District of New Mexico
Press releases recorded for this federal judicial district.
Mexican National Facing Federal Drug Charge Following 26.65 Pound Methamphetamine Seizure at U.S. Border Patrol Checkpoint South of Alamogordo, New MexicoRead the Press Release
ALBUQUERQUE – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Perfecto Lopez-Olivas, 44, a Mexican national, with a methamphetamine trafficking offense arising out of the seizure of 26 pounds of methamphetamine at a U.S. Border Patrol checkpoint in southern New Mexico on July 7, 2018. Lopez-Olivas was remanded into custody pending trial, which has yet to be scheduled.
U.S. Border Patrol agents arrested Lopez-Olivas on July 7, 2018, after seizing approximately 12.09 kilograms (26.65 pounds) of methamphetamine allegedly concealed in the gas tank of Lopez-Olivas’ vehicle. According to the criminal complaint, the agents allegedly found the methamphetamine while inspecting Lopez-Olivas’ vehicle at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M., in Otero County, N.M.
If convicted of the charges in the criminal complaint, Lopez-Olivas faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison, and will be deported after serving his term of incarceration. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA. Special Assistant U.S. Attorney Joni Autrey is prosecuting the case.
Member of Bernalillo County-Based Drug Trafficking Ring Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Clayton Arellano, 39, of Albuquerque, N.M., who was charged as the result of a DEA-led investigation targeting a Bernalillo County-based drug trafficking organization that distributed heroin and methamphetamine in the Albuquerque-area, pled guilty yesterday in federal court to a heroin trafficking charge.
Clayton Arellano’s co-defendant Orlando Romero, 30, also a resident of Albuquerque, was charged in a criminal complaint filed in Aug. 2016, with five counts of possession of heroin with intent to distribute and one count of possession of methamphetamine with intent to distribute. The complaint alleged that Romero committed the offenses between Oct. 26, 2015 and June 7, 2016 in Bernalillo County, N.M. Romero subsequently was charged in a six-count indictment filed on Sept. 13, 2016, with heroin and methamphetamine trafficking offenses.
In Dec. 2016, the indictment was superseded to add three co-defendants, including Clayton Arellano, and two additional charges. The superseding indictment charged Romero, Clayton Arellano, Bart Arellano, 36, and Clayton Arellano, Jr., 20, all residents of Albuquerque, with conspiring to distribute heroin from Jan. 2015 through Dec. 2015, in Bernalillo County. It also charged Romero with distributing heroin on five occasions between Oct. 2015 and April 2016, and with distributing heroin and methamphetamine in June 2016, and Clayton Arellano and Clayton Arellano, Jr., with possession of heroin with intent to distribute in July 2016. The superseding indictment charged the defendants with committing the offenses in Bernalillo County.
During yesterday’s proceedings, Clayton Arellano pled guilty to possession of heroin with intent to distribute. In entering the guilty plea, Clayton Arellano admitted that from Jan. 20, 2015 until his arrest in Dec. 2016, he conspired with others to purchase bulk quantities of heroin, store the heroin in stash locations, and distribute the heroin to others. Clayton Arellano also admitted regularly using his cellular phone to arrange for the supply and distribution of heroin to other distributors and drug users in Albuquerque, and that he subsequently learned that law enforcement authorities intercepted his communications pursuant to court orders.
According to the plea agreement, law enforcement authorities intercepted various calls and text messages between Clayton Arellano and individuals interested in buying drugs from Clayton Arellano on multiple occasions from May 2016 through July 2016, during which they discussed the locations, distribution and sale of heroin using coded language. Clayton Arellano acknowledged that during the course of the conspiracy, he was responsible for possessing more than 100 grams of heroin with the intention of distributing the heroin to others.
At sentencing, Clayton Arellano faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. A sentencing hearing has yet to be scheduled.
Clayton Arellano’s three co-defendants have entered not guilty pleas to the charges against them and are awaiting trial. Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the DEA as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Assistant U.S. Attorneys Kristopher N. Houghton and Joel R. Meyers are prosecuting this case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
MEDIA ADVISORY-- U.S. Attorney, APD Police Chief and Other Officials to Participate in 2018 Camp Fearless Graduation CeremonyRead the Press Release
ALBUQUERQUE – This week the Albuquerque Police Department (APD) collaborated with the U.S. Attorney’s Office, the Boys & Girls Club of Central New Mexico, Albuquerque Fire and Rescue, DEA, New Mexico State Police, New Mexico Army National Guard, and Isleta Pueblo Tribal Police Department to host its second week of Camp Fearless, a summer youth prevention program.
U.S. Attorney John C. Anderson, Albuquerque Police Chief Michael Geier and other officials will join the campers for the second week of Camp Fearless during a graduation ceremony scheduled for tomorrow, Friday, July 13, 2018, at 1:15 p.m., at the Boys & Girls Club of Central New Mexico at 3333 Truman Street NE in Albuquerque. The graduation ceremony is OPEN PRESS.
The 2018 Camp Fearless Program marks the 22nd year that the U.S. Attorney’s Office and its law enforcement and outreach partners have collaborated to operate summer youth camps with a youth drug, gang and gun violence prevention emphasis. The summer camp program originated as part of the Justice Department’s Weed & Seed Project and its Project Safe Neighborhoods program. This year, APD assumed leadership of the summer camp program as part of its Community Policing Program.
The two one-week camps, which were free of charge to youth from nine to 12 years of age, were designed to keep youth free of substance abuse and criminal involvement by providing physically challenging recreational and life skills activities, interaction with positive role models, and evidence-based gang and substance abuse resistance training. Campers also participated in a field trip to the Albuquerque Fire and Rescue training complex, an APD crime lab simulation, low ropes and obstacle courses, bowling and other fun physical activities, and classes during which law enforcement officers and Guardsmen made presentations on drug, gang and violence prevention.
WHO:
U.S. Attorney John C. Anderson
Albuquerque City Councilor Diane G. Gibson, District 7
APD Police Chief Michael Geier
APD Deputy Police Chief Harold J. Medina
Albuquerque Fire and Rescue Deputy Chief Gene Gallegos
Tim Sheahan, President, Boys & Girls Clubs of Central New Mexico
WHEN:
Friday, July 13, 2018, 1:15 p.m.
WHERE:
Boys & Girls Club of Central New Mexico, 3333 Truman Street NE, Albuquerque, NM 87110
NOTE: Media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials. Media representatives may begin to arrive at 1:00 p.m. RSVPs and inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at (office) 505-224-1480, (cell) 505-366-1463, or [email protected].
Santa Fe Cardiologist Sentenced to 51 Months in Federal Prison for Health Care Fraud and Obstruction of Justice ConvictionsRead the Press Release
ALBUQUERQUE – Chief U.S. District Judge William P. “Chip” Johnson sentenced Roy G. Heilbron in federal court in Albuquerque, N.M., this afternoon to 51 months of imprisonment for his convictions on health care fraud and obstruction of justice charges. The sentence was announced by U.S. Attorney John C. Anderson, Acting Special Agent in Charge Maxwell D. Marker of the FBI’s Albuquerque Division, and U.S. Marshal Sonya K. Chavez.
Heilbron, 54, a cardiologist residing in Santa Fe, N.M., was sentenced to 24 months for his conviction on a health care fraud charge, and 27 months for his conviction on an obstruction of justice charge arising out of his attempt to obstruct and impede sentencing proceedings on the health care fraud case. Heilbron was ordered to serve the two sentences consecutively for an aggregate of 51 months of imprisonment. Heilbron will be on supervised release for three years after completing his prison sentence. Heilbron also was ordered to pay $623,477.25 in restitution to the victims of his health care fraud crimes.
A federal grand jury indicted Heilbron in June 2015, and charged him with health care fraud and wire fraud offenses. The 24-count indictment charged Heilbron, a physician who was then licensed to practice medicine in New Mexico who specialized in cardiology, with executing a scheme to defraud Medicare and other health care benefit programs between Jan. 2010 and May 2011 by submitting false and fraudulent claims. According to the health care fraud indictment, Heilbron executed his scheme by:
- Performing and billing for a wide array of unnecessary tests on every new patient and submitting false diagnoses with the billing claims to justify the tests to the insurance plans;
- Inserting false symptoms, observations, and diagnoses into patients’ medical charts to provide written support for the tests he ordered or performed;
- Inserting photocopied clinical notes, diagnostic test results, and ultrasound images in patients’ medical charts to create a written record of procedures that were either not performed or that had not been sufficiently documented to support the billing;
- Submitting the photocopied notes, results, and images to the insurance plans when the plans requested documentation to support the claims submitted;
- Submitting claims to health plans for procedures that were never performed;
- Submitting claims for procedures performed on two consecutive dates to increase the amount paid for services that were actually rendered together on one single date; and
- Misusing billing codes and modifiers in order to increase his rate of reimbursement.
On Feb. 17, 2017, Heilbron pled guilty to one count of health care fraud. In his plea agreement, Heilbron acknowledged that at all times relevant to the crimes charged in the indictment, he was a doctor involved in the private practice of medicine. Heilbron further admitted from Dec. 2009 through Dec. 2011, he provided medical services as A Well for Health Church, Inc., a medical clinic in Santa Fe, where he contracted with several health care benefit programs including Blue Cross and Blue Shield of New Mexico and Medicare. Under the terms of those contracts, Heilbron would bill the programs for medical services he provided to patients covered by those programs and included his medical diagnosis or other justifications for the services for which he requested compensation. In his plea agreement, Heilbron admitted devising and executing a scheme to deceive and obtain money from health care programs that covered his patients by misrepresenting his patients’ diagnoses.
On Aug. 7, 2017, Heilbron’s attorney filed a motion to continue Heilbron’s sentencing hearing on the health care fraud charge, which was then scheduled for Aug. 28, 2017, to permit Heilbron to begin chemotherapy in Costa Rica for prostate cancer. The motion included two attachments: a one-page “Treatment Protocol for Roy Heilbron” dated Aug. 3, 2017, which purported to detail Heilbron’s alleged prostate cancer diagnosis, and a three-page “Clinical Summary” dated June 24, 2017, which purported to outline a four-cycle chemotherapy treatment plan. The two documents purported to be authored by a physician with offices in San Jose, Costa Rica, and Miami, Fla.
On Aug. 9, 2017, a U.S. Magistrate Judge issued a warrant for Heilbron’s arrest based on a criminal complaint charging him with making and presenting fraudulent documents regarding his medical condition to a U.S. Probation Officer, and submitting the fraudulent documents for the purpose of postponing or avoiding sentencing in the pending health care fraud prosecution. The complaint outlined the FBI’s investigation into the claims made in the “Clinical Summary” and “Treatment Protocol,” and asserted that Heilbron created the two documents himself and that Heilbron was not a patient of the physician whose name appears on the fraudulent documents. According to the complaint, Heilbron provided the fraudulent documents to his U.S. Probation Officer on Aug. 4, 2017, in support of a request to postpone his sentencing hearing. Heilbron was subsequently charged on Sept. 6, 2017, in a two-count indictment setting forth the same charges as those contained in the complaint. The indictment alleged that Heilbron committed the two crimes in Bernalillo County, N.M., and elsewhere, between Aug. 3, 2017 and Aug. 7, 2017.
On Feb. 2, 2018, Heilbron entered a guilty plea to the obstruction of justice charge of the indictment. In his plea agreement, Heilbron acknowledged that he previously pled guilty to a health care fraud charge on Feb. 17, 2017, and had a sentencing hearing on Aug. 28, 2017. Heilbron also admitted that on Aug. 4, 2017, he sent his Probation Officer an email requesting to postpone his sentencing hearing based on the representation that he was scheduled to begin chemotherapy treatments in Costa Rica on Aug. 14, 2017. In support of his request, Heilbron attached a clinical summary and treatment protocol purportedly authored by Heilbron’s physician. Heilbron admitted that the email was false and created for the purpose of delaying or avoiding the sentencing hearing on his health care fraud plea, and at the time he made the request for the postponement, he was on vacation in Europe with no intention of beginning chemotherapy treatments in Costa Rica beginning on Aug. 14, 2017.
In entering the guilty plea, Heilbron acknowledged that when he sent the false email, he was on release under a July 1, 2015 order of the U.S. District Court for the District of New Mexico relating to his health care fraud charge that put him on notice of the effect of committing crimes while on presentence release.
The obstruction of justice case was investigated by the Santa Fe and Albuquerque offices of the FBI, with assistance from the Charlotte office of the FBI and the U.S. Marshals Service, and the Santa Fe office of the FBI investigated the health care fraud case. Assistant U.S. Attorneys George C. Kraehe, Jeremy Peña and Paige Messec prosecuted the cases.
Clovis Man Pleads Guilty to Distributing and Receiving Child PornographyRead the Press Release
ALBUQUERQUE – Spencer C. Lovato, 26, of Clovis, N.M., pled guilty today in federal court in Albuquerque, N.M., to an indictment charging him with two counts of distributing child pornography and one count of receiving child pornography.
