District of New Mexico
Press releases recorded for this federal judicial district.
Bloomfield Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Season Smith, 41, of Bloomfield, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
Smith and co-defendant Jeffrey Kline, 45, of Farmington, N.M., were charged on in a two-count indictment filed on April 11, 2017, with conspiracy and possession of methamphetamine with intent to distribute. The indictment alleged that the defendants committed the offenses on Feb. 10, 2017, in San Juan County, N.M.
During today’s proceedings, Smith pled guilty to possessing methamphetamine with intent to distribute. In entering the guilty plea, Smith admitted that on Feb. 10, 2017, law enforcement officers stopped Kline and her while they were traveling from Arizona to New Mexico after they picked up methamphetamine from a source of supply. Smith further admitted that the officers seized approximately 511.7 grams of methamphetamine, 13.6 grams of heroin and drug paraphernalia when they executed a lawful search of her purse.
At sentencing, Smith faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. Her sentencing hearing has yet to be scheduled.
Kline previously pled guilty on July 26, 2017, to possession of methamphetamine with the intent to distribute, and was sentenced on April 9, 2018, to 120 months in prison followed by six years of supervised release.
The case was investigated by the Farmington office of the FBI and the Farmington Police Department. Assistant U.S. Attorney Eva Fontanez is prosecuting 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 for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
Navajo Woman from Navajo, N.M., Sentenced to Ten Years for Federal Assault and Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Elmira Curley, 22, an enrolled member of the Navajo Nation who resides in Navajo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 120 months in prison for her conviction on assault and child abuse charges. Curley will be on supervised release for five years after completing her prison sentence.
The FBI and Navajo Nation Division of Public Safety arrested Curley on July 6, 2016, on an indictment charging her with abusing a child resulting in great bodily harm. The indictment alleged that Curley committed the crime on the Navajo Indian Reservation in McKinley County, N.M., on March 14, 2016.
On Feb. 13, 2018, Curley pled guilty to a two-count felony information charging her with assault resulting in serious bodily harm and child abuse. In her plea agreement, Curley admitted that on March 14, 2016, she committed the crimes of assault and child abuse in Navajo, N.M., which is on the Navajo Indian Reservation. Curley admitted committing these crimes by putting the legs and feet of a nine-month-old infant into a bathtub of scalding hot water and causing the infant to sustain severe burns. Curley acknowledged that the infant-victim was hospitalized for several weeks for medical treatment and received skin grafts to repair some of the second- and third-degree burns she sustained as the result of the assault and abuse.
The Gallup, N.M., and Phoenix, Ariz., offices of the FBI and the Window Rock, Ariz., office of the Navajo Nation Division of Public Safety investigated this case, which was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
Federal Jury Convicts Five Syndicato de Nuevo Mexico Prison Gang Members on Racketeering ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a verdict today finding five defendants guilty of participating in a violent racketeering enterprise known as the Syndicato de Nuevo Mexico (SNM) Prison Gang following a seven-week jury trial before U.S. District Judge James O. Browning. Joe Lawrence Gallegos, 48, of Los Lunas, N.M., Edward Troup, 46, of Albuquerque, N.M., Billy Garcia, 63, of Albuquerque, N.M., Arturo Arnulfo Garcia, 38, of Denver, Colo., and Andrew Gallegos, 50, of Los Lunas, N.M. Two defendants, Allen Patterson, 47, of Silver City, N.M., Christopher Chavez, 42, of Albuquerque, N.M., were acquitted of the charges against them.
The seven defendants and 23 co-defendants were charged with racketeering offenses in a 15-count superseding indictment filed in April 2016. Three of the 23 co-defendants were convicted and a fourth was acquitted on racketeering charges on March 12, 2018, during an earlier federal trial, and 17 others have entered guilty pleas. The remaining co-defendant is a fugitive. A subsequent second superseding indictment added a witness tampering charge against certain defendants.
On April 9, 2018, trial commenced against Joe Lawrence Gallegos, Edward Troup, Billy Garcia, Allen Patterson, Christopher Chavez, Arturo Arnulfo Garcia, and Andrew Gallegos on the superseding indictment, which charged the seven defendants with committing the following offenses for the purpose of gaining entrance into and maintaining and increasing their stature within the SNM prison gang:
- Count 1 – Joe Lawrence Gallegos, Edward Troup and Billy Garcia with murdering a person identified as F.C. on March 26, 2001, in Dona Ana County;
- Count 2 – Christopher Chavez, Allen Patterson and Billy Garcia with murdering a person identified as R.G on March 26, 2001, in Dona Ana County;
- Count 3 – Edward Troup, Arturo Arnulfo Garcia with murdering a person identified as F.S. on June 17, 2007, in Dona Ana County;
- Count 4 – Joe Lawrence Gallegos and Andrew Gallegos with conspiring to murder a person identified as A.B. on Nov. 12, 2012, in Socorro and Valencia Counties;
- Count 5 – Joe Lawrence Gallegos and Andrew Gallegos with murdering a person identified as A.B. on Nov. 12, 2012, in Socorro and Valencia Counties;
- Count 13 – Joe Lawrence Gallegos with assaulting with a dangerous weapon a person identified as J.G. on March 17, 2015, in Valencia County;
- Count 14 – Joe Lawrence Gallegos with conspiring to murder a person identified as J.G. between Feb. 1, 2016 and Feb. 27, 2016, in Otero and Valencia Counties; and
- Count 15 – Joe Lawrence Gallegos with attempting to murder and with assaulting with a dangerous weapon and causing serious bodily injury a person identified as J.G. on Feb. 27, 2016, in Valencia County.
- Count 16 – Joe Lawrence Gallegos with witness tampering.
The trial concluded this afternoon when the jury returned a verdict finding Edward Troup, Billy Garcia, Arturo Arnulfo Garcia and Andrew Gallegos guilty on the charges against them. The jury found Joe Lawrence Gallegos guilty on Counts 1, 4 and 5, and acquitted him on Counts 13, 14, 15 and 16. The jury acquitted Allen Patterson and Christopher Chavez on the charges against them.
At sentencing, Joe Lawrence Gallegos, Edward Troup, Billy Garcia, Arturo Arnulfo Garcia and Andrew Gallegos each face a statutory maximum penalty of life imprisonment. The defendants will remain in custody pending their sentencing hearings, which have yet to be scheduled.
This case was investigated by Albuquerque Division of the FBI and the New Mexico Corrections Department, with assistance from the New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correctional Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI Divisions. Assistant U.S. Attorneys of the U.S. Attorney’s Office for the District of New Mexico are prosecuting the case.
