinzhuma was on supervised release for a prior sexual assault, he faces up to five years in prison and up to a lifetime term of supervised release for a violation of the previously imposed supervised release.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Matilda McCarthy Villalobos is prosecuting the case.
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Albuquerque man sentenced to over 15 years in prison for carjacking, bank robbery and firearms violationsRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Lante Porcha, 30, of Albuquerque, was sentenced to 15 years and eight months in prison. On May 3, Porcha pleaded guilty to one count of carjacking, one count of using, carrying, and brandishing a firearm during and in relation to a crime of violence, one count of attempted bank robbery with a dangerous weapon, and one count of being a felon in possession of a firearm and ammunition.
On Feb. 3, 2019, in the parking lot of Presbyterian Hospital in Albuquerque, Porcha approached a victim who was seated in his vehicle and asked the victim for a cigarette or a lighter. Porcha then pointed a handgun at the victim and threatened to shoot him if he did anything. Porcha entered the passenger seat and ordered the victim to drive the vehicle to a nearby accomplice, Chaz Estrada. Porcha then ordered the victim to get out of the vehicle, after which Estrada entered the driver seat and the two fled in the victim’s vehicle.
Later that day, Porcha approached another victim as she was at a drive-up ATM. Porcha pointed the handgun at the victim and demanded that she empty her bank account. The victim refused and pushed the gun downward. The gun discharged and the bullet passed between the victim’s legs. Porcha ran back to the stolen vehicle and fled with Estrada driving.
A short time later, law enforcement stopped the stolen vehicle. Porcha and Estrada attempted to flee on foot but were arrested. The handgun and ammunition were found in the vehicle.
On May 26, 2020, Estrada, 34, of Albuquerque, pleaded guilty to attempted bank robbery with a dangerous weapon, being an accessory after the fact, and being a felon in possession of a firearm and ammunition. On Sept. 15, 2020, Estrada was sentenced to eight years and one month in prison, to be followed by three years of supervised release.
Upon his release from prison, Porcha will be subject to five years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorney Timothy Trembley prosecuted the case.
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Cuban national sentenced to 10 years in prison for drug trafficking, firearms offensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Ali Godoy, 51, a national of Cuba, was sentenced on Sept. 7 to 10 years in prison. Godoy pleaded guilty on May 24 to one count each of possession with intent to distribute 40 grams and more of a mixture and substance containing a detectable amount of fentanyl, possession with intent to distribute 50 grams and more of a mixture and substance containing a detectable amount of methamphetamine, and being a felon in possession of a firearm.
On April 4, task force officers with the Drug Enforcement Administration’s (DEA) Albuquerque District Office and the Albuquerque Police Department (APD) executed a search warrant on Godoy’s apartment on Pennsylvania Street in Albuquerque. During the search, investigators located over 72 grams of fentanyl pills and over 99 grams of methamphetamine in a safe and bag in Godoy’s bedroom. Investigators also found a .45 caliber pistol that had been stolen and was loaded with eight rounds of ammunition, and a 7.62 caliber rifle that was fully loaded with a high-capacity magazine containing 17 rounds of ammunition.
Godoy was previously convicted in Texas in 1996 of possession of a controlled substance, in Florida in 2002 of delivery of cocaine and tampering with evidence and in 2005 of aggravated battery and possession of a firearm by a convicted felon, and in New Mexico in 2000 of tampering with evidence and failure to appear, in 2001 of possession of a controlled substance and tampering with evidence and in 2010 of possession of a controlled substance. As a previously convicted felon, Godoy cannot legally possess firearms or ammunition.
In addition to his prison term, Godoy will be subject to four years of supervised release. In the judgment, however, the Court recommended that Immigration and Customs Enforcement begin removal proceedings during the service of Godoy’s sentence. Godoy entered the United States in 1995 under a two-year “public interest” parole from Cuba.
The DEA and APD investigated this case. Assistant United States Attorney Tavo Hall prosecuted the case.
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Las Cruces man charged with armed robberyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office announced today that Myles Delando Luciano made an initial appearance in federal court on a criminal complaint charging him with interference with commerce by threats or violence. Luciano, 26, of Las Cruces, will remain in custody pending a preliminary and detention hearing scheduled for Sept. 9.
According to the complaint, on July 27, Luciano and Joshua Lopez, 25, also of Las Cruces, allegedly attempted to walk out of a Lowes Home Improvement Store with an air conditioner without paying for the item. When two store employees and an off-duty U.S. Border Patrol (USBP) agent tried to stop them, Luciano allegedly pointed what appeared to be a handgun at the employees and fled in a vehicle. It was later discovered that the pistol was a pellet gun.