At sentencing, Lovato faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in federal prison. Lovato will also be required to register as a sex offender. Lovato has been in custody since his arrest in April 2017. He will remain detained pending his sentencing hearing, which has yet to be scheduled.
The FBI arrested Lovato in April 2017, on a criminal complaint charging him with child pornography offenses in Dec. 2016, in Curry and San Miguel Counties, N.M. According to the complaint, the investigation leading to Lovato’s arrest began in Dec. 2016, when the FBI received a report about video and image files containing child pornography that were being shared by individuals on an online messaging platform. During the investigation, the FBI obtained two IP addresses, email accounts and telephone account records identifying Lovato as the subscriber of accounts used to distribute and receive child pornography.
Lovato subsequently was charged in a three-count indictment on May 9, 2017, with distributing child pornography on Dec. 27, 2016, in Curry County, and with distributing and receiving child pornography on Jan. 5, 2017, in New Mexico.
During today’s proceedings, Lovato pled guilty to all three counts of the indictment. In entering the guilty plea, Lovato admitted that on Dec. 27, 2016, he sent a message on his phone that included a digital video of a minor involved in sexually explicit conduct. Lovato also admitted that on Jan. 5, 2017, he sent a message and received a message that included digital videos of minors involved in sexually explicit conduct.
This case was investigated by the Santa Fe office of the FBI and the Clovis Police Department. Assistant U.S. Attorney Paul Mysliwiec 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Woman Pleads Guilty to Federal Fraud, Identity Theft and Theft of Mail ChargesRead the Press Release
ALBUQUERQUE – Ericka Chavez, 22, of Albuquerque, N.M., pled guilty today in federal court to bank fraud, identify theft and theft of mail charges.
U.S. Postal Inspectors arrested Chavez on March 21, 2018, on a criminal complaint charging her with theft of mail. The complaint alleged that in Oct. 2017 and Feb. 2018, mail boxes at two Albuquerque-area apartment complexes were broken into and mail was stolen. The U.S. Postal Inspection Service initiated an investigation into the scheme after receiving complaints that checks stolen from the mail boxes had been altered and used to pay for memberships to Albuquerque stores.
Chavez was subsequently charged in a 19-count indictment on April 10, 2018, with three counts of theft of mail, eight counts of bank fraud and eight counts of aggravated identity theft. According to the indictment, Chavez committed the offenses from Oct. 2017 through March 2018, in Bernalillo County, N.M., by stealing mail from cluster mailboxes located in apartment complexes. The mail stolen included checkbooks, checks, and personal identifiers of victims, which Chavez used to commit further crimes.
During today’s proceedings, Chavez pled guilty one count of theft of mail, one count of bank fraud and one count of aggravated identity theft. In entering the guilty plea, Chavez admitted that on Nov. 5, 2017, she pried open a mailbox at an apartment complex in southeast Albuquerque and stole mail from inside the mailbox. Chavez also admitted that on Oct. 24, 2017, she executed a scheme to defraud the Bank of Albuquerque by writing a check to an Albuquerque store that was drawn on an account at Bank of Albuquerque in the name of a victim and also fraudulently signed the check with the victim’s name. Chavez acknowledged that she used the victim’s name, address and bank account number without the victim’s permission in order to defraud the bank, the store and the victim.
Chavez has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, Chavez faces a maximum penalty of 30 years in federal prison including a mandatory term of imprisonment of two years on the aggravated identity theft charge, which must be served consecutive to any other sentence imposed on the other charges.
The U.S. Postal Inspection Service investigated this case, which was prosecuted by Assistant U.S. Attorney Jeremy Pena.
Filipino Woman Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Jade Tiffany Laurezo, 34, a native of the Philippines, made her initial appearance yesterday in federal court in Roswell, N.M., on a criminal complaint charging her with possessing child pornography. Laurezo, who has been in the United States for several months on a visitor’s visa, remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for July 11, 2018, in Las Cruces, N.M.
According to the criminal complaint, the investigation leading to Laurezo’s arrest began in March 2018, when the Chaves County Sheriff’s Office (CCSO) followed up on a report from the National Center for Missing and Exploited Children regarding an email address subscribed to a Roswell residence where Laurezo was residing that allegedly was used to upload three files of child pornography. On June 27, 2018, the CCSO executed a state search warrant at the residence.
While executing the search warrant, the officers seized a cellular phone, which allegedly belonged to Laurezo. On July 3, 2018, the CCSO executed a state search warrant on the cellular phone and found that it contained four videos of child pornography.
If convicted of possession of child pornography, Laurezo faces up to ten years of imprisonment and will be deported after completing any prison sentence imposed. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Roswell office of the FBI, Homeland Security Investigations, and the Chaves County Sheriff’s Office. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Felon from Edgewood Pleads Guilty to Unlawful Possession of Firearm and Ammunition Under Plea Agreement Recommending 188 Months of ImprisonmentRead the Press Release
ALBUQUERQUE – Dennis Griego, 36, of Edgewood, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to violating the federal firearms laws by being a felon in possession of firearms and ammunition. Griego entered the guilty plea under an agreement recommending a sentence of 188 months of imprisonment followed by a term of supervised release to be determined by the court. Griego faced an enhanced penalty of a mandatory minimum sentence of 15 years of imprisonment based on his status as an armed career criminal.
Griego’s guilty plea was announced by U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Albuquerque Police Chief Michael Geier.
Griego, whose criminal history includes prior felony convictions for commercial-automotive burglary, possession of a controlled substance, residential burglary, being a felon in possession of a firearm, and aggravated battery against a household member with a deadly weapon, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Griego on Dec. 6, 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on April 29, 2016, in Bernalillo County, N.M. Griego was prohibited from possessing firearms and ammunition because of his prior felony convictions.
During yesterday’s change of plea hearing, Griego pled guilty to the indictment and admitted that he committed the offense on April 29, 2016, when officers of the Albuquerque Police Department served a state warrant for his arrest and executed a state search warrant at his residence. When the officers arrived at his residence, Griego barricaded himself in his residence, resulting in a prolonged standoff with the officers. The officers seized a firearm and ammunition from Griego’s residence when Griego surrendered and the officers were able to arrest him and execute the search warrant.
Griego has been in federal custody since his arrest and remains detained pending a sentencing hearing, which has yet to be scheduled.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department investigated the case, which is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Columbus Man Sentenced to 170 Years for Convictions on Federal Child Pornography and Alien Transporting ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, New Mexico State Police Chief Pete Kassetas, and Deputy Chief Justin Dunivan of the Las Cruces Police Department announced that a resident of Columbus, N.M., was sentenced late yesterday afternoon in federal court in Las Cruces, N.M., to 170 years of imprisonment for convictions on child pornography and alien transporting charges in two separate cases.
U.S. District Judge Robert C. Brack sentenced Samuel Elliott, 34, to 170 years of imprisonment in the first case for his conviction on three counts of production of child pornography and four counts of possession of child pornography. Elliott also was ordered to pay $210,012 in restitution to each of the three children victimized by Elliott’s child pornography production scheme. Judge Brack sentenced Elliott to 15 months of imprisonment in the second case for his conviction on an alien transporting charge, to be served concurrent to the sentence imposed on the child pornography charges.
In announcing the sentence, U.S. Attorney John C. Anderson commended the exemplary collaborative investigative efforts of HSI, the New Mexico State Police and the Las Cruces Police Department for the investigation leading to Elliott’s conviction and for rescuing his victims. The U.S. Attorney added, “The victims in cases like this one are children who cannot protect themselves from harm. As the result of the sentence imposed, this sexual predator will never again exploit another child. His sentence should send a forceful message that law enforcement in New Mexico is committed to the protection of our children and will vigorously investigate and prosecute predators who exploit and abuse them.”
“Yesterday’s 170-year sentencing is an example of the U.S. government’s assurance that individuals will be held accountable for heinous acts committed against children,” said Jack P. Staton, Special Agent in Charge of HSI El Paso. “HSI and our law enforcement partners stand firm in our commitment to investigate and prosecute criminals whose heinous acts victimize and scar children for life.”
“I’m proud of the men and women of the New Mexico State Police and their dedication to keeping the children of New Mexico safe,” said New Mexico State Police Chief Pete Kassetas. “I’m pleased that justice was served and this predator can no longer harm our kids.”
“The Las Cruces Police Department is honored to work alongside our counterparts, from local and federal agencies, to help protect our children from offenders that are poisoning our communities,” said Las Cruces Police Deputy Chief Justin Dunivan. “We believe our actions will have a significant impact and ensure that the defendant never harms another child.”
In the alien transporting case, Elliott and his brother Robert Steven Elliott, II, 35, also a resident of Columbus, were charged by criminal complaint on Sept. 4, 2013, with conspiring to transport illegal aliens on Aug. 28, 2013, in Luna County, N.M. The two were indicted on the same charge on Dec. 11, 2013. Robert Steven Elliott pled guilty to the indictment charging him with conspiring to transport illegal aliens on Jan. 22, 2014, and was sentenced on Oct. 1, 2014, to time served followed by three years of supervised release. Elliott pled guilty to the same charges on March 20, 2014.
In the child pornography case, Elliott was charged in an eight-count indictment with production and possession of child pornography. Counts 1 through 3 of the indictment alleged that between Dec. 2012 and July 2013, Elliott used three young children to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. According to the indictment, two of the children were between one and five years of age and the third child was over the age of five years. The remaining five counts alleged that Elliott possessed child pornography in July 2013. The indictment asserted that Elliott committed all eight crimes in Luna County, N.M. A superseding indictment alleging the same charges was filed in July 2015.
On June 26, 2018, Elliott pled guilty to three counts of producing visual depictions of minors engaged in sexually explicit conduct and four counts of possessing material containing images of child pornography. In his plea agreement, Elliott admitted using a video camera to record a video of himself engaging in sexually explicit conduct with a child between one and five years of age. Elliott also admitted using a video camera to produce sexually explicit visual depictions of a sleeping child between five and eleven years of age. Elliott admitted committing these two crimes between Dec. 2012 and July 2013. Elliott also admitted that on Dec. 10, 2012, he used his iPhone to produce sexually explicit depictions of a third child who was between one and five years of age.
In his plea agreement, Elliott also acknowledged that in July 2013, the New Mexico State Police executed a search warrant at his residence and seized his iPhone, a desktop computer and a hard-drive. He also acknowledged that HSI executed a search warrant on his Dropbox online storage account. Elliott acknowledged that forensic examinations recovered thousands of images of child pornography from his iPhone; 48 images of child pornography from his hard-drive, approximately 300 images of child pornography from his desktop computer, and 72 videos of child pornography from his Dropbox online storage account.
The case was investigated by the Las Cruces office of Homeland Security Investigations, the New Mexico State Police and the Las Cruces Police Department, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
The case was prosecuted by Assistant U.S. Attorneys Alexander B. Shapiro and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office 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 case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMOAG. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
New Mexico State Police Officer Arrested on Federal Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, Acting Special Agent in Charge Maxwell D. Marker of the FBI’s Albuquerque Division, New Mexico State Police (NMSP) Chief Pete Kassetas, San Juan County Sheriff Ken Christesen, and Director Kevin Burns of the HIDTA Region II Narcotics Task Force announced today that a NMSP officer has been arrested and is charged with violating the federal drug laws.
NMSP Officer Daniel Capehart, 33, of Bloomfield, N.M., was arrested by the FBI, NMSP, San Juan County Sheriff’s Office (SJCSO), and HIDTA Region II Narcotics Task Force on June 29, 2018. At the time of his arrest, Capehart was assigned to patrol duty in Farmington and San Juan County, N.M. Upon arrest, Capehart was placed on administrative leave.
Capehart made his initial appearance in federal court in Farmington, N.M., this morning before U.S. Magistrate Judge B. Paul Briones on a criminal complaint charging him with distribution of marijuana and methamphetamine. Capehart remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for July 5, 2018, in federal court in Albuquerque, N.M.
The criminal complaint generally alleges that Capehart abused his position as a law enforcement officer by stealing quantities of drugs seized during arrests and giving the drugs to females with whom he was interested in pursuing romantic or sexual relationships. To this end, the complaint alleges that on June 15, 2018, Capehart initiated a “flirtatious” “texting” relationship with a 16-year-old female who was a passenger in a friend’s vehicle, which was the subject of a traffic stop. After Capehart allegedly agreed to dismiss the friend’s citations, Capehart allegedly sent a number of text messages to set up two clandestine deliveries of marijuana to the minor on June 21 and 23, 2018.
The complaint alleges that unbeknownst to Capehart, the minor had turned her cellphone over to a SJCSO Detective on June 19, 2018, and Capehart allegedly had been communicating with the SJCSO Detective instead of the minor. According to the complaint, investigators conducted surveillance as Capehart allegedly left the marijuana at the designated drop locations as discussed in the text messages, and collected the marijuana after Capehart departed from the areas.