Catron County Man Sentenced for Federal Misdemeanor Wildlife Violation Arising Out of Killing of Mexican Gray WolfRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson and Acting Special Agent in Charge Phillip Land of the U.S. Department of the Interior, Fish and Wildlife Service, Office of Law Enforcement of the Southwest Region, announced that Craig Thiessen pleaded guilty yesterday to a federal misdemeanor wildlife violation arising out of the taking of a Mexican gray wolf. Immediately after entering the guilty plea, Thiessen was sentenced to a one-year term of probation and was ordered to pay $2,300 in restitution to the Mexican Wolf Recovery Program.
In announcing the guilty plea and sentence, U.S. Attorney John C. Anderson said, “Mexican wolves were listed as an endangered species in 1976, prompting recovery efforts to save the species from extinction. The Justice Department is committed to working with the U.S. Fish and Wildlife Service and our other law enforcement partners to protect the Mexican gray wolf and other vulnerable species so they remain on our planet for future generations.”
“The U.S. Fish and Wildlife Service works closely with our partners to protect imperiled species both at home and abroad,” said Acting Special Agent in Charge Phillip Land of the U.S. Department of Interior, Fish and Wildlife Service, Office of Law Enforcement of the Southwest Region. “This defendant knowingly took a Mexican gray wolf, the rarest subspecies of gray wolf in North America. The defendant's guilty plea should serve as a deterrent to those who choose to knowingly harass and take wildlife unlawfully. We will continue to work with the Department of Justice and others to bring these offenders to justice.”
During yesterday’s proceedings, Thiessen, 46, of Catron County, N.M., entered a guilty plea to an information charging him with the taking of threatened wildlife. In entering the guilty plea, Thiessen admitted that in Feb. 2015, in Catron County, N.M., he intentionally captured a Mexican gray wolf in a trap on his grazing allotment in the Gila National Forest and hit the wolf with a shovel. Thiessen admitted knowing that the animal was a Mexican gray wolf because it bore a tracking collar, which is affixed to all Mexican gray wolves in the area.
This case was investigated by the U.S. Department of the Interior, Fish and Wildlife Service, Office of Law Enforcement of the Southwest Region, and is being prosecuted by Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Felon Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Dakota Cook, 26, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of a firearm and ammunition.
Cook was indicted on June 28, 2017, and was charged with two counts of being a felon in possession of a firearm and ammunition, and one count of possessing an unregistered firearm. According to the indictment, Cook committed the offenses on June 24, 2016, in Valencia County, N.M. Cook was prohibited from possessing firearms or ammunition because of his prior felony convictions for receiving or transferring a stolen vehicle and aggravated assault on a peace officer.
During today’s proceedings, Cook pled guilty to one count of being a felon in possession of a firearm and ammunition. In entering the guilty plea, Cook admitted possessing a firearm on June 24, 2016, and that a ballistics test connected the firearm to another pending case against him. Cook acknowledged that he was prohibited from possessing firearms or ammunition because of his prior felony convictions.
At sentencing, Cook faces a maximum statutory penalty of ten years of imprisonment. However, if the court determines that Cook is an armed career criminal, he faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment.
This case was investigated by the Albuquerque office of the FBI, the New Mexico State Police and the Los Lunas Police Department. Assistant U.S. Attorney Letitia C. Simms is prosecuting 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.
Non-Indian Man from Albuquerque Sentenced for Assaulting Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Daniel A. Mendoza, 21, a non-Indian man from Albuquerque, N.M., was sentenced today in federal court to 33 months in prison for assaulting a federally commissioned tribal police officer. Mendoza will be on supervised release for two years after completing his prison sentence.
The BIA arrested Mendoza on Nov. 22, 2016, for assaulting a federal officer based on his assault of an officer of the Pueblo of Isleta Tribal Police Department, who was commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. According to the complaint, Mendoza assaulted the officer by running his vehicle into the officer’s vehicle while attempting to evade arrest. Mendoza committed the offense on Sept. 22, 2016, on the Isleta Pueblo in Bernalillo County, N.M.
Mendoza subsequently was indicted on Dec. 20, 2016, and was charged with assaulting a federal officer with a deadly and dangerous weapon, a vehicle, on Sept. 22, 2016, in Bernalillo County.
On Dec. 13, 2017, Mendoza pled guilty to the indictment and admitted that on Sept. 22, 2016, in order to avoid arrest, he backed his truck into an Isleta Pueblo Police patrol vehicle that was being operated by an Isleta Pueblo Police Sergeant who was commissioned as a Special Law Enforcement Officer by the BIA. Mendoza admitted intentionally driving his truck forward and reversing a second time at a high rate of speed into the Isleta Pueblo Police Sergeant’s patrol vehicle.
This case was investigated by the Pueblo of Isleta Tribal Police Department and the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Navajo Man from Breadsprings, N.M., Sentenced to 15 Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Brian Lee, 31, an enrolled member of the Navajo Nation who resides in Breadsprings, N.M., was sentenced today in federal court in Albuquerque, N.M., to 15 years in prison for his conviction on child sexual abuse charges. Lee will be on supervised release for ten years after completing his prison sentence. He also will be required to register as a sex offender.
Lee was arrested on July 13, 2017, on a two-count indictment charging him with sexually abusing a child under the age of 12 on two separate occasions between July 2012 and July 2016, on the Navajo Indian Reservation in McKinley County, N.M.
On Sept. 18, 2017, Lee pled guilty to a two-count felony information charging him with aggravated sexual abuse and sexual abuse. In entering the guilty plea, Lee admitted that between July 2012 and July 2016, he engaged in sexual acts with the victim on two separate and distinct occasions at his home in Breadsprings on the Navajo Indian Reservation.
This case was investigated by the Gallup office of the FBI. Assistant U.S. Attorney Kyle T. Nayback prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Federal Jury Convicts Cibola County Woman on Armed Robbery, Firearms, and Witness Tampering Charges Arising out of Robbery of Route 66 Casino Xpress in Laguna PuebloRead the Press Release
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict today finding Sara Ruiz guilty of armed robbery, firearms, and witness tampering charges arising out of the robbery of the Route 66 Casino Xpress, located in Laguna Pueblo, N.M., on Dec. 13, 2015.
Ruiz, 41, of Grants, N.M., and her co-defendants, Lorenzo Chavez, 26, and James Montano, Jr., 24, both of Cubero, N.M., were indicted on June 30, 2016. The indictment charged the three with conspiracy to violate the Hobbs Act, violating the Hobbs Act by robbing the Route 66 Casino Xpress, a gas station/convenience store and casino in Laguna Pueblo, at gunpoint; and brandishing a firearm during a crime of violence. The indictment alleged that the defendants committed the crimes on Dec. 13, 2015, in Bernalillo County, N.M. The indictment was superseded on June 13, 2017, after Ruiz’s co-defendants entered guilty pleas, and charged Ruiz with three additional counts of witness tampering.