Las Cruces Police (LCPD) officers located the vehicle and attempted to stop Luciano and Lopez. Luciano and Lopez allegedly led LCPD on a high-speed chase, ending in a parking lot on Telshor Boulevard in Las Cruces. The pellet gun was located inside the vehicle.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Luciano faces up to 20 years in prison.
Joshua Lopez, who is also charged in the complaint, currently has an outstanding arrest warrant in connection with this case. Anyone with knowledge of Lopez’s whereabout can provide information at 1-800-CALL FBI.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from LCPD. Assistant United States Attorneys Maria Y. Armijo and Ryan Ellison are prosecuting the case.
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United States prevails in National Forest disputeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal court has granted summary judgment in favor of the United States as plaintiff in a case involving grazing rights and trespass on National Forest System (NFS) lands.
The case arose after the U.S. Forest Service cancelled a term grazing permit for an allotment on NFS land due to violations of the terms of the permit by the permitholders. The former permitholders failed to remove their livestock from the allotment, contending that they did not need Forest Service authorization to graze livestock.
According to the judgment and other court records, Craig Thiessen previously held a permit to graze cattle on an allotment in the Apache National Forest, administered by the Quemado Ranger District of the Gila National Forest in the District of New Mexico. In January 2017, while being investigated for a violation of the Endangered Species Act associated with trapping a Mexican wolf, Thiessen requested that the permit be transferred to a newly-formed limited liability corporation, Canyon del Buey, LLC, for which Thiessen was identified as Member, Manager, and Registered Agent. On May 24, 2018, a criminal information was filed, charging Thiessen with unlawfully taking a Mexican gray wolf in violation of the of the Endangered Species Act. Thiessen pleaded guilty to knowingly taking threatened wildlife.
On Sept. 18, 2017, Lance Thiessen filed an amended application for a term grazing permit on behalf of Canyon del Buey, LLC, and an Ownership Statement for the LLC listing himself as Manager and his brother, Craig, as a Member. USFS issued the LLC a permit authorizing the grazing of 344 cow-calf pairs on Nov. 21, 2017. That permit was cancelled by USFS on Nov. 29, 2018, for violations of the terms of the permit. Specifically, USFS cited Craig Thiessen’s conviction and misrepresentations made by Lance and Craig Thiessen.
The LLC administratively appealed the decision to cancel the permit, and the decision was affirmed by the Forest Supervisor as the appeal deciding officer. The Regional Forester for the Southwestern Region of the USFS decided to conduct a second-level, discretionary review, and also affirmed the decision. In his July 2, 2019, discretionary review decision, the Regional Forester directed Lance Thiessen, as manager of the Canyon del Buey, LLC, to remove all cattle from the allotment within 60 days, which was Aug. 31, 2019.
The Thiessens, acting on behalf of themselves and the LLC, did not remove the cattle as instructed by the USFS. The U.S. Attorney’s Office for the District of New Mexico, on behalf of the U.S. Department of Agriculture, Forest Service, brought a civil action for trespass, ejectment, damages, declaratory judgment and injunctive relief to eject Craig and Lance Thiessen and the Canyon del Buey, LLC, from NFS lands located on the Gila National Forest in the State of New Mexico, to compel the immediate removal of their livestock from NFS lands, to enjoin them from using or occupying NFS lands without lawful authorization, and to recover damages arising from their unauthorized and unlawful use and occupancy of NFS lands.
The court found that the continued grazing on the allotment without a permit violates federal regulations and that the Thiessens and the LLC have trespassed on the allotment. In its decision, the court determined that the Thiessens and the LLC did not own a surface grazing estate on the allotment and that any alleged water rights on the allotment did not give them a right to graze livestock on the allotment. The court permanently enjoins Defendants from trespassing on the Canyon del Buey Allotment, and retains jurisdiction to enforce the Settlement Agreement until Defendants have paid damages to the United States, in its Sept. 1, 2022, order.
The United States was represented by Assistant United States Attorney Cassandra Casaus Currie and Senior Trial Attorney Andrew Smith of the Environment and Natural Resources Division at the Department of Justice.
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Rio Rancho bookkeeper pleads guilty to defrauding employerRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Christina Joyner, 47, of Rio Rancho, New Mexico, pleaded guilty to wire fraud.
According to the plea agreement and other court records, Joyner worked for 25 years as a bookkeeper for Quanz Motor Car Company, doing business as Quanz Auto Body, and was responsible for the financial books of four company locations. From approximately July 2014 through September 2021, Joyner defrauded the company of over $2 million. Joyner was responsible for maintaining the integrity and accuracy of these accounts as well as the accounting system, and was authorized to sign company checks on behalf of Quanz. However, she was not authorized to sign checks issued to herself, apart from normal payroll.
In her plea agreement, Joyner admitted to issuing checks to herself and coded them to give the appearance they were for legitimate business expenses. Joyner then would deposit the checks electronically through a mobile banking app and immediately withdraw the funds the same day.