According to the complaint, a confidential source (Source), known to Capehart as a methamphetamine user, informed the investigators that Capehart had been texting her for approximately nine months and that Capehart had contacted her by text as recently as June 5, 2018. The Source reported that the texting relationship with Capehart also began with a traffic stop and was sexual in nature. The Source permitted an FBI Special Agent to take control of her cellphone and pose as the Source beginning on June 27, 2018.
The complaint alleges that during text messaging on June 28, 2018, between the FBI Special Agent posing as the Source and Capehart, the FBI Special Agent asked Capehart if he could “make me happy or vice versa,” and Capehart allegedly responded “if you know someone I can bust tomorrow then it makes my job easy. Whatever I get I just split it.” After the FBI Special Agent sent text messages to Capehart setting up a sting, the investigators put a plan into place to have an undercover officer, posing as a methamphetamine dealer and carrying 24 grams of methamphetamine, accompany the Source to the SunRay Casino in Farmington.
According to the complaint, on the night of June 28, 2018, while the undercover officer and the Source were driving to the casino, Capehart allegedly executed a traffic stop on the undercover officer’s vehicle, arrested the undercover officer, and seized the methamphetamine. In subsequent text messaging, Capehart allegedly told the FBI Special Agent, whom he believed to be the Source, that he would arrange for her to get her share of the methamphetamine after he booked the drug dealer.
In the early hours of June 29, 2018, investigators conducted surveillance as Capehart allegedly drove from the San Juan County Detention Center to a park in Bloomfield, and walked into and out of the bathroom area in the park. After Capehart departed the area, investigators went into the bathroom area and found a plastic container containing approximately 5.7 grams of methamphetamine. The description and location of the container were consistent with information Capehart allegedly previously sent to the FBI Special Agent, whom he believed to be the Source, by text message. Investigators arrested Capehart shortly thereafter at the Farmington office of the NMSP.
“As guardians of our communities, police officers have a solemn trust and responsibility to uphold the law. Any suggestion that an officer has breached that trust demands prompt action,” said U.S. Attorney John C. Anderson. “My office will work closely with FBI, NMSP, SJCSO, and HIDTA Region II Narcotics Task Force to ensure that any violation of the public trust is addressed swiftly, thoroughly and in accordance with law.”
“The majority of law enforcement officers perform their duty with dedication and integrity, putting their lives on the line every day to keep our communities safe,” said Acting Special Agent in Charge Maxwell D. Marker of the FBI’s Albuquerque Division. “It is a sad day when the FBI and our partners investigate someone accused of betraying their solemn oath to uphold the law, but it is a task we perform thoroughly and vigorously because the public must be able to trust their protectors. We hope this arrest sends a clear message that misconduct by any law enforcement officer or any public official will not be tolerated.”
“The State Police is fully cooperating with the FBI in their investigation and we look forward to justice being served,” said New Mexico State Police Chief Pete Kassetas. “Police officers take an oath to uphold the law and any violations of that oath are unacceptable.”
“The vast majority of law enforcement officers fulfill their duty with integrity and honor,” said San Juan County Sheriff Ken Christesen, “The small fraction that does not will not be tolerated in San Juan County or the State of New Mexico.”
“Police officers are entrusted by the citizens of New Mexico to uphold their oath with limited supervision. It is always unfortunate when law enforcement officers have to investigate one of their own,” said Director Kevin Burns of the HIDTA Region II Narcotics Task Force. “We are pleased with the hard work of our task force officers and our collaboration with the FBI on an investigation to uphold the integrity of our profession.”
If convicted on the marijuana distribution offenses, Capehart faces a statutory maximum penalty of five years of imprisonment. If convicted on the methamphetamine distribution offense, Capehart faces a statutory maximum penalty of 20 years of imprisonment. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The investigation of his case, which is ongoing, is a collaborative effort by the Farmington office of the FBI, the New Mexico State Police, the San Juan County Sheriff’s Office, and the HIDTA Region II Narcotics Task Force. Assistant U.S. Attorneys Peter J. Eicker and Shaheen P. Torgoley are prosecuting the case.
The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. 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.
Capehart ComplaintAcoma Pueblo Man Sentenced to 15 Years for Federal Voluntary Manslaughter and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Darius L. James, 41, an enrolled member and resident of Acoma Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 15 years in prison for his conviction on voluntary manslaughter and firearms charges. James will be on supervised release for three years after completing his prison sentence.
James was arrested on Aug. 24, 2017, on a criminal complaint charging him with killing an Acoma Pueblo man by shooting him on the Acoma Pueblo Indian Reservation in Cibola County, N.M. According to the complaint, James found the victim hidden in a bedroom closet in his [James’] residence. As the victim fled the scene, James followed him into a nearby field and fired several shots, hitting the victim three times and killing him. At the time, James was prohibited from possessing firearms or ammunition because he was a convicted felon.
On Jan. 11, 2018, James pled guilty to a felony information charging him with voluntary manslaughter and brandishing a firearm during a crime of violence. In entering the guilty plea, James admitted that on July 24, 2017, he shot the victim with a rifle. James acknowledged that he was prohibited from possessing firearms because he was a convicted felon, and agreed to forfeit his firearms and ammunition.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.
Member of Drug Trafficking Organization that Distributed High Grade Marijuana Throughout New Mexico Pleads Guilty to Marijuana Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Joaquin Alaniz, 41, of Carlsbad, N.M., pled guilty in federal court in Albuquerque, N.M., to marijuana trafficking and money laundering charges. Alaniz’s plea agreement recommends a prison sentence of 42 months followed by a period of supervised release to be determined by the court.
Alaniz is one of ten defendants charged as the result of a two-year investigation by the FBI and IRS-Criminal Investigation into a drug trafficking organization led by Enrique Cavazos, 32, of Tijeras, N.M., that distributed high-grade marijuana throughout New Mexico and across the country. The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.
Alaniz, Enrique Cavazos, his wife Lindsey Cavazos, 33, his father Felix Cavazos, 59, of Albuquerque, Daniel Nieto, 40, of Carlsbad, Eliberto Nava, 36, of Madera, Calif., Antonio Ruelas, 32, of Rio Rancho, N.M., and Robert D. Moreno, 38, of Ukiah, Calif., were charged by indictment in Nov. 2015, with marijuana trafficking and money laundering offenses. The indictment charged the co-conspirators with participating in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere.
According to court filings, Enrique Cavazos operated a marijuana trafficking business by directing his co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country. Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds. The couple engaged in a money laundering conspiracy and used bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.
The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants: Steven Becerra, 62, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 55, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 66, a retired school teacher. The superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.
During today’s proceedings, Alaniz pled guilty to a felony information charging him with conspiracy to distribute marijuana and conspiracy to commit money laundering. In entering the guilty plea, Alaniz admitted that from at least Jan. 1, 2008 through Nov. 17, 2015, he participated in a conspiracy to cultivate, ship and sell marijuana to wholesalers and users by purchasing marijuana from Enrique Cavazos and distributing the marijuana in New Mexico for approximately a decade. Alaniz further admitted that from at least April 10, 2013 through Nov. 17, 2015, he conspired with his codefendants to launder cash proceeds from the marijuana distribution conspiracy by transferring at least $50,850 of funds derived from the illegal sale of marijuana from his bank accounts to accounts controlled by Enrique and Lindsey Cavazos. A sentencing hearing has yet to be scheduled.
Six of Alaniz’s co-defendants have entered guilty pleas, and four have been sentenced. Nieto pled guilty on May 25, 2017, and was sentenced on June 26, 2018 to 36 months in prison followed by three years of supervised release. Lindsey A. Cavazos pled guilty on May 24, 2017, and was sentenced on June 27, 2018 to five years of probation. Enrique Cavazos pled guilty on May 24, 2017, and was sentenced on May 9, 2018, to 72 months in federal prison followed by three years of supervised release. Ruelas pled guilty on Sept. 8, 2017, and was sentenced on May 2, 2018, to 30 months in federal prison followed by three years of supervised release. Navia pled guilty on May 22, 2018, and Moreno pled guilty on June 12, 2018. Sentencing hearings for Navia and Moreno are currently scheduled for Sept. 13, 2018.
The remaining three defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which is currently scheduled for July 2018. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation and the Albuquerque Police Department. Assistant U.S. Attorneys Jennifer M. Rozzoni, Timothy S. Vasquez and Joel R. Meyers are prosecuting the case, and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.
Five Members of Mexican Drug Trafficking Organization Plead Guilty to Drug Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Five of the 22 defendants charged with federal drug trafficking and international money laundering charges in a superseding indictment filed in Aug. 2017, entered guilty pleas in federal court in Las Cruces, N.M., recently under plea agreements recommending sentences ranging from 36 months to 20 years of imprisonment.
Twenty-three defendants were charged on April 19, 2017, in a 44-count indictment, as the result of a 16-month DEA-led federal investigation targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico, and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois. During the investigation, law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles. The investigation concluded in April 2017, with a multi-agency law enforcement operation that included the execution of arrest warrants in New Mexico and Texas, and six search warrants in El Paso, Tex., Sunland Park, N.M., Belen, N.M., and Albuquerque, N.M.
A superseding indictment was subsequently filed on Aug. 16, 2017, that included all of the charges from the indictment but removed one defendant. The superseding indictment charged the 22 defendants with participating in a conspiracy to distribute heroin, methamphetamine and cocaine between April 2016 and April 2017. It also charged nine of the defendants with participating in an international money laundering conspiracy during that same period in time. The superseding indictment also charges certain defendants with engaging in a series of substantive drug trafficking and money laundering offenses, and using communication devices (telephones) to facilitate their criminal activities. It charges one defendant with a firearms offense.
The superseding indictment included 77 overt acts allegedly committed by the defendants in furtherance of the drug trafficking conspiracy which describe the expansive sweep of the DTO’s drug distribution operation and the significant quantities of drugs involved. For example, the overt acts alleged that the DTO’s drug trafficking and money laundering activities extended to Kentucky, where law enforcement officers seized $15,300 in drug proceeds from a courier who was transporting the money to New Mexico in April 2016; Oklahoma, where law enforcement officers seized 4.44 kilograms of methamphetamine from a courier in June 2016; and New Mexico, where law enforcement officers seized six kilograms of heroin and 3.56 kilograms of methamphetamine from a courier at a U.S. Border Patrol checkpoint in Oct. 2016.
The superseding indictment also included forfeiture allegations, which sought forfeiture to the United States of the proceeds of the DTO’s drug trafficking and money-laundering activities, including $56,556 seized by the DEA during the investigation.
The following five defendants have entered guilty pleas in the past two weeks:
- Jose Manuel Ortiz-Campos, 28, a legal permanent resident residing in El Paso, Texas, pleaded guilty on June 19, 2018, to conspiracy to distribute methamphetamine and heroin, conspiracy to commit international money laundering, possession of methamphetamine and heroin with intent to distribute, and international money laundering. Ortiz-Campos admitted that in April 2017, he obtained drugs brought into the United States in the southern New Mexico and El Paso, Texas areas, and transported and delivered the drugs to Albuquerque and other locations. Ortiz-Campos admitted collecting drug proceeds for delivery to Mexico. Under the terms of his plea agreement, Ortiz-Campos will be sentenced within the range of 180 to 240 months in federal prison and will then be deported.
- Manuel German Ibarra, 34, of Albuquerque, N.M., pled guilty on June 26, 2018 to conspiracy to distribute methamphetamine, conspiracy to commit international money laundering, using a communication facility in furtherance of a drug trafficking crime, and international money laundering. Ibarra admitted that in April 2017, he worked with others to distribute drugs in New Mexico and other locations by receiving and storing drugs in Albuquerque. Ibarra also delivered drug proceeds to couriers who transported the money to Mexico. Ibarra was responsible for trafficking approximately 3.6 kilograms of methamphetamine and three kilograms of cocaine. At sentencing, Ibarra faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
- Daisy Hidalgo, 23, of Anthony, N.M., and Jasmine Lucia Soto, 20, of Chaparral, N.M., pled guilty on June 27, 2018, to conspiring to distribute methamphetamine and heroin, and possessing methamphetamine and heroin with intent to distribute. Each admitted that in Nov. 2016, they drove or rode in vehicles loaded with drugs through checkpoints, and on Nov. 22, 2016, they were stopped for traffic violations in Belen, N.M., and law enforcement seized approximately 6.82 kilograms of pure methamphetamine and 3.0 kilograms of heroin from their vehicles. At sentencing, Hidalgo faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Soto entered her guilty plea under a plea agreement recommending a sentence of 36 months of imprisonment.