Trial on the superseding indictment commenced on May 21, 2018, and concluded today when the jury returned a guilty verdict against Ruiz on all six counts of the superseding indictment.
Evidence at trial established that on Dec. 13, 2015, Ruiz and her co-defendants robbed the Route 66 Casino Xpress located in Laguna Pueblo. Jurors viewed surveillance footage showing Ruiz using her casino rewards card to purchase gas in the gas station area of the Route 66 Casino Xpress while the two men who later robbed the Route 66 Casino Xpress at gunpoint were in her vehicle shortly before the robbery. The jury also viewed surveillance video showing Ruiz’s vehicle as it drove around the back of the casino, and dropped off two men who exited the vehicle and entered the casino approximately a minute before the armed robbery took place.
Testimony during the trial established that in Feb. 2016, March 2016, Dec. 2016 and Feb. 2017, Ruiz attempted to tamper with and intimidate witnesses whom she expected to testify against her at trial. According to evidence presented at trial, Ruiz had numerous conversations with several witnesses during which she directed them to lie about her involvement and their knowledge of the armed robbery. Ruiz also threatened to physically hurt the witnesses if they mentioned her involvement in the armed robbery, at one point claiming she would cut the tongue out of a witness’ mouth because that’s what “she does to rats.”
At sentencing, Ruiz faces a maximum penalty of twenty years in federal prison on the Hobbs Act and witness tampering counts, and a mandatory minimum penalty of seven years in federal prison to be served consecutive to any other sentence imposed for using a firearm during and in relation to a crime of violence.
On Feb. 23, 2017, Chavez and Montano each pled guilty to Count 2 of the indictment, charging them with violating the Hobbs Act by robbing the Route 66 Casino Xpress at gunpoint on Dec. 13, 2015. Chavez also pled guilty to Count 3 of the indictment, charging him with brandishing a firearm during that robbery.
In addition to his guilty plea to the two charges in the case involving the Route 66 Casino Xpress, Chavez also entered a guilty plea to a Hobbs Act and methamphetamine trafficking charges in a separate case. In that case, Chavez was charged in a four-count indictment filed on Feb. 24, 2016. That indictment charged Chavez with possessing distribution quantities of methamphetamine on Dec. 19, 2015, and carrying a firearm in furtherance of a drug trafficking crime. It also charged Chavez with robbing an Allsups convenience store in southwest Albuquerque on Dec. 29, 2015, and with brandishing a firearm during that robbery. On Feb. 23, 2017, Chavez also pled guilty to possessing almost 61 gross grams of methamphetamine on Dec. 19, 2015, which he intended to distribute to others. He also pled guilty to robbing an Allsup’s convenience store at gunpoint on Dec. 29, 2015.
Under the terms of his plea agreement, Chavez will be sentenced within the range of 120 to 180 months in prison. Montano faces a statutory maximum sentence of 20 years in prison.
Ruiz, Chavez and Montano remain in custody pending their sentencing hearings, which have not yet been scheduled.
The case against Chavez, Montano and Ruiz, which arises from the armed robbery of the Route 66 Casino Xpress, was investigated by the Albuquerque office of the FBI and the Pueblo of Laguna Police Department, and is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Kristopher N. Houghton.
The case arising from the armed robbery of the Allsups convenience store and methamphetamine trafficking was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Letitia Carroll Sims.
Deming Man Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Andy Garcia, Jr., 45, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M. to 120 months in prison for his conviction on a methamphetamine trafficking charge. Garcia will be on supervised release for five years after completing his prison sentence.
Andy Garcia was charged together with co-defendants Leslie Frank Williams, 53, and Domingo Rodriguez, 47, both of Deming, Oscar Garcia, 47, a Mexican national illegally in the United States, and Estella Aguilar, 46, of Tucson, Ariz., in a nine-count indictment filed on April 21, 2016. The indictment charged the defendants with conspiring to distribute methamphetamine from July 2015 through April 2016. The indictment also charged Williams with distributing methamphetamine on four occasions between Jan 2015 and Sept. 2015; Williams and Rodriguez with distributing methamphetamine in Nov. 2015; and Rodriguez, Oscar Garcia and Andy Garcia with possessing methamphetamine with intent to distribute in Jan. 2016. The indictment also charged Rodriguez, Oscar Garcia and Aguilar with conspiring to commit money laundering offenses in Feb. 10, 2016; and Aguilar with money laundering on Feb. 10, 2016. The indictment charged the defendants with committing the crimes in Luna County, N.M., and included forfeiture allegations requiring the defendants to forfeit $1,000,000 to the United States.
On Oct. 4, 2016, Andy Garcia pled guilty to a felony information charging him with conspiracy to distribute methamphetamine. In entering the guilty plea, Andy Garcia admitted that on Jan. 4, 2016, he traveled by bus from Deming to California to pick up two pounds of methamphetamine. Andy Garcia further admitted that on Jan. 6, 2016, law enforcement agents seized his bag, which contained the methamphetamine, while he was on the bus returning to Deming.
Andy Garcia’s four co-defendants previously have entered guilty pleas and two have been sentenced. Oscar Garcia pled guilty on Oct. 7, 2016, and was sentenced on April 10, 2018 to 15 years in prison; he will be deported following his prison sentence. Aguilar pled guilty on Nov. 3, 2016, and was sentenced on April 13, 2017, to time served followed by one year of supervised release. Rodriguez pled guilty on Sept. 13, 2016, and Williams pled guilty on Sept. 20, 2016. Sentencing hearings for Rodriguez and Williams have yet to be scheduled.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Luna County Sheriff’s Office. Assistant U.S. Attorneys Mark A. Saltman and Dustin C. Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Deming Man Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Christopher H. Meza, 35, of Deming, N.M., made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with distributing and possessing child pornography. Meza remains in federal custody pending a preliminary hearing and a detention hearing, which have yet to be scheduled.
According to the criminal complaint, the investigation leading to Meza’s arrest was initiated in March 2018, after an FBI agent who was working in an undercover capacity in Oklahoma, signed into a publicly available peer-to-peer file-sharing network that was being used by individuals who were sharing child pornography images and videos. The agent learned that an IP Address and email address subscribed to Meza allegedly were being used to share child pornography.
On May 3, 2018, the FBI executed a search warrant at Meza’s residence. While executing the search warrant, FBI agents seized a computer that allegedly contained more than a dozen video files and more than a hundred image files of child pornography.
If convicted of offenses charged in the criminal complaint, Meza faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in prison on the distribution of child pornography charge and a statutory maximum penalty of ten years in prison on the possession of child pornography charge. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Las Cruces office of the FBI with assistance from Homeland Security Investigations and the Deming Police Department. Assistant U.S. Attorney Marisa A. Ong 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.