Joyner also admitted to using company credit cards to make personal, online purchases without the knowledge or authorization of Quanz. Joyner sometimes kept money from cash transactions for her personal use.
Joyner used her position to create fraudulent pay stubs for her husband that were used as proof of income to obtain loans. Joyner emailed reminders to herself to modify entries in the accounting software, and used her position to manipulate the software to conceal her personal use of Quanz funds.
Joyner faces up to 20 years in prison and will be subject to forfeiture of whatever interest she may have in any asset derived from or used in the commission of the offense in this case. A sentencing date has not been scheduled.
The Albuquerque Resident Office of the United States Secret Service investigated this case. Assistant United States Attorney Kimberly Brawley is prosecuting the case.
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Albuquerque supplement retailer sentenced to three years’ probation for performance enhancing drugsRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Tanya Puccini was sentenced on Aug. 30 to three years of probation for introduction and delivery of misbranded drugs. Puccini, 47, of Albuquerque, pleaded guilty on Jan. 7.
Puccini was the owner and operator of Allstar Nutrition, a health supplement store in Albuquerque. In December 2017, Puccini began selling Selective Androgen Receptor Modulators (SARMs), a type of performance enhancing drugs (PEDs) that stimulate the growth of certain muscle and bone. These products are prohibited by the U.S. Anti-Doping Agency and the World Anti-Doping Agency and are not approved by the U.S. Food and Drug Administration (FDA).
These drugs were sold in bottles labeled “not for human consumption” and “for research purposes only.” Puccini nonetheless provided verbal, printed and occasionally written instructions to purchasers for personal use of the drugs for fitness gains, such as muscle growth. For example, Puccini provided a written note to a customer in which she represented that the drugs were not “technically” SARMs, but included instructions for using the drugs to promote muscle growth.
Altogether, from December 2017 through June 2021, Puccini made retail sales of at least $107,486 of unapproved PEDs.
“Misbranded drugs that are disguised as dietary supplements and contain potentially harmful hidden ingredients place American consumers at risk,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We will continue to investigate and bring to justice those who endanger the U.S. public health by distributing fraudulent and potentially dangerous products.”
Consistent with a stipulation in the plea agreement, Puccini forfeits her interest in any drug she received or transferred that is or was adulterated or misbranded. The Court will issue a money judgement within 30 days.
The FDA investigated this case. Assistant United States Attorney Jeremy Peña is prosecuting the case.
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Lordsburg man sentenced to 45 years in prison for production and possession of child pornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Gilbert Gallegos was sentenced on Aug. 30 to 45 years in prison. Gallegos, 46, of Lordsburg, New Mexico, pleaded guilty on Jan. 29, 2021, to two counts of production of child pornography and one count of possession of child pornography.
According to court records, Gallegos coerced an 11-year-old victim to engage in sexual acts, which Gallegos recorded on his cellphone. On May 4, 2020, investigators with Homeland Security Investigations (HSI), executing a federal search warrant, recovered the videos from Gallegos’ phone, as well as another pornographic video involving two minor victims.
Upon his release from prison, Gallegos will be subject to five years of supervised release and must register as a sex offender.
HSI investigated this case with assistance from the Lordsburg Police Department and Las Cruces Police Department as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant United States Attorney Marisa A. Ong is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.
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Arizona woman sentenced to five years in prison for manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Kayla Baker was sentenced on Aug. 29 in federal court to five years in prison. Baker, 26, of Ganado, Arizona, pleaded guilty on May 19 to involuntary manslaughter in Indian Country.
According to the plea agreement and other court records, on June 16, 2018, Baker was driving while intoxicated when she attempted to pass another vehicle. She steered into the path of on an oncoming vehicle, resulting in a crash that killed the other driver and severely injured the leg of a passenger. Tests following the crash showed Baker’s blood alcohol content was .12 and THC was present in her system. Law enforcement also found alcohol in Baker’s vehicle. The crash occurred in New Mexico on the Navajo Nation.
Upon her release from prison, Baker will be subject to three years of supervised release.
The Bureau of Indian Affairs investigated this case with assistance from the Navajo Nation Police Department and New Mexico State Police. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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New Mexico man indicted for attempting to provide material support to ISISRead the Press Release
ALBUQUERQUE, N.M. – Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Herman Leyvoune Wilson, also known as Bilal Mu’Min Abdullah, made an initial appearance in federal court today on an indictment charging him with attempting to provide material support to a designated foreign terrorist organization and attempting to obstruct, influence and impede at least one official proceeding.
A federal grand jury indicted Wilson, 45, of Albuquerque, on Aug. 23. Wilson will remain in custody pending an arraignment scheduled for Aug. 30.