- Today, Diego Armando Rivas-Aguilar, 24, of El Paso, Texas, pled guilty to conspiracy to distribute methamphetamine and heroin, and to using a communication device in furtherance of a drug trafficking crime. Rivas-Aguilar admitted that between April 2016 and Feb. 2017, he maintained a stash house in El Paso, Texas, where he distributed drugs imported into the United States, and the drugs were then transported to Albuquerque and other locations. Rivas-Aguilar admitted that during this period, law enforcement agents seized approximately 15.2 kilograms of methamphetamine and 11.38 kilograms of heroin that had been delivered to the stash house and that Rivas-Aguilar subsequently delivered to transportation crews within the DTO. Rivas-Aguilar pled guilty under a plea agreement recommending a sentence of 63 months of imprisonment followed by a term of supervised release to be determined by the court.
To date, eight of the 22 defendants have entered guilty pleas and are awaiting sentencing. Twelve defendants have entered pleas of not guilty and are pending trial. Three defendants have yet to be arrested and are considered fugitives. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The Las Cruces and Albuquerque offices of the DEA conducted the investigation with assistance from the U.S. Border Patrol, New Mexico State Police and Hatch Police Department. Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases as part of the OCDETF Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The OCDETF Program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Member of Drug Trafficking Organization that Distributed High Grade Marijuana Throughout New Mexico Sentenced for Hashish Oil Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Daniel Nieto, 40, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for his conviction on a hashish oil trafficking charge.
Nieto is one of ten defendants charged as the result of a two-year investigation by the FBI and IRS-Criminal Investigation into a drug trafficking organization led by Enrique Cavazos, 32, of Tijeras, N.M., that distributed high-grade marijuana throughout New Mexico and across the country. The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.
Nieto, Enrique Cavazos, his wife Lindsey Cavazos, 33, his father Felix Cavazos, 59, of Albuquerque, Joaquin Alaniz, 41, of Carlsbad, Eliberto Nava, 36, of Madera, Calif., Antonio Ruelas, 32, of Rio Rancho, N.M., and Robert D. Moreno, 38, of Ukiah, Calif., were charged by indictment in Nov. 2015, with marijuana trafficking and money laundering offenses. The indictment charged the co-conspirators with participating in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere.
According to court filings, Enrique Cavazos operated a marijuana trafficking business by directing his co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country. Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds. The couple engaged in a money laundering conspiracy and used bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.
The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants: Steven Becerra, 62, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 55, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 66, a retired school teacher. The superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.
On May 25, 2017, Nieto pled guilty to one count of possession of hashish oil with intent to distribute. In entering the guilty plea, Nieto admitted that as part of the investigation into his co-defendants, law enforcement officers learned that Nieto had been selling marijuana and hashish oil primarily provided to Nieto by his co-defendants for approximately seven to eight years. Nieto further admitted that during a search of his residence in May 2015, law enforcement officers located approximately two pounds of hashish oil, prescription pills and two firearms. Nieto acknowledged that the hashish oil that was found in his residence was to be distributed to other individuals.
Six of Nieto’s co-defendants have entered guilty pleas, and two have been sentenced. Enrique Cavazos pled guilty on May 24, 2017, and was sentenced on May 9, 2018, to 72 months in federal prison followed by three years of supervised release. Ruelas pled guilty on Sept. 8, 2017, and was sentenced on May 2, 2018, to 30 months in federal prison followed by three years of supervised release. Lindsey A. Cavazos pled guilty on May 24, 2017, Navia pled guilty on May 22, 2018, and Moreno pled guilty on June 12, 2018. Sentencing hearings for these three defendants have yet to be scheduled.
The remaining four defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which is currently scheduled for July 2018. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation and the Albuquerque Police Department. Assistant U.S. Attorneys Jennifer M. Rozzoni, Timothy S. Vasquez and Joel R. Meyers are prosecuting the case, and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.
Carlsbad Felon Sentenced to 15 Years for Conviction on Federal Kidnapping and Firearms ChargesRead the Press Release
ALBUQUERQUE – Richard Fierro, 43, of Carlsbad, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 15 years of imprisonment for his conviction on kidnapping and firearms charges. Fierro will be on supervised release for three years after completing his prison sentence. U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Shane Skinner of the Carlsbad Police Department (CPD) announced the sentence.
Fierro was prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Fierro in Nov. 2016, on a criminal complaint charging him with violating the federal firearms laws on Oct. 28, 2016, in Carlsbad, in Eddy County, N.M. According to the complaint, Fierro forced two children into his vehicle at gunpoint, crashed the vehicle, and attempted to flee the scene before CPD officers arrested him. Officers found a firearm, ammunition, and marijuana in Fierro’s vehicle during a search incident to the arrest.
Fierro was indicted on Feb. 15, 2017, and was charged with kidnapping two victims, and with being a felon in possession of a firearm and ammunition on Oct. 28, 2016, in Eddy County. According to the indictment, Fierro was prohibited from possessing firearms or ammunition because he previously had been convicted on cocaine trafficking, aggravated battery, possession of a firearm by a felon, and possession of cocaine base with intent to distribute.
On Oct. 17, 2017, Fierro pled guilty to the indictment. In entering the guilty plea, Fierro admitted that on Oct. 28, 2016, he forced the two juveniles into his vehicle based on the belief that he needed to kidnap them in order to protect his daughter from harm. He later realized that this was not true. Fierro admitted driving around Carlsbad with the two kidnapped victims until he crashed into another vehicle and fled the scene. Fierro also admitted possessing a firearm and ammunition during the kidnapping even though he was prohibited from possessing firearms and ammunition due to his status as a convicted felon.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Carlsbad Police Department and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Registered Nurse Formerly Employed by Hospice Care Provider Sentenced to Three Years for Prescription Opioid ConvictionRead the Press Release
ALBUQUERQUE – A registered nurse, formerly employed by an Albuquerque-area hospice care provider, was sentenced yesterday afternoon in federal court in Albuquerque, N.M., for her conviction on a prescription opioid conspiracy charge. Desiree Ulibarri, 32, of Albuquerque, will serve 36 months in federal prison followed by three years of supervised release.
Ulibarri and co-defendant Annabel Debari, 37, also of Albuquerque were charged in August 2016, in a two-count indictment with conspiracy to distribute oxycodone, and conspiracy to acquire and obtain oxycodone by fraud and deceit. According to the indictment, the two women committed the crimes in Bernalillo County, N.M., between April 2016 and July 2016.
The investigation of this case began on July 21, 2016, after Ulibarri’s employer, a hospice care provider, contacted DEA to report suspicions that Ulibarri was engaged in prescription pill diversion. The employer became suspicious because Ulibarri was documenting patients’ prescriptions in a way that made it difficult to reconcile the medications and because Ulibarri was picking up patients’ prescription pills at Federal Express instead of having the medication delivered to the patients.
On July 22, 2016, DEA agents seized 80 10-mg oxycodone pills from Ulibarri, which she obtained from packages she retrieved from Federal Express. When DEA agents conducted a consensual search of Ulibarri’s cellular phone, they allegedly found evidence that Ulibarri had been conspiring with a co-worker, who is also a registered nurse, to illegally distribute prescription pills since April 2016. Additionally, a review of records of missing packages revealed that at least 3,870 pills, an aggregate of 42,150 mgs of oxycodone, had been diverted during the course of the conspiracy.
On June 15, 2017, Ulibarri pled guilty to the indictment. In her plea agreement, Ulibarri admitted that she was a registered nurse in March 2016, when she was hired by a hospice care provider, and in April 2016, she began to abuse her position to divert prescription medications from their intended recipients. She acknowledged that she recommended oxycodone prescriptions for patients who did not need oxycodone with the intention of selling the pills to others. Ulibarri admitted arranging for a courier service to hold packages of oxycodone intended for patients for pickup instead of delivering the medication to the patients, and picking up the medication herself so she could divert the oxycodone for distribution and her own personal use. Ulibarri also admitted recommending that her employer hire Debari, who was also a registered nurse, so that Debari could assist her in diverting and distributing oxycodone pills in New Mexico.
Debari entered a guilty plea to similar charges on Dec. 9, 2016. In entering her guilty plea, Debari admitted that she personally diverted at least 750 10-milligram oxycodone pills in furtherance of Ulibarri’s diversion scheme. As part of that scheme, on June 7, 2016, Ulibarri called the courier service and pretended to be the intended recipient of the oxycodone pills, and requested that the courier service release the medication to Debari. Debari also admitted that on July 18, 2016, she helped Ulibarri conceal their diversion scheme from their employer by arranging for another person to call their employer and falsely claim to be an employee of the courier service who was reporting that the oxycodone pills had gone missing.
Debari’s sentencing hearing has yet to be scheduled.
This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque. DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Assistant U.S. Attorneys Alexander M. Uballez and Kristopher N. Houghton are prosecuting the case pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
MEDIA ADVISORY-- U.S. Department of Justice Opioid Coordinator Mary Daly and U.S. Attorney John C. Anderson to Meet with Tribal Leaders in Northern New Mexico to Discuss Impact of Heroin and Opioid Epidemic on New Mexico’s Tribal CommunitiesRead the Press Release
Media Availability to Follow Consultation
ALBUQUERQUE – U.S. Department of Justice Opioid Coordinator Mary Daly and U.S. Attorney John C. Anderson will consult with Tribal Leaders from Pueblos in northern New Mexico which have been deeply affected by the heroin and opioid epidemic. The consultation, undertaken as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative, a partnership between the UNM Health Sciences Center and the U.S. Attorney’s Office, will take place at 1:00 pm on June 25, 2018, at the offices of the Eight Northern Indian Pueblos Council (ENIPC) in Ohkay Owingeh, N.M.
The consultation will provide tribal leaders and officials an opportunity to discuss the devastating impact heroin and opioids have had on tribal communities in northern New Mexico. Ms. Daly and U.S. Attorney Anderson will discuss the Justice Department’s programs and initiatives for combatting the opioid crisis, particularly in Indian Country.
Tribal Leaders, Ms. Daly and U.S. Attorney Anderson will be available to meet with the media at 2:30 p.m. at the ENIPC offices in Ohkay Owingeh following the consultation.
WHO:
Tribal Leaders, Ms. Daly and U.S. Attorney Anderson will be available to meet with the media at 2:30 pm following the consultation.
Participants in Consultation (in formation)
Mary Daly, U.S. Department of Justice Opioid Coordinator
U.S. Attorney John C. Anderson
Governor J. Michael Chavarria of Santa Clara Pueblo, Chairman of ENIPC
Governor Phillip A. Perez of Nambe Pueblo
Governor Joseph Talachy of Pojoaque Pueblo
Governor Perry Martinez of San Ildefonso Pueblo
WHAT:
Media Availability following DOJ Consultation with Tribal Leaders
WHEN:
Monday, June 25, 2018 at 2:30 p.m.
WHERE:
ENIPC Offices
327 Eagle Drive
Ohkay Owingeh Pueblo, NM
OPEN PRESS
NOTE: Media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials. Media representatives may begin to arrive at 8:00 a.m. RSVPs and inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at (office) 505-224-1480, (cell) 505-366-1463, or [email protected].
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.
MEDIA ADVISORY- Department of Justice Opioid Coordinator Mary Daly to Join U.S. Attorneys for New Mexico and Montana, Other Federal and Tribal Law Enforcement and Health Officials, for Two-Day Conference on Drug Trafficking in Indian CountryRead the Press Release
ALBUQUERQUE – U.S. Department of Justice Opioid Coordinator Mary Daly will join federal and tribal officials, including U.S. Attorneys John C. Anderson for the District of New Mexico and Kurt G. Alme for the District of Montana, at a two-day training conference aimed at strengthening law enforcement efforts to fight opioids and other dangerous drug trafficking in Indian Country.
The training, entitled “Investigative Techniques Related to the Enforcement of Illicit Drug Trafficking in Indian Country” will take place Tuesday and Wednesday, JUNE 26 and 27, 2018, in Albuquerque, N.M. The U.S. Drug Enforcement Administration (DEA), Bureau of Indian Affairs Office of Justice Services, FBI, and tribal police officials will participate in the two-day event focused on drug identification for dangerous drugs, such as fentanyl, and strengthening law enforcement investigations and responses. Opening remarks on both days are OPEN PRESS.
WHEN:
Tuesday, June 26, 2018, 8:30 a.m. – 9:15 a.m. MST
Opening Remarks
John C. Anderson, United States Attorney, District of New Mexico
Mary Daly, Opioid Coordinator, Office of the Deputy Attorney General, U.S. Department of Justice
Kyle Williamson, Special Agent in Charge, DEA, El Paso Field Division
Charles Addington, Director, BIA Office of Justice Services
Derek Fuller, Assistant Special Agent in Charge, FBI Albuquerque
Robert Kennedy, Staff Coordinator, DEA
Wednesday, June 27, 2018, 8:30 a.m. - 9:00 a.m. MST
Keynote Address
Kurt G. Alme, United States Attorney,
District of Montana and Vice Chair of the Attorney General’s Native American Issues Subcommittee
WHERE:
Bureau of Indian Affairs-Office of Justice Services District IV
1011 Indian School Road NW
Rooms 233-234
Albuquerque, NM 87104
NOTE: Media representatives must present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials. Media representatives may begin to arrive at 8:00 a.m. RSVPs and inquiries regarding logistics should be directed to USAO Media Coordinator Alyssa Ferda, contractor, at (office) 505-224-1480, (cell) 505-366-1463, or [email protected].