Carlsbad Felon Sentenced to 105 Months for Conviction on Federal Firearms and Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Timothy G. Tanner, 28, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 105 months in prison for his conviction on federal firearms and drug trafficking charges. Tanner will be on supervised release for five years after completing his prison sentence.
Tanner was arrested on Oct. 10, 2017, on a three-count indictment charging him with being a felon in possession of a firearm and possessing a firearm with an obliterated serial number on June 2, 2016, and for possessing methamphetamine with intent to distribute on Aug. 4, 2016. According to the indictment, Tanner committed the crimes in Eddy County, N.M. Tanner was prohibited from possessing firearms and ammunition because of his prior felony convictions for drug trafficking and tampering with evidence.
On Jan. 31, 2018, Tanner pled guilty to the indictment and admitted that on June 2, 2016, he sold a firearm with an obliterated serial number to an undercover law enforcement agent. Tanner acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. In entering his guilty plea, Tanner also admitted that on Aug. 4, 2016, he possessed approximately 48.92 grams of pure methamphetamine when he arrested on an outstanding arrest warrant. Tanner admitted that he intended to distribute the drugs to others.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pecos Valley Drug Task Force, and the DEA office in Las Cruces. Assistant U.S. Attorneys Clara Cobos and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
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.
Two Mexican Nationals Facing Federal Drug Charges Based on Significant Cocaine Seizures in New MexicoRead the Press Release
ALBUQUERQUE – Two Mexican Nationals who were arrested last week in connection with seizures of large quantities of cocaine made their initial appearances yesterday in federal court in Las Cruces, N.M. Miguel Angel Nava-Dominguez, 32, is facing cocaine trafficking offenses arising out of the seizure of more than 12 pounds of cocaine at a U.S. Border Patrol checkpoint in southern New Mexico on May 17, 2018. Fidelmar Chavez-Quezada, 52, is charged with cocaine trafficking offenses arising out of the seizure of more than 21 pounds of cocaine during a traffic stop on Interstate 10 near Lordsburg, N.M., on May 19, 2018. Both men remain in federal custody pending preliminary hearings and detention hearings, which are currently scheduled for May 24, 2018.
U.S. Border Patrol agents arrested Nava-Dominguez on May 17, 2018, after seizing approximately 5.805 kilograms (12.8 pounds) of cocaine allegedly concealed in Nava-Dominguez’s vehicle. According to the criminal complaint, the agents allegedly found the cocaine in Nava-Dominguez’s vehicle during an inspection at the U.S. Border Patrol checkpoint located on Interstate 25 near mile marker 26 in Dona Ana County, N.M.
An officer of the Lordsburg Police Department executed a traffic stop on Chavez-Quezada’s vehicle while patrolling Interstate 10 near Lordsburg on May 19, 2018. According to the criminal complaint, the officer requested and allegedly obtained Chavez-Quezada’s consent to search the vehicle. During his search of the vehicle, the officer allegedly found nine bundles, which the officer believed to contain controlled substances and led the officer to place Chavez-Quezada under arrest. The nine bundles allegedly contained approximately 9.77 kilograms (21.55 pounds) of cocaine.
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 case against Nava-Dominguez was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Selesia Winston.
The case against Chavez-Quezada was investigated by Homeland Security Investigations, the Lordsburg Police Department, 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, and is being prosecuted by Assistant U.S. Attorney Mark Saltman.
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 Sentenced to Prison for Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Zachary Wilson, 28, an enrolled member of the Navajo Nation who resides in Dulce, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 36 months in prison followed by five years of supervised release for his conviction on sexual abuse charges. Wilson also will be required to register as a sex offender.
Wilson was arrested on May 1, 2017, on a two-count indictment charging him with sexual abuse and abusive sexual contact on July 30, 2016, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
On Jan. 9, 2018, Wilson pled guilty to two counts of abusive sexual contact. In entering the guilty plea, Wilson admitted that on July 30, 2016, he engaged in two acts of sexual contact with a Jicarilla Apache female who had not reached the age of majority. Wilson also admitted providing alcohol to the minor victim who became so intoxicated that she was incapable of declining to participate in or communicate the unwillingness to engage in a sexual act.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney Elisa Dimas 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.
Felon from Laguna Pueblo Sentenced to Prison for Unlawfully Possessing FirearmRead the Press Release
ALBUQUERQUE – Michael Shane Riley, 45, an enrolled member and resident of Laguna Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for violating the federal firearms laws by unlawfully possessing a firearm. Riley will be on supervised release for three years after completing his prison sentence.
Riley was arrested on Jan. 23, 2017, on an indictment charging him with being a felon in possession of a firearm on May 30, 2016, in Cibola County, N.M. According to the indictment, Riley was prohibited from possessing firearms or ammunition because he previously had been convicted of assault and battery with a dangerous weapon.
On Oct. 27, 2017, Riley pled guilty to the indictment and admitted that on May 30, 2016, he possessed a firearm while on the Pueblo of Laguna in Cibola County. Riley acknowledged that he was prohibited from possessing a firearm because he previously had been convicted of assault and battery with a dangerous weapon in 2002.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services, the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Laguna Pueblo Tribal Police Department. Assistant U.S. Attorney Novaline D. Wilson prosecuted the case.
Supervisory U.S. Border Patrol Agent Arrested on Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Jason Christopher Davis, 45, of Las Cruces, N.M., made his initial appearance today in federal court on a criminal complaint charging him with receipt of material containing or constituting child pornography. Davis, who is employed as a Supervisory U.S. Border Patrol Agent, remains in federal custody pending a preliminary hearing and a detention hearing, which are scheduled for May 23, 2018.
The criminal complaint alleges that Davis received child pornography in April 2018, in Dona Ana County, N.M. According to the complaint, the Las Cruces Police Department executed a search warrant on an email account subscribed to Davis that allegedly was used to upload a video file containing child pornography. The complaint further alleges that on May 15, 2018, Homeland Security Investigations and the Las Cruces Police Department seized numerous items including digital media while executing a state search warrant at Davis’ residence.
The statutory penalty for a conviction on a receipt of child pornography charge is a statutory mandatory minimum penalty of five years and 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 case was investigated by the Las Cruces office of HSI, the Office of Inspector General of the U.S. Department of Homeland Security, and the Las Cruces Police Department with assistance from the Office of Professional Responsibility of the U.S. Customs and Border Protection, the Management Inquiry Team of the U.S. Border Patrol, the FBI, and the New Mexico Attorney General’s Office.
Assistant U.S. Attorney Marisa A. Ong 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.
Davis Complaint
Arizona Man Pleads Guilty to Federal Drug Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Scott Richard Lange, 55, of Phoenix, Ariz., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Officers of the Las Cruces Police Department arrested Lange and co-defendant Amy R. Bailey, 42, also of Phoenix, Ariz., in Sept. 2017, on methamphetamine trafficking offenses. According to the criminal complaint, the officers executed the arrests after finding approximately 1,885.5 grams (4.16 pounds) of methamphetamine in a vehicle driven by Lange during a routine traffic stop.