According to the indictment and other court records, from Jan. 23, 2020, to Nov. 20, 2021, Wilson allegedly attempted to provide material support and resources to the Islamic State of Iraq and Syria (ISIS), a foreign terrorist organization. Wilson allegedly attempted to establish an “Islamic State Center” in New Mexico that would teach ISIS ideology, provide training in tactical maneuvers and martial arts, and serve as a safe haven for individuals preparing to travel and fight on behalf of ISIS in the United States and abroad.
Additionally, between Sept. 19, 2020, and October 2020, Wilson allegedly attempted to obstruct, influence and impede at least one official proceeding by commanding and inducing the destruction and concealment of records by shutting down an online platform. From May 2019 to September 2020, Wilson allegedly helped to administer an online platform to promote ISIS ideology, recruit others to ISIS ideology and discuss terrorist attacks in the United States and overseas. Wilson also allegedly used the online platform to promote the Islamic State Center and find potential like-minded individuals to join the center.
In September 2020, Kristopher Matthews and Jaylin Molina were arrested for providing material support to ISIS, and later pleaded guilty in the Western District of Texas. Matthews and Molina admitted that Wilson radicalized them to ISIS’s ideology, and that without Wilson’s influence, they would never have committed the crimes. When Matthews and Molina were arrested, Wilson allegedly instructed online platform members to destroy evidence of their use of the group. Matthews and Molina were sentenced in July 2022 to 20 years and 18 years in prison, respectively.
“Defending our country from terrorism is a core mission of the Department of Justice,” said United States Attorney Uballez. “We will not tolerate threats to our country from terrorist organizations like ISIS. We will vigorously prosecute anyone who attempts to provide material support to terrorists.”
“The FBI takes very seriously its role as America's primary federal law enforcement agency for investigating and preventing acts of international and domestic terrorism,” said FBI Special Agent in Charge Bujanda. “This investigation was the result of months of painstaking work by the FBI's Joint Terrorism Task Force, which consists of FBI special agents, intelligence analysts, other experts, and our federal, state, and local partners. Preventing terrorist attacks against Americans at home and abroad remains the FBI's top priority, and we will vigorously pursue investigations when an individual crosses the line from espousing particular views into planning or committing acts of violence.”
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Wilson faces up to 20 years in prison for each count.
The FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorneys Jon K. Stanford, Nicholas Mote and Tavo Hall are prosecuting the case, with valuable assistance provided by Trial Attorney John Cella of the National Security Division’s Counterterrorism Section.
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New Mexico Man Indicted for Attempting to Provide Material Support to ISISRead the Press Release
A New Mexico man was arrested today for allegedly attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS) and attempting to obstruct, influence and impede at least one official proceeding.
A federal grand jury indicted Herman Leyvoune Wilson, aka Bilal Mu’Min Abdullah, 45, of Albuquerque, on Aug. 23. Wilson will remain in custody pending an arraignment scheduled for Aug. 30.
According to the indictment and other court records, from Jan. 23, 2020, to Nov. 20, 2021, Wilson allegedly attempted to provide material support and resources to ISIS, a designated foreign terrorist organization. Wilson allegedly attempted to establish an “Islamic State Center” in New Mexico that would teach ISIS ideology, provide training in tactical maneuvers and martial arts, and serve as a safe haven for individuals preparing to travel and fight on behalf of ISIS in the United States and abroad.
Additionally, between Sept. 19, 2020, and October 2020, Wilson allegedly attempted to obstruct, influence and impede at least one official proceeding by commanding and inducing the destruction and concealment of records by shutting down an online platform. From May 2019 to September 2020, Wilson allegedly helped to administer an online platform to promote ISIS ideology, recruit others to ISIS ideology and discuss terrorist attacks in the United States and overseas. Wilson also allegedly used the online platform to promote the Islamic State Center and find potential like-minded individuals to join the center.
In September 2020, Kristopher Matthews and Jaylin Molina were arrested for providing material support to ISIS and later pleaded guilty in the Western District of Texas. Matthews and Molina admitted that Wilson radicalized them to ISIS’s ideology, and that without Wilson’s influence, they would never have committed the crimes. When Matthews and Molina were arrested, Wilson allegedly instructed online platform members to destroy evidence of their use of the group. Matthews and Molina were sentenced in July 2022 to 20 years and 18 years in prison, respectively.
If convicted, Wilson faces up to 20 years in prison for each count.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Alexander M.M. Uballez for the District of New Mexico, and Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office made the announcement.
The FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorneys Jon K. Stanford, Nicholas Mote and Tavo Hall are prosecuting the case, with valuable assistance provided by Trial Attorneys Frank Russo, Jessica Fender and John Cella of the National Security Division’s Counterterrorism Section.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.