Clovis Man Sentenced for Unlawfully Possessing Unregistered Sawed-Off ShotgunRead the Press Release
ALBUQUERQUE – Alan William Weber, 37, of Clovis, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to the 49 days of time he has already served in custody to be followed by three years of supervised release for violating the federal firearms laws by possessing an unregistered sawed-off shotgun. Weber’s term of supervised release will include 15 months of home detention under electronic monitoring during which time Weber will be required to comply with a curfew. Weber also was ordered to forfeit the eight firearms seized from his residence in Jan. 2017.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested Weber on Feb. 23, 2017, on a criminal complaint charging him with firearms offenses. According to the complaint, Weber pointed a firearm at an EMS crewmember on Jan. 30, 2017, during a call for service at Weber’s residence. Law enforcement agents subsequently found a large gun safe in Weber’s residence containing multiple firearms and ammunition while executing a search warrant incident to Weber’s arrest on local charges. Subsequent investigation in Feb. 2017 by ATF revealed that Weber did not have any firearms registered to him in the National Firearms Registration and Transfer Record (NFRTR) and that Weber previously had been convicted of a misdemeanor domestic violence offense.
Weber was indicted on July 27, 2017, and was charged with being a person previously convicted of a misdemeanor domestic violence offense in possession of a firearm, and possession of an unregistered firearm on Jan. 30, 2017, in Curry County, N.M.
On Nov. 17, 2017, Weber pled guilty possession of an unregistered firearm. In entering the guilty plea, Weber admitted that on Jan. 30, 2017, he possessed a sawed-off shotgun that was not registered to him in the NFRTR.
This case was investigated by the ATF office in Albuquerque and the Clovis Police Department and was prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
Previously Convicted Sex Offender from Albuquerque Facing New Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Russell Young, 39, of Albuquerque, N.M., a prior sex offender who is serving a term of supervised release from a prior child pornography conviction, is facing new child pornography charges in a criminal complaint filed by the FBI in federal court in Las Cruces, N.M. Young made his initial appearance in federal court in Las Cruces, N.M., on June 18, 2018, and this morning, a U.S. Magistrate Judge in Las Cruces found probable cause to support the charges in the criminal complaint. The Magistrate Judge also ordered Young detained pending trial based on findings that he poses a danger to the community.
The FBI arrested Young on June 15, 2018, on a criminal complaint charging him with distribution and possession of child pornography in Dona Ana County, N.M. According to the criminal complaint, on Oct. 13, 2011, Young was convicted of receiving child pornography, and was sentenced to 77 months of imprisonment followed by ten years of supervised release. The complaint alleges that Young violated the terms of his supervised release in March 2017, Oct. 2017, and Nov. 2017, by unlawfully possessing cellular smartphones with internet access. The cellular smartphone seized from Young in Nov. 2017, allegedly contained multiple images of child pornography.
If convicted on the distribution charge, Young faces an enhanced penalty of a mandatory minimum term of imprisonment of 15 years and a maximum of 40 years instead of the otherwise applicable five to 20 years because of his prior child pornography conviction. If convicted on the possession charge, Young faces an enhanced penalty of a mandatory minimum term of imprisonment of ten years and a maximum of 20 years instead of the otherwise applicable ten year maximum penalty because of his prior child pornography conviction. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the FBI. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch 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, visit http://www.justice.gov/psc/.
The case also is being prosecuted the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
PTS Prisoner Transport Officer Indicted for Sexually Assaulting Inmate and Possessing Firearm in Furtherance of Sexual AssaultRead the Press Release
ALBUQUERQUE – James Baldinger, 51, of Minnesota, and a transport officer with the Prisoner Transportation Services of America (PTS), appeared in federal court today in Duluth, Minn., after a federal grand jury sitting in Albuquerque, N.M., indicted him on charges related to his sexual assaults of a female in his custody, and using his firearm in furtherance of those assaults. Counts One and Two of the indictment charge Baldinger with committing civil rights offenses that resulted in bodily injury, including aggravated sexual abuse and the use of a deadly weapon. Count Three charges Baldinger with knowingly possessing a firearm in furtherance of these crimes of violence.
Baldinger faces a maximum of life in prison if convicted of the crimes charged, and a mandatory minimum of five years in prison for possession of the firearm.
An indictment is merely a formal accusation of criminal conduct, and Baldinger is presumed innocent unless proven guilty.
This case is being investigated by the Albuquerque Division of the FBI in cooperation with the New Mexico State Police. It is being prosecuted by Assistant U.S. Attorney Shaheen Torgoley of the District of New Mexico, and Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice.
Laguna Pueblo Man Sentenced to 20 Years for 2nd Degree Murder ConvictionRead the Press Release
ALBUQUERQUE – Jeffrey Antonio, 36, an enrolled member and resident of Laguna Pueblo, N.M., was sentenced yesterday evening in federal court in Albuquerque, N.M., to 20 years of imprisonment for his second-degree murder conviction. Antonio will serve a three-year term of supervised release after completing his prison sentence. The sentence was announced by U.S. Attorney John C. Anderson, Special Agent in Charge William McClure of District IV of the BIA’s Office of Justice Services, and Bernalillo County Sheriff Manuel Gonzales, III.
Antonio was indicted on March 23, 2016, on a second-degree murder charge. The indictment alleged that Antonio committed the offense on July 31, 2015, on the Sandia Pueblo Indian Reservation in Bernalillo County, N.M.
A federal jury found Antonio guilty on the sole count of the indictment on April 19, 2017, after a three day trial. The evidence at trial established that on July 31, 2015, Antonio was driving a truck on the Sandia Pueblo Indian Reservation when he swerved into oncoming traffic and crashed head-on into another vehicle, injuring the driver and killing the passenger. Law enforcement officers who responded to the scene of the crash observed a cold four-pack of beer in Antonio’s truck that was missing two cans and noted that Antonio smelled of alcohol. The results of a blood test at a hospital following the crash revealed that Antonio had a BAC of .19.
During the trial, the jury learned that Antonio has two prior convictions for driving under the influence of alcohol; one in 2008 and another in 2011, which required that Antonio complete a first offender program. The program incorporates educational aspects of the risks associated with driving while impaired.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Bernalillo County Sheriff’s Department. Assistant U.S. Attorneys Joseph Spindle and Michael D. Murphy prosecuted the case.
Albuquerque Felon Sentenced to 92 Months in Prison for Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Manuel Herrera, 51, of Albuquerque, N.M., was sentenced today in federal court to 92 months in prison for being a felon in possession of a firearm and ammunition. Herrera will be on supervised release for three years after completing his prison sentence.
Herrera was arrested in Jan. 2017, on an indictment charging him with being a felon in possession of a firearm and ammunition on Sept. 11, 2016, in Bernalillo County, N.M. According to the indictment, Herrera was prohibited from possessing firearms or ammunition because of his prior felony convictions for forgery, aggravated driving while intoxicated, bribery and intimidation of a witness, being a felon in possession of a firearm, possession of a controlled substance, and aggravated assault with a deadly weapon.
On March 13, 2017, Herrera entered a guilty plea to the indictment.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sandoval County Sheriff’s Office. Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
U.S. Attorney’s Office Presents Case Study on “Swastika Branding Case” During Navajo Nation Human Rights Commission’s Hate Crime Awareness SeminarsRead the Press Release
ALBUQUERQUE – The U.S. Attorney’s Office is participating in two Hate Crime Awareness Seminars sponsored by the Office of Navajo Nation Human Rights Commission on June 20 and 21, 2018, in Albuquerque, N.M. The first seminar is taking place today at the Albuquerque Indian Center at 105 Texas Street SE, and the second takes place tomorrow at Albuquerque & Bernalillo County Government Center.
The U.S. Attorney’s Office is presenting on the federal prosecution of United States v. Paul Beebe, et al., 10-Cr-3104-MV (DNM), the first case to be charged under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (Shepard/Byrd Act). Three men from San Juan County, N.M., were indicted by a federal grand jury in Nov. 2010 under this law, which was enacted in October 2009, for their racially motivated assault on a 22-year-old developmentally disabled man of Navajo descent.
Court records reflect that the defendants took the victim to an apartment in Farmington, N.M., which was adorned in racist paraphernalia, including a Nazi flag and a woven dream catcher with a swastika in it. After the victim had fallen asleep, the defendants defaced the victim’s body by drawing on him with blue, red and black markers. When the victim awoke, one of the defendants branded the victim, who sat with a towel in his mouth, by heating a wire hanger on a stove and burning the victim’s flesh, causing a permanent deep impression of a swastika in his skin. The defendants used a cell phone to create a recording of the victim in which they coerced him to agree to be branded.
The defendants also defaced the victim’s body with white supremacist and anti-Native American symbols, including shaving a swastika in the back of the victim’s head and using markers to write the words “KKK” and “White Power” within the lines of the swastika. They also mocked the victim’s heritage by drawing an ejaculating penis and testicles on the victim’s back, telling him that they were drawing his “native pride feathers,” all the while recording the incident on a cell phone to later play for law enforcement, as “proof” that the victim consented to their acts.
All three defendants subsequently pled guilty to violating the Shepard/Byrd Act and served prison sentences.
The case study will be presented by Assistant U.S. Attorney Roberto D. Ortega, who prosecuted the case, and Assistant U.S. Attorney Kyle T. Nayback, who supervises the Indian Country Crimes Section in the U.S. Attorney’s Office.
The agendas for the Hate Crime Awareness Seminars are attached.
Hate Crime Seminar AgendaTexas Man Sentenced to Ten Years for Federal Drug Trafficking and Firearms Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Nicolas Robert Muniz, 27, of Monahans, Tex., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by four years of supervised release for his conviction on drug trafficking and firearms charges.
Muniz was charged by criminal complaint on June 5, 2017, after law enforcement officers seized approximately 504 grams of methamphetamine, 50 grams of marijuana, and firearms and ammunition from Muniz’s vehicle during a routine traffic stop. According to the complaint, the officers deployed a drug detection canine on Muniz’s vehicle after observing that Muniz was acting in a suspicious and nervous manner. They searched the vehicle and found the drugs after the canine alerted to the presence of controlled substances in the vehicle.
Muniz and a co-defendant Michael Dwain Samples, 26, also from Monahans, were subsequently charged in a six-count indictment filed on Sept. 13, 2017. The indictment charged the two men with participating in a methamphetamine distribution conspiracy and possessing methamphetamine with intent to distribute. The indictment also charged Muniz and Samples with being felons in possession of a firearm and ammunition, and possessing firearms in relation to drug trafficking crimes. According to the indictment, the defendants committed the offenses on May 16, 2017, in Lea County, N.M. Samples and Muniz were prohibited from possessing firearms or ammunition because they were convicted felons.
On Jan. 16, 2018, Muniz pled guilty to a four-count felony information charging him with conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, being a felon in possession of a firearm and ammunition and possession of a firearm in furtherance of a drug trafficking crime. In entering the guilty plea, Muniz admitted that on May 16, 2017, he agreed to drive Samples from Monahans to Carlsbad, N.M., to purchase approximately 469 grams of methamphetamine. Muniz admitted having a loaded firearm under his seat of the vehicle he was driving, and that he possessed the firearm and ammunition despite his status as a convicted felon and for protection and in furtherance of his drug trafficking activities.
On Oct. 31, 2017, Samples pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, and being a felon in possession of a firearm and ammunition. In entering the guilty plea, Samples admitted that on May 16, 2017, he traveled from Monahans to Carlsbad, to purchase approximately 469 grams of methamphetamine with the intention of distributing the methamphetamine to others. Samples further admitted that on May 16, 2017, he possessed a firearm and ammunition despite his status as a convicted felon. Samples was sentenced on April 17, 2018, to ten years in prison followed by five years of supervised release.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Brock E. Taylor and Special Assistant U.S. Attorney Joni L. Autrey of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Bernalillo County Man Pleads Guilty to Federal Fraud, Identity Theft and Theft of Mail ChargesRead the Press Release
ALBUQUERQUE – Jesse Tucker, 36, of Tijeras, N.M., pled guilty today in federal court in Albuquerque, N.M., to fraud, identity theft and theft of mail charges, announced U.S. Attorney John C. Anderson and Inspector in Charge Melisa Llosa of the Phoenix Division of the U.S. Postal Inspection Service.