Lange and Bailey subsequently were indicted on Dec. 13, 2017, and were charged with conspiracy and possession of methamphetamine with intent to distribute. The indictment alleged that Lange and Bailey committed the crimes on Sept. 11, 2017, in Dona Ana County, N.M.
During today’s proceedings, Lange pled guilty to the two-count indictment and admitted that on Sept. 11, 2017, he agreed to deliver approximately four pounds methamphetamine to individuals in Las Cruces in exchange for payment. At sentencing, Lange faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
Bailey has entered a plea of not guilty and is currently scheduled for trial in June 2018. 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 Las Cruces office of the FBI, the Las Cruces Police Department, and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. Special Assistant U.S. Attorney Joni L. Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
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.
Albuquerque Man Pleads Guilty to Federal Prescription Drug Trafficking ChargeRead the Press Release
ALBUQUERQUE – Stetson Holliday, 23, of Albuquerque, N.M., pled guilty today in federal court to a prescription drug trafficking charge.
The DEA arrested Holliday on Jan. 16, 2018, on a criminal complaint charging him with distributing prescription drugs. According to the criminal complaint, Holliday distributed approximately ten Xanax (Alprazolam) tablets to an undercover DEA Special Agent on Nov. 30, 2016.
Holliday was indicted on Feb. 14, 2018, and was charged with distributing a Schedule IV controlled substance, alprazolam, on Nov. 30, 2016, in Bernalillo County, N.M. During today’s proceedings, Holliday pled guilty to the indictment without the benefit of a plea agreement.
At sentencing, Holliday faces a maximum penalty of five years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Peter J. Eicker 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.
Texas Man Pleads Guilty to Federal Production of Child Pornography Charges in New MexicoRead the Press Release
ALBUQUERQUE – Luis Fernando Moreno, 38, of El Paso, Texas pled guilty today in federal court in Las Cruces, N.M., to three production of child pornography charges. At sentencing, Moreno faces a statutory mandatory minimum of 15 years and a maximum of 30 years of imprisonment as to each charge. Moreno will be required to register as a sex offender when he complete his prison sentence.
Homeland Security Investigations (HSI) charged Moreno by criminal complaint filed on Jan. 11, 2018, with producing and possessing child pornography in May 2013, in Dona Ana County, N.M. According to the complaint, the Sunland Park Police Department initiated an investigation into Moreno after responding to a sexual assault allegation by a 16-year-old. The minor victim alleged that Moreno video-recorded the victim with his cellular phone while the victim was showering. The complaint alleged that images and videos of child pornography created by Moreno and depicting another minor victim were found on Moreno’s cellular phone and laptop computers.
During today’s proceedings, Moreno pled guilty to a felony information charging him with three counts of producing visual depictions of a minor engaged in sexually explicit conduct. In entering the guilty plea, Moreno admitted that on March 31, 2013, he used a cellular phone to produce a video and an image of child pornography. Moreno also admitted using a cellular phone to produce a video that included child pornography on May 10, 2013,
Moreno has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of HSI, the Sunland Park Police Department and the Las Cruces Police Department with assistance from the U.S. Marshals Service. Assistant U.S. Attorney Marisa A. Ong 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.
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.
Navajo Man from McKinley County Sentenced to Prison for Federal Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Roland Skeets, 27, an enrolled member of the Navajo Nation who resides in Smith Lake, N.M., was sentenced today in federal court in Santa Fe, N.M., to 21 months in prison for his conviction on child abuse charges. Skeets will be on supervised release for three years after completing his prison sentence.
Skeets was arrested in Aug. 2017, on an indictment charging him with child abuse resulting in great bodily injury and child abuse. According to the indictment, the crimes took place on March 25, 2016, on the Navajo Indian Reservation in McKinley County, N.M.
On Dec. 6, 2017, Skeets pled guilty to an information charging him with assault resulting in substantial bodily injury. In entering the guilty plea, Skeets admitted that on March 25, 2016, he assaulted a four-year-old child by pushing the child to the ground and yanking him back up by the arm, which fractured the child’s clavicle. Skeets was intoxicated when he assaulted the child.
After assaulting the child, Skeets continued yelling, causing his girlfriend to flee with the injured child and other children to a neighbor’s house in order to call police.
This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.
Miranda Gilbert Pleads Guilty to Unlawfully Possessing Firearm and Ammunition, and Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Miranda Gilbert, 31, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully possessing a firearm and ammunition and assaulting a federal officer. The guilty plea was announced 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 Michael Geier of the Albuquerque Police Department (APD).
U.S. Attorney John C. Anderson said that Gilbert, whose criminal history includes ten prior felony convictions, 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 for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.
“Today’s proceedings are a reminder that we will never stop working to obtain justice. ATF is committed to aggressively investigating and charging armed, violent criminals in the community. The actions, every day, by the U.S. Marshals and our other law enforcement partners to apprehend wanted, violent fugitives is as necessary as it is dangerous,” said Special Agent in Charge John J. Durastanti of the ATF Phoenix Field Division. “When our law enforcement partners come up against these violent criminals and are assaulted, they can rest assured that ATF will fully investigate the firearms violations surrounding the incident.”
“It is imperative that we use the full weight of the law to prosecute dangerous, career criminals who are willing to violate federal firearm laws and assault law enforcement officers,” APD Chief Michael Geier said. “Offenders who have no regard for law enforcement are more of a threat to civilians and a risk to public safety.”
Gilbert was charged in Oct. 2017, in a criminal complaint with being a felon in possession of a firearm and ammunition on Aug. 20, 2017. According to the criminal complaint, APD officers responded to a call reporting shots fired at a residence in northeast Albuquerque. APD officers learned that when the homeowners arrived at their home, they observed Gilbert parked in a vehicle in their driveway and attempted to block her in the driveway. The homeowners reported that Gilbert responded by pulling a handgun out of her purse, threatening them, and then firing shots close to where one of the homeowners was standing before leaving the area. Gilbert was arrested the next day after attempting to flee from police and ultimately causing an accident.
Gilbert was indicted on Nov. 1, 2017. The three-count indictment charged Gilbert with being a felon in possession of a firearm and ammunition in in Bernalillo County, N.M., on Aug. 20, 2017, and in Guadalupe County, N.M., on Aug. 21, 2017, and with assaulting a federal officer in Guadalupe County on Aug. 21, 2017. According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses.
During today’s change of plea hearing, Gilbert pled guilty to the indictment without the benefit of a plea agreement.