Tucker was charged in an indictment filed on Feb. 14, 2018, with eight counts of bank fraud, six counts of aggravated identity theft, and one count of theft or receipt of stolen mail. The bank fraud counts alleged that between Nov. 2016 and May 2017, Tucker fraudulently obtained almost $70,000 through a scheme to defraud that involved the use of stolen personal identifiers, checks, and other financial instruments obtained from stolen mail. The aggravated identity theft counts alleged that Tucker used the identities of others without lawful authority between Nov. 2016 and May 2017, and the theft or receipt of stolen mail count alleged that in June 2017, Tucker unlawfully possessed stolen mail, including checks and financial instruments, taken from a U.S. Postal depository in June 2017. According to the indictment, Tucker committed these crimes in Bernalillo and Valencia Counties, N.M.
During today’s change of plea hearing, Tucker pled guilty to the eight bank fraud charges, two of the aggravated identity theft charges, and the theft or receipt of stolen mail charge. In entering the guilty plea, Tucker admitted that between Nov. 2016 and May 2017, he used the personal identifiers of nine individuals, which he obtained from stolen mail, to create and obtain counterfeit identification cards and drivers’ licenses that but bore his photograph. Tucker then used the fraudulent identification cards and licenses to falsify checks, complete credit applications, and apply for loans from financial institutions. Tucker also admitted using the personal identifiers of others in his efforts fraudulently to obtain loans while knowing that they belonged to real people. Tucker also acknowledged that on June 6, 2017, law enforcement found a large volume of stolen mail belonging to other individuals in his residence.
At sentencing, Tucker faces a maximum penalty of 30 years of imprisonment on the bank fraud charges and a maximum penalty of five years of imprisonment on the stolen mail charge. He also faces a mandatory minimum penalty of two years of imprisonment on the aggravated identity theft charges, which must be served consecutive to any other sentence imposed on the other fraud charges. A sentencing hearing has yet to be scheduled.
The U.S. Postal Inspection Service investigated this case and it is being prosecuted by Assistant U.S. Attorney Holland S. Kastrin.
Texas Man Pleads Guilty to Assaulting Federal Law Enforcement Officers in New MexicoRead the Press Release
ALBUQUERQUE – Kingsley Ufembou Akendeu, 24, of Lubbock, Texas, pled guilty today in federal court in Albuquerque, N.M., to assaulting federal law enforcement officers in New Mexico. Akendeu entered the guilty plea under a plea agreement that recommends a prison sentence within the range of 37 to 46 months followed by a term of supervised release to be determined by the court.
The DEA arrested Akendeu in Jan. 2018, and charged him by criminal complaint with possession of marijuana with intent to distribute and assaulting federal law enforcement officers during an interdiction investigation at a bus station in Albuquerque. According to the complaint, Akendeu scratched, punched and bit a DEA Special Agent and a DEA Task Force Officer while resisting arrest after they found approximately 2.7 kilograms of marijuana in his luggage.
Akendue subsequently was indicted on Jan. 23, 2018, and was charged with an assaulting a federal law enforcement officer offense. The indictment was superseded on Feb. 27, 2018, to include a second assault on a federal officer charge. The superseding indictment alleged that Akendue committed the crimes on Jan. 7, 2018, in Bernalillo County, N.M.
During today’s proceedings, Akendue pled guilty to the superseding indictment. In entering the guilty plea, Akendue admitted that on Jan. 7, 2018, he assaulted a DEA Special Agent by scratching his face and punching him in the nose, while knowing that he was a law enforcement officer. He also admitted assaulted a DEA Task Force Office by biting him but did not know that he was a law enforcement officer at the time of the assault.
Akendue remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Roswell Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Monica Vega, 35, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges. Vega’s plea agreement recommends a ten-year prison sentence followed by a term of supervised release to be determined by the court.
Vega was arrested on Nov. 17, 2017, on a three-count indictment charging her with methamphetamine trafficking and firearms offenses. The indictment charged Vega with possessing methamphetamine with intent to distribute on April 20, 2017 and Oct. 20, 2017, and possessing a firearm in furtherance of a drug trafficking crime on April 20, 2017. According to the indictment, Vega committed the crimes in Chaves County, N.M.
During today’s proceedings, Vega pled guilty to a two-count felony information charging her with possessing methamphetamine with intent to distribute. In entering the guilty plea, Vega admitted that on April 20, 2017, law enforcement agents seized approximately 57.8 grams of methamphetamine, drug paraphernalia, and $1,083 while executing a search warrant at her residence. Vega also admitted that on Oct. 19, 2017, New Mexico State Police officers seized approximately 33.6 grams of methamphetamine from her when they arrested her on a traffic violation. Vega acknowledged that she planned to distribute the methamphetamine to others for money.
Vega has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearm and Explosives, Homeland Security Investigations, the Roswell Police Department, New Mexico State Police and the HIDTA Chaves County Metro Narcotics Task Force. Assistant U.S. Attorneys Dustin C. Segovia and John Balla of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
The 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 High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. 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.
Mexican National Pleads Guilty to Cocaine Trafficking and Child Pornography Charges Arising Out of Seizures at U.S. Border Patrol Checkpoint Near AlamogordoRead the Press Release
ALBUQUERQUE – Edgar Castillo-Alonso, 21, a Mexican national, pled guilty today in federal court in Las Cruces, N.M., to cocaine trafficking and child pornography charges arising out of seizures made on April 23, 2018, at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M.
Castillo-Alonso was arrested in April 2018, on a criminal complaint charging him with possessing approximately 5.6 kilograms (12.4) pounds of cocaine with intent to distribute. The criminal complaint alleged that U.S. Border Patrol agents seized the cocaine from a vehicle driven by Castillo-Alonso during an inspection at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, in Otero County, N.M.
During today’s change of plea hearing, Castillo-Alonso pled guilty to a three-count felony information charging him with conspiracy to distribute cocaine, possession of cocaine with intent to distribute, and possession of child pornography. In his plea agreement, Castillo-Alonso admitted that on April 23, 2018, he transported approximately 5.6 kilograms of cocaine in Otero County, with the intention of delivering the cocaine to another person in exchange for money. Castillo-Alonso admitted that the cocaine was concealed in a hidden compartment in his vehicle. Castillo-Alonso also admitted possessing images of child pornography, which were stored on his cellular phone.
At sentencing, Castillo-Alonso faces a statutory mandatory minimum penalty of ten years and a maximum of life imprisonment on the cocaine trafficking charges, and a statutory maximum penalty of 20 years of imprisonment on the child pornography charge. Castillo-Alonso will also be required to register as a sex offender after he completes his prison sentence. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces offices of the DEA and FBI, and the U.S. Border Patrol. Assistant U.S. Attorney Brock E. Taylor 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/. Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437.
Alleged Accomplice of Man Killed During June 16, 2018 APD Officer Involved Shooting Arrested on Federal Armed Bank Robbery and Firearms ChargesRead the Press Release
ALBUQUERQUE – Jennifer Rael, 39, of Albuquerque, N.M., made her initial appearance before U.S. Magistrate Judge Kirtan Khalsa in federal court this morning on a criminal complaint charging her with aiding and abetting armed bank robbery, and using a firearm in furtherance of a crime of violence. Rael remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow morning.
The criminal complaint charges Rael with aiding and abetting the armed robbery of the Western Commerce Bank located at 1910 Wyoming Blvd. NW in Albuquerque on June 11, 2018. According to the complaint, a female and a male were involved in the robbery and both were observed getting into a white U-Haul van. Witnesses who viewed photographs from the bank surveillance video of the robbery identified Rael and Richard Rivera as the individuals involved in the robbery.
According to the complaint, FBI investigation revealed that Rael allegedly rented a van, which appears similar to the van on the bank surveillance video, on June 8, 2018, for 24-hours but failed to return it. When the van was not returned, U-Haul reported the van stolen.
The complaint alleges that on June 16, 2018, the FBI received information that a Verizon store had been robbed. The Albuquerque Police Department located Rael and Rivera in the van and pursued them to a grocery store where Rivera was shot and killed and Rael was arrested.
If convicted on the armed bank robbery charge, Rael faces a statutory maximum penalty of 25 years of imprisonment. If convicted on the firearms charge, Rael faces a mandatory minimum of five years of imprisonment that must be served consecutive to any sentence imposed on the armed bank robbery charge. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Jack E. Burkhead is prosecuting the case.
Rael ComplaintSupplier of Southeastern New Mexico Drug Trafficking Organization Pleads Guilty to Federal Methamphetamine Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Marcos A. Martinez, 31, of Roswell, N.M., pled guilty yesterday afternoon in in Las Cruces, N.M., to federal methamphetamine trafficking and firearms charges filed as the result of a multi-agency investigation into a criminal organization that was trafficking large quantities of methamphetamine and firearms in southeastern New Mexico.
The investigation, which was initiated by the DEA, ATF and the HIDTA Region VI Pecos Valley Drug Task Force, in spring 2017, initially targeted a methamphetamine trafficking organization operating in southeastern New Mexico supplied by Martinez, and also allegedly supplied by Daniel P. Bruton, 39, of Artesia, N.M. The investigative team quickly expanded to include HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office, and the investigative targets expanded to include other alleged drug traffickers in Eddy and Chaves Counties. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. During the investigation, law enforcement authorities seized more than 2.5 kilograms of methamphetamine and 44 firearms.
Martinez, Bruton and eight co-defendants were charged in a 34-count indictment filed on Oct. 3, 2017. The indictment alleged that Martinez, Bruton and their co-defendants conspired to violate the federal narcotics trafficking and firearms laws from May 2017 through Oct. 2017 in Eddy and Chaves Counties and elsewhere in New Mexico. The indictment includes 55 overt acts that discussed the conspiracy’s operations, including the quantities of methamphetamine, ranging from multiple ounces to five pounds, allegedly distributed by the defendants on a routine basis. It also describes the firearms, including assault rifles that allegedly were to be smuggled into Mexico, allegedly used by the defendants in relation to their drug trafficking activities.
During yesterday’s proceedings, Martinez pled guilty to all of the charges against him in the indictment, including a methamphetamine trafficking conspiracy count, four counts of using a communication facility in furtherance of drug trafficking crimes, two counts of possessing methamphetamine with intent to distribute, one count of distributing methamphetamine, and one count of smuggling goods from the United States.
In entering the guilty plea, Martinez admitted that on numerous occasions between May 2017 and Sept. 2017, he conspired with his co-conspirators to distribute more than 2,126.98 grams of methamphetamine in Eddy County and elsewhere. Martinez also admitted that in Oct. 2017, he conspired with another individual to provide firearms to be illegally smuggled from the United States to Mexico but the firearms were seized from him by the police at a traffic stop while he was traveling from Roswell to Albuquerque, N.M. Had the firearms not been seized, it was Martinez’s intention to take the firearms to California to be illegally exported to Mexico.
At sentencing, Martinez faces a statutory mandatory minimum penalty of ten years and a maximum of life in prison. Martinez has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
Four of Martinez’s co-defendants have entered guilty pleas: Chelcy A. Vasquez, 26, of Dexter, N.M., pled guilty on Feb. 5, 2018; Erick L. Miranda-Santos, 22, of Artesia pled guilty on April 5, 2018; and Isela Hernandez, 26, of Roswell pled guilty on April 16, 2018. Their sentencing hearings have yet to be scheduled. Kenneth R. Dickerson, 56, of Carlsbad pled guilty on Feb. 20, 2018, and is currently scheduled for sentencing in June 2018.
The remaining five co-defendants have entered pleas of not guilty to the charges against them. Charges in indictments and criminal complaints are only accusations. Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
These cases were investigated by the DEA, ATF, HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the HIDTA Region VI Pecos Valley Drug Task Force, the HIDTA Region VI Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office. Assistant U.S. Attorneys Clara N. Cobos and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The 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 High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. 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.
Navajo Man from McKinley County Pleads Guilty to Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Ronald George, 47, an enrolled member of the Navajo Nation who resides in Vanderwagon, N.M., pled guilty today in federal court in Albuquerque, N.M., to an abusive sexual contact charge. George entered the guilty plea under a plea agreement that recommends that he be sentenced to a term of imprisonment within the range of 78 to 97 months followed by a term of supervised release to be determined by the court. George will be required to register as a sex offender after completing his prison sentence.
George was arrested on April 18, 2017, on an indictment charging him with sexual abuse of a child under the age of 12 years between Feb. 4, 2014 and Sept. 21, 2015, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, George pled guilty to a felony information charging him with abusive sexual contact. In entering the guilty plea, George admitted that between Feb. 4, 2014 and Sept. 21, 2015, he engaged in sexual contact with a child under the age of 12 years while on the Navajo Indian Reservation. George remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall 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, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Hobbs Man Sentenced to 15 Years for Federal Drug Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Louis Garcia, 31, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 15 years in prison for his conviction on drug trafficking and firearms charges. Garcia will be on supervised release for eight years after completing his prison sentence.