During its presentation at today’s hearing, the United States proffered a summary of the evidence that it would have been introduced had the case proceeded to trial. That evidence would have included the firearm, a 9 mm caliber pistol, Gilbert possessed, brandished, and discharged in Bernalillo County on Aug. 20, 2017, and also possessed in Guadalupe County on Aug. 21, 2017. The evidence also would have established that on Aug. 21, 2017, in Guadalupe County, Gilbert forcibly assaulted a Supervisory Deputy U.S. Marshal, whom she knew to be engaged in the performance of his official duty based upon her own post-arrest statements made to law enforcement authorities. As Gilbert fled from law enforcement authorities, in an attempt to avoid apprehension, Gilbert used a vehicle as a dangerous weapon and struck the Supervisory Deputy U.S. Marshal, who was inside his vehicle and was required to take evasive action.
The United States’ proffer of evidence also included Gilbert’s ten prior felony convictions:
- residential burglary;
- conspiracy to commit residential burglary;
- trafficking controlled substances (possession with intent to distribute) (heroin);
- receiving or transferring a stolen motor vehicle (possession);
- conspiracy to commit receiving or transferring a stolen motor vehicle (possession);
- receiving or transferring stolen property (over $500 but not more than $2,500);
- escape from a community custody release program;
- possession of a controlled substance (methamphetamine);
- conspiracy to commit possession of a controlled substance (methamphetamine); and
- felon in possession of a firearm.
At sentencing, Gilbert faces a maximum statutory penalty of ten years of imprisonment on each of the two felon in possession of firearms charges. However, if the court determines that Gilbert is an armed career criminal, she faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment on the firearms charges. Gilbert also faces a statutory maximum penalty of 20 years of imprisonment on the assault on a federal officer charge.
Gilbert remains in custody pending a sentencing hearing, which has yet to be scheduled.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD investigated the case with assistance from the U.S. Marshals Service, New Mexico State Police, and the New Mexico Adult Probation and Parole Division of the New Mexico Corrections Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
Roswell Felon Pleads Guilty to Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Shane Mann, 30, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by being a felon in possession of a firearm and ammunition.
The Bureau of Alcohol, Tobacco, Firearms and Explosive arrested Mann in Feb. 2018, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Aug. 9, 2017, in Chaves County, N.M. According to the complaint, law enforcement officers found multiple firearms and ammunition, and drug paraphernalia in Mann’s residence while executing a state search warrant. Mann was prohibited from possessing firearms or ammunition because of his prior felony convictions for shooting from a motor vehicle, aggravated fleeing a law enforcement officer, and possession of a controlled substance.
During today’s proceedings, Mann pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Mann admitted that on Aug. 9, 2017, law enforcement officers found firearms and ammunition in his residence, including a loaded handgun that was under a pillow in the bed in which Mann was laying, during the execution of the warrant. Mann acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Mann faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roswell Police Department and the HIDTA Chaves County Metro Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office.
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.
Kewa Pueblo Man Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Jose Tenorio, 50, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to child sexual abuse charges. Tenorio’s plea agreement recommends a sentence within the range of 57 to 97 month in prison followed by a term of supervised release to be determined by the court. Tenorio will also be required to register as a sex offender.
Tenorio was arrested on March 21, 2017, on a seven-count indictment alleging kidnapping and abusive sexual contact charges. The indictment charged Tenorio with kidnapping the first victim, a child under the age of 18 on May 18, 2016; engaging in abusive sexual contact with the first victim, a child under the age of 12, two separate times between Jan. 1, 2015 and Jan 31, 2015, and three separate times on May 18, 2016. It also charged Tenorio with engaging in abusive sexual contact with the second victim, a child between the age of 12 and 16, two separate times between Aug. 23, 2006 and Aug. 22, 2017. According to the indictment, Tenorio committed the crimes on Kewa Pueblo in Sandoval County, N.M.
During today’s proceedings, Tenorio pled guilty to two counts of abusive sexual contact. In entering the guilty plea, Tenorio admitted that on May 18, 2016, he engaged in sexual contact with the first victim, who was under the age of 12. Tenorio also admitted engaging in sexual contact with the second victim, a 13-year-old child between Aug. 23, 2006 and Aug. 22, 2006. Tenorio previously pled guilty to the same charges in tribal court. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Federal Jury Convicts Navajo Man on Rape ChargeRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict late yesterday afternoon finding Melvin Russell guilty on an aggravated sexual abuse charge following a four-day trial. Russell, a previously convicted sex offender, faces a statutory maximum penalty of life imprisonment when he is sentenced on the conviction. U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Department of Public Safety (NNDPS) announced the jury’s guilty verdict.
The FBI and NNDPS arrested Russell, 53, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., in July 2014, on a criminal complaint charging him with sexually abusing a Navajo woman on May 20, 2014, on the Navajo Nation in San Juan County, N.M. Russell subsequently was indicted on July 24, 2014, and was charged with aggravated sexual abuse.
Trial on the indictment commenced on May 7, 2018, and concluded yesterday afternoon when the jury returned a guilty verdict against Russell on the sole count of the indictment.
Testimony at trial established that late in the evening on May 19, 2014, until the early morning of May 20, 2014, Russell forced the victim to engage in sexual intercourse with him by threatening her with a large samurai sword. The victim, a friend, and the friend’s child were at Russell’s residence on the evening of May 19, 2014, where they all consumed alcohol.
The victim testified that, after the friend and the child went to sleep, Russell became sexually aggressive towards her, while grabbing her around the neck, choking her. The victim testified that Russell then pulled out a large samurai-type sword and threatened to kill her if she did not submit to him. The victim testified that Russell sexually abused her while continuing to strike and choke her. On the morning of May 20, 2014, the victim, the friend, and the child left Russell’s residence, contacted police, and sought medical care for the victim for injuries and trauma caused by the sexual assault.
The jury deliberated approximately two hours before returning a guilty verdict.
At sentencing, Russell faces a maximum penalty of life in federal prison, a $250,000 fine, and will be required to register as a sex offender. Russell remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the NNDPS. Assistant U.S. Attorney’s Joseph M. Spindle and Elisa Dimas are prosecuting this case as part of 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 American 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.
Albuquerque Felon Pleads Guilty to Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Jaime Santiesteban, 37, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of a firearm and ammunition. Santiesteban’s plea agreement recommends a prison sentence within the range of 63 to 92 months followed by a term of supervised release to be determined by the court.
Santiesteban was arrested in Sept. 2017, and charged by criminal complaint with being a felon in possession of a firearm and ammunition on Sept. 7, 2017. According to the complaint, Albuquerque Police Department (APD) officers found ammunition in a stolen vehicle recently occupied by Santiesteban and a firearm in the backyard of a residence that Santiesteban had run past while attempting to evade arrest.
Santiesteban was indicted on Sept. 21, 2017, and was charged with being a felon in possession of a firearm and ammunition on Sept. 7, 2017, in Bernalillo County, N.M. According to the indictment, Santiesteban was prohibited from possessing firearms or ammunition because he previously had been convicted of multiple felony offenses, including contributing to the delinquency of a minor, possession of a controlled substance, being a felon in possession of a firearm, tampering with evidence, and battery on a peace officer.
During today’s proceedings, Santiesteban pled guilty to the indictment. In entering the guilty plea, Santiesteban admitted that on Sept. 7, 2017, APD detectives were conducting an operation when they heard gunshots, and observed Santiesteban driving a stolen truck. He also admitted that the APD detectives found a firearm magazine in the stolen truck and a firearm missing a magazine in the backyard of a residence where he discarded the firearm as he attempted to flee from the detectives. Santiesteban acknowledged that he attempted to evade arrest because he was a convicted felon and was prohibited from possessing firearms or ammunition.
Santiesteban remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting 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 for federal prosecution violent or repeat offenders with the goal of removing them from communities in New Mexico for as long as possible.
Ringleader of Drug Trafficking Organization that Distributed High Grade Marijuana Throughout New Mexico Sentenced for Marijuana Trafficking and Money Laundering ConvictionRead the Press Release
ALBUQUERQUE – Enrique S. Cavazos, 32, of Tijeras, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to six years in prison followed by three years of supervised release for his conviction on marijuana trafficking and money laundering conspiracy charges. Cavazos also was ordered to forfeit the proceeds of his drug trafficking and money laundering activities, including real estate, vehicles, cash, weapons, and jewelry, valued at more than $1,883,500.
U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS-Criminal Investigation, and Chief Michael Geier of the Albuquerque Police Department (APD), announced Enrique Cavazos’ sentence.
Enrique Cavazos was arrested in Nov. 2015, after a federal grand jury filed a 26-count indictment charging him, his wife, Lindsey A. Cavazos, 33, and six others with marijuana trafficking and money laundering charges. The indictment was the result of a two-year investigation by the FBI, IRS-Criminal Investigation and APD into a drug trafficking organization led by Enrique Cavazos 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.
According to the indictment, Enrique and Lindsey Cavazos and six co-conspirators participated 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. The indictment alleged that Enrique Cavazos operated his marijuana trafficking business by directing co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country. It further alleged that 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 indictment charged the couple with engaging in a money laundering conspiracy and using 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 24, 2017, Enrique Cavazos pled guilty to a drug trafficking conspiracy charge and a money laundering conspiracy charge. In his plea agreement, Cavazos admitted participating in a conspiracy to distribute marijuana between Jan. 2008 and Nov. 2015, and acknowledged that the conspiracy included the cultivation, shipment and sale of marijuana to wholesalers and end-use customers. Enrique Cavazos also admitted conspiring with others from Jan. 2009 through Nov. 2015, to launder the cash proceeds from his marijuana distribution conspiracy, and engaging in numerous financial transactions using his drug proceeds, which were designed to conceal the nature, source and ownership of the illegal proceeds.
Also on May 24, 2017, Lindsey Cavazos entered a guilty plea to a money laundering conspiracy charge. In her plea agreement, she admitted that from Jan. 2009 through Nov. 2015, she conspired with others to launder the cash proceeds from marijuana distribution. Like her husband, Lindsey Cavazos admitted engaging in numerous financial transactions using drug proceeds, which were designed to conceal the nature, source and ownership of the illegal proceeds. Lindsey Cavazos’ plea agreement recommends that she be sentenced to a five-year term of probation. A sentencing hearing for Lindsey Cavazos has not been scheduled.
As part of their plea agreements, the Cavazos agreed to forfeit property derived, either directly or indirectly, from proceeds obtained from their drug trafficking and money laundering activities including:
- The Tijeras, N.M., residence of Enrique and Lindsey Cavazos, valued at $468,000;
- Two parcels of real property located on Grand Avenue in Las Vegas, N.M., valued at $227,032;
- A parcel of real property located on 12th Street in Las Vegas, N.M., valued at $42,500;
- A parcel of real property located on Grant Street in Las Vegas, N.M., valued at $50,000;
- A parcel of real estate located at 8th Street and Sperry Street in Las Vegas, N.M., valued at $229,000;
- The funds, totaling approximately $104,513.21, in nine bank accounts in the names of companies owned and controlled by Enrique and Lindsey Cavazos;
- 18 vehicles with an aggregate value of $177,500;
- Two Rolex watches valued at $35,600;
- Three pieces of sapphire and diamond jewelry owned by Lindsey Cavazos valued at $1,025.33;
- $473,040 in cash; and
- The fixtures and equipment from Café Bien, a restaurant formerly located on Central Avenue, SW, in Albuquerque, N.M., that was owned and operated by Enrique and Lindsey Cavazos.
Two of the Cavazos’ co-defendants have entered guilty pleas, and one has been sentenced. Antonio Ruelas, 33, of Rio Rancho, N.M., 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. Daniel Nieto, 40, of Carlsbad, N.M., pled guilty on May 25, 2017, and is scheduled for sentencing on May 24, 2018.
The remaining six defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which has yet to be scheduled. 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 APD. 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.
Navajo Woman Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Shannon Allen, 32, an enrolled member of the Navajo Nation who resides in Mariano Lake, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge. Allen’s plea agreement recommends a 34-month prison sentence followed by a term of supervised release to be determined by the court.
Allen was arrested in Oct. 2017, on a criminal complaint charging her with killing a man on Sept. 23, 2017, on the Navajo Indian Reservation in McKinley County, N.M. According to the complaint, Allen killed the victim when she lost controlled of her vehicle and rolled her vehicle over. At the time, Allen was driving under the influence of alcohol.
Allen subsequently was indicted on Oct. 24, 2017, and was charged with involuntary manslaughter. During today’s proceedings, Allen pled guilty to the indictment and admitted killing the victim while driving recklessly and under the influence of alcohol. Allen acknowledged that the alcohol rendered her incapable of exercising clear judgment and a steady hand in operating the vehicle. A sentencing hearing has yet to be scheduled.
This case was investigated by the Navajo Nation Department of Public Safety and Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case.
Arizona Man Sentenced to Ten Years for Federal Cocaine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Jesus Quiroz, 36, of Tucson, Ariz., was sentenced yesterday in federal court in Las Cruces, N.M., to 120 months in prison for his conviction on a cocaine trafficking charge arising out of the seizure of 148 pounds of cocaine and 10.5 pounds of fentanyl at the New Mexico Port of Entry near Lordsburg, N.M., on Sept. 9, 2016. Quiroz will be on supervised release for five years after completing his prison sentence.