Garcia was arrested in Dec. 2017, on a criminal complaint charging him with committing drug trafficking and firearms offenses on Nov. 20, 2017, in Lea County, N.M. According to the criminal complaint, officers of the Hobbs Police Department found a loaded firearm, two ounces of methamphetamine, drug paraphernalia and $544 in Garcia’s vehicle during a routine traffic stop.
On Feb. 21, 2018, Garcia pled guilty to a three-count felony information charging him with possession of methamphetamine with intent to distribute, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm. In entering the guilty plea, Garcia admitted that on Nov. 20, 2017, he possessed approximately 54 grams of a mixture containing methamphetamine and a loaded handgun for protection in relation to his drug trafficking activity. Garcia admitted that he was prohibited from possessing firearms or ammunition because of his prior methamphetamine trafficking conviction in 2007.
This case was investigated by the Las Cruces office of the DEA and the Hobbs Police Department and was prosecuted by Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Patrick Moquino, 39, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to an assault charge.
Moquino was arrested on July 11, 2017, on a criminal complaint charging him with assaulting a Mescalero Apache man by punching and kicking the victim in the head. Moquino subsequently was indicted on Nov. 8, 2017, and charged with assault resulting in serious bodily injury. According to the indictment, Moquino committed the assault on March 14, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M.
During today’s proceedings, Moquino pled guilty to the indictment and admitted that on March 14, 2017, he assaulted the victim by punching and kicking the victim while the victim was lying on the ground. Moquino further admitted that the victim suffered a fractured nasal bone and head trauma as the result of the assault.
At sentencing, Moquino faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
U.S. Customs and Border Protection Officers Seized 335 Pounds of Methamphetamine at New Mexico Ports of Entry Last WeekRead the Press Release
ALBUQUERQUE – Officers of U.S. Customs and Border Protection (CBP) seized 335 pounds of methamphetamine and arrested two Mexican nationals during two border inspections at ports of entry in New Mexico last week announced U.S. Attorney John C. Anderson of New Mexico, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Director of Field Operations Hector A. Mancha of U.S. Customs and Border Protection, El Paso Field Office.
CBP officers arrested Conception Rosas-Villafuerte, 30, on June 6, 2018, after seizing approximately 73.16 kilograms (161 pounds) of methamphetamine allegedly concealed in the tires of Rosas-Villafuerte’s vehicle. According to the criminal complaint, the agents allegedly found the methamphetamine during an inspection at the U.S. Port of Entry in Santa Teresa in Dona Ana County, N.M.
CBP officers arrested Jose Alfonso Zuniga-Barraza, 38, on June 8, 2018, after the officers seized approximately 79.4 kilograms (174.5 pounds) of methamphetamine allegedly concealed in Zuniga-Barraza’s vehicle while conducting an inspection at the U.S. Port of Entry in Antelope Wells in Hidalgo County, N.M. According to the criminal complaint, the officers allegedly found approximately 150 bundles of methamphetamine concealed throughout Zuniga-Barraza’s vehicle.
Both men made their initial appearances in federal court in Las Cruces, N.M. Rosas-Villafuerte made his initial appearance on June 8, 2018, and Zuniga-Barraza made his initial appearance on June 11, 2018. Both men remain in federal custody pending preliminary hearings and detention hearings, which are scheduled for June 13, 2018 and June 14, 2018, respectively.
If convicted of the charges against them, each man faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The two cases were investigated by Homeland Security Investigations and the U.S. Customs and Border Protection, and are being prosecuted by Assistant U.S. Attorney Dustin C. Segovia of the U.S. Attorney’s Office Las Cruces Branch Office.
Sixth Member of Drug Trafficking Organization that Distributed High Grade Marijuana Throughout New Mexico Pleads Guilty to Marijuana Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Robert D. Moreno, 38, of Ukiah, Calif., pled guilty today in federal court in Albuquerque, N.M., to marijuana trafficking and money laundering charges. Moreno entered the guilty plea under a plea agreement that recommends that he be sentenced to not more than 20 months of imprisonment to be followed by a term of supervised release to be determined by the Court.
Moreno is one of ten defendants charged as the result of a two-year investigation by the FBI and IRS-Criminal Investigation into a drug trafficking organization led by Enrique Cavazos, 32, of Tijeras, N.M., that distributed high-grade marijuana throughout New Mexico and across the country. The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.
Moreno, Enrique Cavazos, his wife Lindsey Cavazos, 33, his father Felix Cavazos, 59, of Albuquerque, Joaquin Alaniz, 41, and Daniel Nieto, 30, both of Carlsbad, N.M., Eliberto Nava, 36, of Madera, Calif., and Antonio Ruelas, 32, of Rio Rancho, N.M., were charged by indictment in Nov. 2015, with marijuana trafficking and money laundering offenses. The indictment charged the co-conspirators with participating in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere.
According to court filings, Enrique Cavazos operated a marijuana trafficking business by directing his co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country. Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds. The couple engaged in a money laundering conspiracy and used bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.
The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants: Steven Becerra, 62, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 55, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 66, a retired school teacher. The superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.
During today’s proceedings, Moreno pled guilty to a felony information charging him with conspiracy to distribute marijuana and conspiracy to commit money laundering. In entering the guilty plea, Moreno admitted that from Jan. 2011 through Nov. 2015, he helped purchase a property in California with proceeds derived from the illegal sale of marijuana for the purpose of cultivating marijuana to be distributed in New Mexico and elsewhere. A sentencing hearing for Moreno has yet to be scheduled.
Five of Moreno’s co-defendants have entered guilty pleas, and two have been sentenced. Enrique Cavazos pled guilty on May 24, 2017, and was sentenced on May 9, 2018, to 72 months in federal prison followed by three years of supervised release. Ruelas pled guilty on Sept. 8, 2017, and was sentenced on May 2, 2018, to 30 months in federal prison followed by three years of supervised release. Lindsey A. Cavazos pled guilty on May 24, 2017, Nieto pled guilty on May 25, 2017, and Navia pled guilty on May 22, 2018. Sentencing hearings for these three defendants have yet to be scheduled.
The remaining four defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which is currently scheduled for July 2018. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation and the Albuquerque Police Department. Assistant U.S. Attorneys Jennifer M. Rozzoni, Timothy S. Vasquez and Joel R. Meyers are prosecuting the case, and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.
Acoma Pueblo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Anthony Phillips, 28, an enrolled member and resident of Acoma Pueblo, N.M., was sentenced today in federal court in Santa Fe, N.M., to 24 months in prison for his conviction on an assault charge. Phillips will be on supervised release for three years after completing his prison sentence.
Phillips was arrested on March 30, 2017, on an indictment charging him with assault resulting in serious bodily injury on Jun 19, 2016, on the Acoma Indian Reservation in Cibola County, N.M.
On Oct. 13, 2017, Phillips pled guilty to the indictment and admitted that on June 19, 2016, on the Acoma Indian Reservation, he assaulted a Laguna Pueblo woman by wrapping his arms around her, kicking her legs out from under her, and taking her to the ground and handcuffing her. The victim suffered an avulsion facture to her knee and a torn ACL as the result of the assault.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services. Assistant U.S. Attorney Elisa C. Dimas prosecuted the case pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Owner of Espanola-Area Gun Shop Pleads Guilty to Selling Firearms to Felons and MinorsRead the Press Release
ALBUQUERQUE – Robert Real, 56, of Espanola, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to numerous violations of the federal firearms laws, including selling firearms to felons and minors and falsification of required firearm transfer records. The guilty plea was announced by U.S. Attorney John C. Anderson and Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Robert Real, a licensed firearms dealer and owner of Shooter’s Outpost located in Espanola, his wife Linda Real, 65, an employee and a licensed firearms dealer, and Robert Real’s stepdaughter and employee Crystal Johnson, all of Espanola, were charged on Oct. 24, 2017, by indictment with the following offenses:
- Count 1, charging all three defendants with conspiracy to sell firearms by licensed dealers to prohibited possessors of firearms and ammunition from March 12, 2016 through Feb. 8, 2017;
- Count 2, charging Robert Real and Linda Real with selling a firearm to a felon prohibited from possessing firearms or ammunition on March 12, 2016;
- Count 3, charging Robert Real with unlawfully selling a firearm other than a rifle or shotgun to a person under the age of 21 on June 4, 2016;
- Count 4, charging Robert Real and Linda Real with falsifying a required firearm transfer record form on Nov. 20, 2016;
- Count 5, charging Johnson with the unauthorized transfer of a firearm from a motor vehicle on Nov. 23, 2016;
- Count 6, charging Robert Real and Linda Real with selling a firearm to a felon prohibited from possessing firearms or ammunition on Jan. 28, 2017;
- Count 7, charging Robert Real with making false statements to federal agents regarding the unlawful sale of firearms on Feb. 24, 2017; and
- Count 8, charging Robert Real and Linda Real with falsifying required firearm transfer record forms from Jan. 28, 2017 through Feb. 24, 2017.
The indictment alleged that the defendants committed the crimes in Rio Arriba County, N.M., Silver City, N.M., Albuquerque, Algodones, N.M., Carlsbad, N.M., and Santa Fe, N.M.
During today’s proceedings, Robert Real pled guilty to Counts 1, 2, 3, 4, 6, 7, and 8 of the indictment. In entering the guilty plea, Robert Real stated that between March 12, 2016 and Feb. 24, 2017, he traveled and attended gun shows around New Mexico. He admitted that, in order to maximize his profits, he sold firearms and instructed his co-defendants to sell firearms without performing the required background check; falsified records of sale to indicate that firearms sales had occurred after a three-day standard delay period; sold firearms to convicted felons; and transferred firearms other than shotguns or rifles to persons under 21 years of age. Robert Real also admitted that in the case of a delayed sale, he instructed his co-defendant to transport firearms and unlawfully transfer it to the buyer from a motor vehicle rather than sell the firearms from the Shooter’s Outpost, his licensed business location.
During his change of plea hearing, Robert Real acknowledged that when he met with ATF Special Agents on Feb. 24, 2017, he made materially false statements to them about his firearms transactions. Specifically, Robert Real admitted disregarding “Delay” instructions from ATF during the sale of firearms at gun shows, and altering and causing his co-defendant to alter ATF forms for firearms sales.
At sentencing, Robert Real faces a maximum penalty of five years in federal prison and a maximum $250,000 fine. In his plea agreement, Robert Real admitted that he was the organizer, leader and manager of his co-defendants. A sentencing hearing has yet to be scheduled.
Linda Real and Johnson have both entered pleas of not guilty to the charges in the indictment. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the ATF and Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
Eddy County Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Stephanie Murray, 30, of Loving, N.M., pled guilty today in federal court in Las Cruces, N.M., to narcotics trafficking charges arising out of the sale of methamphetamine to an undercover law enforcement agent.
Murray and co-defendants Jimmy Myers, 24, of Lockhart, Texas, and Jesus Sanchez, 31, of Carlsbad, N.M., were charged with methamphetamine trafficking offenses in an indictment filed on Dec. 13, 2017. The three-count indictment charged Murray, Myers and Sanchez with participating in a methamphetamine trafficking conspiracy and distributing methamphetamine on April 28, 2017. It also charged Myers with distributing methamphetamine on May 18, 2017. According to the indictment, the defendants committed the crimes in Eddy County, N.M.
During today’s proceedings, Murray pled guilty to conspiracy and distributing methamphetamine. In entering the guilty plea, Murray admitted that on April 28, 2017, she provided methamphetamine to an individual who then distributed the methamphetamine to an undercover law enforcement agent.
Myers previously entered a guilty plea on May 8, 2018. At sentencing, Murray faces a maximum penalty of 20 years in federal prison, and Myers faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. They both remain in custody pending sentencing hearings, which have yet to be scheduled.
Sanchez has entered a plea of not guilty to the charges in the indictment. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Drug Dealer from Carlsbad Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jason R. Cunningham, 38, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 87 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Cunningham was arrested on Oct. 4, 2017, on an indictment charging him with distributing methamphetamine on Sept. 27, 2016, in Eddy County, N.M. Cunningham entered a guilty plea to the indictment on Dec. 7, 2017, without the benefit of a plea agreement.
According to a court filing, Cunningham was a well-known narcotics trafficker in the Carlsbad area and a self-admitted street level dealer. He reportedly played a vital role in furthering drug trafficking operations in Carlsbad by directing others in selling drugs after obtaining large quantities of methamphetamine, which he broke down into smaller amounts for further distribution.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorneys Clara N. Cobos and Renee L. Camacho.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. 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.
Las Cruces Man Sentenced to Prison for Federal Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – John Houghtaling, 58, of Las Cruces, N.M., was sentenced today in federal court to 30 months in prison for his conviction on heroin and methamphetamine trafficking charges. Houghtaling will be on supervised release for four years after completing his prison sentence.
Houghtaling was arrested on July 25, 2017, on a criminal complaint charging him with heroin and methamphetamine trafficking offenses. According to the complaint, Homeland Security Investigations (HSI) agents found approximately three ounces of heroin and three ounces of methamphetamine in Houghtaling’s vehicle during a consensual search of the vehicle on Interstate 10 in Grant County, N.M.
Houghtaling was indicted on Nov. 1, 2017, and was charged with conspiracy to distribute heroin and methamphetamine from Sept. 18, 2016 through Sept. 20, 2016, and possession of heroin and methamphetamine with intent to distribute on Sept. 20, 2016. According to the indictment, Houghtaling committed the offenses in Grant County. Houghtaling entered a guilty plea to the indictment on Dec. 5, 2017, without the benefit of a plea agreement.
This case was investigated by the Deming office of HSI and the HIDTA Region VII Drug Task Force, a multi-agency task force that conducts long term investigations targeting regional, national and international drug trafficking organizations that operate in Luna, Hidalgo and Grant counties and follow-up on cases resulting from U.S. Border Patrol and New Mexico State Police interdiction efforts.
The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. 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.
Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Las Cruces Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Bryan C. Lawson, 22, of Las Cruces, N.M., pled guilty today in federal court to a cocaine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
The Las Cruces Police Department (LCPD) arrested Lawson in March 2018, after finding approximately 274 grams of methamphetamine in Lawson’s vehicle during a routine traffic stop. According to the complaint, Lawson was on supervised release for a prior methamphetamine trafficking felony conviction at the time of his arrest.
During today’s proceedings, Lawson pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Lawson admitted that on March 18, 2018, in Dona Ana County, N.M., he possessed approximately 223.6 grams of methamphetamine inside the vehicle he was driving when he was stopped by LCPD officers. Lawson also admitted that it was his intention to distribute the drugs to others.
At sentencing, Lawson faces an enhanced penalty of a statutory mandatory minimum term of imprisonment of ten years and a maximum of life, instead of the otherwise applicable five to 40 years of imprisonment, because of his prior felony drug trafficking conviction. Lawson remains in federal custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the Las Cruces Police Department and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. 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.
Jemez Pueblo Man Sentenced to Prison for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Raymond Gachupin, 24, an enrolled member and resident of Jemez Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison for his conviction on a voluntary manslaughter charge. Gachupin will be on supervised release for three years after completing his prison sentence.
The FBI and Jemez Pueblo Tribal Police Department arrested Gachupin in July 2016, on a criminal complaint charging him with killing a Jemez Pueblo man by suffocating him on July 1, 2016, in Jemez Pueblo in Sandoval County, N.M. Gachupin subsequently was indicted on July 28, 2016, and was charged with second-degree murder.
On Jan. 19, 2018, Gachupin pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, Gachupin admitted that on July 1, 2016, he strangled the victim during a physical altercation. Gachupin further admitted that the victim became unconscious, suffered a cardiac event, and died as the result of Gachupin’s actions.
This case was investigated by the Albuquerque office of the FBI and the Jemez Pueblo Tribal Police Department. Assistant U.S. Attorneys Joseph M. Spindle and Elisa Dimas prosecuted the case.
Colorado Man Sentenced for Conviction on Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Leroy Tchod Cameron Ravenell, 28, of Colorado Springs, Colo., was sentenced this morning in federal court in Las Cruces, N.M., to 30 months in prison for his cocaine trafficking conviction. Ravenell will be on supervised release for three years after completing his prison sentence.
U.S. Border Patrol agents arrested Ravenell on Nov. 11, 2016, after finding approximately .36 kilograms (.8 pounds) of cocaine and two loaded firearms concealed in his vehicle during an inspection at the U.S. Border Patrol checkpoint near Alamogordo, N.M., in Otero County, N.M. Ravenell initially was charged in a criminal complaint. He subsequently was indicted on May 17, 2017, and was charged with possession of cocaine with intent to distribute.
On Aug. 2, 2017, a federal jury returned a guilty verdict against Ravenell on the sole count of the indictment. The testimony at trial established that on Nov. 11, 2016, Ravenell was a passenger in his vehicle when it drove into the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo. During a routine inspection of Ravenell’s vehicle, Border Patrol agents found approximately 243 grams of cocaine and two firearms in the back of the vehicle, in addition to finding a large amount of cash on Ravenell’s person. The jury also heard Ravenell’s statement to law enforcement acknowledging that he bought the cocaine in El Paso, Tex., on the morning of Nov. 11, 2016, with the intention of selling it to others.
This case was investigated by the DEA and the U.S. Border Patrol and was prosecuted by Assistant U.S. Attorneys John Balla and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.
On 500th Day of Trump Administration, Attorney General Sessions Announces 311 New Assistant United States Attorney PositionsRead the Press Release
ALBUQUERQUE – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney for the District of New Mexico John C. Anderson announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant U.S. Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
“Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements,” said Attorney General Jeff Sessions. “We have a saying in my office that a new federal prosecutor is ‘the coin of the realm.’ When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades.”
In the District of New Mexico, two of these AUSAs will focus on violent crime, and one on civil enforcement. The District of New Mexico previously was allocated six new AUSA positions to focus on prosecuting immigration crimes on May 2, 2018, when the Justice Department announced the dedication of additional resources for U.S. Attorney’s Offices along the Southwest border.
“I welcome the addition of these new AUSA positions to the District of New Mexico, and I am confident that the assignment of these prosecutors will represent a direct and immediate benefit to the United States and the people of New Mexico,” said District of New Mexico U.S. Attorney John C. Anderson. “In light of the substantial federal presence in New Mexico, the additional focus on affirmative civil enforcement will ensure that federal dollars are spent efficiently and we will improve our ability to root out waste, fraud and abuse. The violent crime positions will allow this Office more effectively to address the high rate of such offenses in New Mexico, including in our tribal communities.”
Silver City Felon Charged with Unlawfully Possessing FirearmsRead the Press Release
ALBUQUERQUE – Michael Scott Freeman, 42, of Silver City, N.M., made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with violating the federal firearms laws by unlawfully possessing firearms. The firearms at issue allegedly were stolen during a home burglary in Aug. 2017. Freeman remains in custody pending a preliminary hearing and a detention hearing both of which have yet to be scheduled.
According to the criminal complaint, the Grant County Sheriff’s Office (GCSO) responded to a home burglary in Aug. 2017, during which a number of firearms were stolen from a large gun safe. In Oct. 2017, an individual reported purchasing two firearms and additional cylinders from Freeman. The individual subsequently surrendered the firearms and cylinders to the GCSO, suspecting that the firearms and cylinders were stolen. The serial numbers and descriptions of the firearms matched the serial numbers and descriptions of two of the firearms allegedly stolen during the Aug. 2017, home burglary.
Freeman was prohibited from possessing firearms or ammunition in Aug. 2017 and Oct. 2017, because of his prior convictions for felony offenses including convictions for unlawful taking of a motor vehicle, escape, and use of a phone to terrify, intimidate or threaten.
If convicted of the crime charged in the criminal complaint, Freeman faces a maximum penalty of ten years in federal prison. Charges in criminal complaints are mere accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of the FBI and the Grant County Sheriff’s Office with assistance from the Silver City Police Department, New Mexico State Police and the 6th Judicial District Attorney’s Office. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.
Federal Grand Jury Files Superseding Indictment in Case Charging Mariah Ferry and Chase Smothermon that Adds Third Defendant and Kidnapping Resulting in Death ChargeRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has filed a superseding indictment in the federal case charging Albuquerque residents Mariah Ferry, 20, and Chase Smothermon, 30, with conspiracy and kidnapping charges. The superseding indictment adds Albuquerque resident Jose Torrez, 46, as a third defendant and charges him with the conspiracy and kidnapping offenses in the original indictment. It also adds a new kidnapping resulting in the death charge against all three defendants.
The original two-count indictment, filed on March 28, 2018, charged Ferry and Smothermon with kidnapping and conspiracy to kidnap. The kidnapping count alleged that Ferry and Smothermon kidnapped a victim identified by the initials “M.T.” on Aug. 8, 2017, in Bernalillo County, N.M. The conspiracy count alleged that on Aug. 8, 2017, Smothermon invited the victim to his residence where Ferry bound the victim’s hands and feet, and Smothermon and others physically assaulted the victim.
The three-count superseding indictment, which was returned under seal on May 29, 2018 and unsealed earlier today, charges Ferry, Smothermon and Torrez with conspiracy to kidnap, kidnapping resulting in death, and kidnapping. The conspiracy count alleges that from Aug. 6, 2017 to Aug. 9, 2017, in Bernalillo County, N.M., Ferry, Smothermon and Torrez participated in a conspiracy to kidnap victims identified by the initials “J.S.” and “M.T.” The conspiracy count alleges the kidnapping of “J.S.” resulted in his death, and includes 16 overt acts allegedly committed by the defendants in furtherance of the conspiracy.
The second count of the superseding indictment charges Ferry, Smothermon and Torrez with kidnapping resulting in the death of “J.S.” on Aug. 8, 2017, in Bernalillo County. The third count charges the three defendants with kidnapping “M.T.” on Aug. 8, 2017, in Bernalillo County.
If convicted on the conspiracy to kidnap or the kidnapping resulting in death charge, the defendants each face a statutory maximum penalty of life imprisonment or death. If convicted on the kidnapping charge, the defendants each face a statutory maximum penalty of life imprisonment.
Arraignment hearings on the superseding indictment are scheduled for Monday, June 4, 2018 as to Ferry, and Tuesday, June 5, 2018 as to Smothermon. An arraignment hearing for Torrez has yet to be scheduled.
Ferry is in federal custody based on the original indictment. Smothermon and Torrez currently are in state custody, and will be transferred to federal custody to face the charges against them.
Charges in indictments are merely accusations and defendants are presumed innocent unless and until they are found guilty in a court of law.
The Albuquerque offices of the DEA and FBI are leading the ongoing investigation into this case with assistance from the Albuquerque Police Department and the 2nd Judicial District Attorney’s Office. The Narcotics Section of the U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.
Texas Man Pleads Guilty to Federal Cocaine Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Jonathan Morales, 24, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to cocaine trafficking charges arising from the seizure of 1.72 kilograms (3.8 pounds) of cocaine at the U.S. Border Patrol Checkpoint near Las Cruces.
The U.S. Border Patrol and HSI arrested Morales in Nov. 2017, on a criminal complaint charging him with possessing 1.72 kilograms of cocaine with intent to distribute. According to the complaint, U.S. Border Patrol agents seized the cocaine from Morales and a passenger who was in his vehicle when they entered the U.S. Border Patrol Checkpoint on I-25 near Las Cruces in Dona Ana County, N.M.
Morales subsequently was indicted on Feb. 21, 2018, and was charged with conspiracy and possession of cocaine with intent to distribute on Nov. 1, 2017 in Dona Ana County. During today’s proceedings, Morales entered a guilty plea to the indictment without the benefit of a plea agreement.
At sentencing, Morales faces an enhanced penalty of a statutory mandatory minimum term of imprisonment of ten years and a maximum of life, instead of the otherwise applicable five to 40 years of imprisonment, because of his prior felony drug trafficking conviction. Morales remains in federal custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Homeland Security Investigations and the U.S. Border Patrol, and is being prosecuted by Special Assistant U.S. Attorney Joni L. Autrey and Assistant U.S. Attorney Renee L. Camacho.
Navajo Man from McKinley County Sentenced for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Clyde Peterson, 46, an enrolled member of the Navajo Nation who resides in Yahtahey, N.M., was sentenced today in federal court in Albuquerque, N.M., to 21 months of imprisonment for his conviction on a sexual abuse of a minor or ward charge. Peterson will be on supervised release for eight years after completing his prison sentence and will be required to register as a sex offender.
Peterson was arrested on April 18, 2016, on an indictment charging him with sexual abuse of a child between the age of 12 and 16 years from June 1, 2014 through Aug. 31, 2014, on the Navajo Indian Reservation in McKinley County, N.M.
On Feb. 22, 2018, Peterson pled guilty to the indictment, and admitted that between June 1, 2014 and Aug. 31, 2014, he engaged in sexual intercourse with the victim who was between the age of 12 and 16 years.
This case was investigated by the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was driven largely by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mescalero Apache Man Pleads Guilty to Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Ellis Arkie Sago, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to assaulting a federal officer.
The BIA arrested Sago on Feb. 2018, on a criminal complaint charging him with assaulting a federal officer. According to the criminal complaint, Sago was arrested on tribal charges after he assaulted a BIA officer. Sago committed the assault on the Mescalero Apache Indian Reservation in Otero County, N.M., on Sept. 9, 2017, by kicking the officer in the legs while the officer was arresting Sago.
Sago subsequently was indicted on April 18, 2018, and was charged with assaulting a federal officer in Otero County on Sept. 9, 2017.
During today’s proceedings, Sago pled guilty to the indictment and admitted that on Sept. 9, 2017, he assaulted a BIA officer by kicking the officer in the legs. At sentencing, Sago faces a maximum penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.