Quiroz was arrested on Sept. 9, 2016, on a criminal complaint charging him with possession of cocaine with intent to distribute in Hidalgo County, N.M. According to the complaint, Quiroz was arrested after New Mexico State Police officers at the New Mexico Port of Entry on Interstate 10 in Lordsburg seized 63 individually wrapped packages containing what officers then believed to be 72 kilograms of cocaine from a tractor and trailer in which Quiroz was traveling. At the time of his arrest, Quiroz was on probation for a state cocaine trafficking conviction in Arizona.
Quiroz subsequently was indicted on Dec. 14, 2016, and was charged in a two-count indictment with possession of cocaine with intent to distribute, and possession of visual depiction of a minor engaged in sexually explicit conduct. Quiroz was charged with committing the crimes on Sept. 9, 2016, in Hidalgo County.
On Jan. 18, 2017, Quiroz pled guilty to Count 1 of the indictment charging him with possession of cocaine with intent to distribute. In entering the guilty plea, Quiroz admitted that on Sept. 9, 2016, he drove a commercial vehicle containing approximately 72 kilograms of cocaine into the Lordsburg, New Mexico Port of Entry. Quiroz further admitted that he intended to deliver the cocaine to another person.
Court records indicate that, after Quiroz entered his guilty plea, laboratory tests performed on the drugs seized from Quiroz’s tractor-trailer revealed that the drugs consisted of approximately 67.26 kilograms of cocaine and 4.84 kilograms of fentanyl.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Mexican Nationals Plead Guilty to Trafficking in Counterfeit Goods by Operating Counterfeit Airbag Business in AlbuquerqueRead the Press Release
ALBUQUERQUE – Two Mexican nationals, illegally present in the United States, entered guilty pleas today to operating a counterfeit airbag business out of their residence in Albuquerque, N.M. Dina Gonzalez-Marquez, 24, and Emilio Gonzalez-Marquez, 22, entered their guilty pleas under plea agreements that recommend a five-year term of probation. The plea agreements state that the probationary terms should be unsupervised because the guilty pleas will result in the defendants’ deportation.
The defendants, who are siblings, pleaded guilty to charges in an indictment filed on April 26, 2017. The indictment charged the defendants with conspiring to traffic in counterfeit goods and two counts of trafficking in counterfeit goods. According to the indictment, Dina Gonzalez-Marquez and Emilio Gonzalez-Marquez conspired to traffic in counterfeit goods from Jan. 2015 to March 2017, by operating a business that sold counterfeit airbag modules and airbag covers out of their Albuquerque residence. It also alleged that they facilitated the conspiracy by listing and selling counterfeit airbag modules and airbag covers online, shipping the counterfeit goods to purchasers, and conducting in person sales of the counterfeit goods.
During today’s proceedings, Dina Gonzalez-Marquez and Emilio Gonzalez-Marquez each pled guilty to conspiracy and trafficking in counterfeit goods. In entering their guilty pleas, the siblings admitted that they purchased counterfeit airbags and airbag covers from overseas and listed them for sale on different internet sites. They acknowledged that they continued to sell counterfeit airbags and airbag covers even after being contacted by one of the internet sites and a vehicle manufacturer, and were instructed to cease and desist advertising and selling the counterfeit airbags and airbag covers.
Dina Gonzalez-Marquez and Emilio Gonzalez-Marquez specifically admitted that on Aug. 10, 2016, they sold a counterfeit airbag module, which they represented as authentic, to a customer. They further admitted that on March 1, 2017, Dina Gonzalez-Marquez communicated with a customer regarding the purchase of two airbag covers, and Emilio Gonzalez-Marquez later sold the counterfeit airbag covers to that customer after representing the covers as authentic.
Pursuant to their plea agreements, the siblings agreed to forfeit approximately 143 airbags and airbag covers, four storage devices, four laptops, and $2,510 in cash.
The defendants’ sentencing hearings have yet to be scheduled.
This case was investigated by the Albuquerque office of HSI, and is being prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Sean J. Sullivan.
Texas Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Jimmy Myers, 24, of Lockhart, Texas, pled guilty today in federal court in Las Cruces, N.M., to a narcotics trafficking charge arising out of the sale of methamphetamine to an undercover law enforcement agent.
Myers and co-defendants Jesus Sanchez, 31, of Carlsbad, N.M., and Stephanie Murray, 30, of Loving, N.M., were charged with methamphetamine trafficking offenses in a three-count indictment filed on Dec. 13, 2017. The indictment charged Myers, Sanchez and Murray with participating in a methamphetamine trafficking conspiracy and with distributing methamphetamine on April 28, 2017. Myers also was charged with distributing methamphetamine on May 18, 2017. According to the indictment, the defendants committed the crimes in Eddy County, N.M.
During today’s change of plea hearing, Myers pled guilty to distributing more than 50 grams of methamphetamine. In entering the guilty plea, Myers admitted distributing 93 grams of methamphetamine to an undercover law enforcement agent in exchange for $2,200 in Carlsbad on May 18, 2017.
At sentencing, Myers faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Navajo Man from Farmington Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Twaine Willie, 26, an enrolled member of the Navajo Nation who resides in Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Willie entered the guilty plea under a plea agreement that recommends that he be sentenced to a prison term within the range of 24 to 30 months followed by a term of supervised release to be determined by the court.
Willie was arrested on Jan. 18, 2018, on a criminal complaint charging him with assaulting a Jicarilla Apache man with a baseball bat on Jan. 3, 2018, on the Jicarilla Apache Nation in Rio Arriba County, N.M. According to the complaint, the victim sustained a compound fracture of his lower right leg as the result of the assault.
During today’s proceedings, Willie pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Willie admitted that on Jan. 3, 2018, he pushed and beat the victim, who required surgery to repair a compound fracture to his right tibia. Willie remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department, and is being prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback.
Espanola Woman Pleads Guilty to Federal Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Goldyne Duran, 27, of Espanola, N.M., pled guilty today in federal court in Albuquerque, N.M., to heroin and methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
The FBI and HIDTA Region III Narcotics Task Force arrested Duran in Aug. 2017, on a criminal complaint alleging that she possessed heroin, methamphetamine and cocaine with intent to distribute on July 11, 2017, in Rio Arriba County, N.M. According to the complaint, law enforcement agents seized approximately 41.9 ounces (1,187.85 grams) of heroin, 13.3 ounces (377.05 grams) of cocaine, 17.6 ounces (498.95 grams) of methamphetamine, large amounts of currency, a firearm, and drug paraphernalia while executing a state search warrant on Duran’s residence.
During today’s proceedings, Duran pled guilty to a felony information charging her with possession of methamphetamine and heroin with intent to distribute. In entering the guilty plea, Duran admitted that on July 11, 2017, law enforcement officers executed a search warrant at her residence where they seized four large bundles of cash, heroin weighing more than a kilogram, and more than 50 grams of methamphetamine. Duran admitted possessing the heroin and methamphetamine with the intention of distributing the drugs to others.
After entering her guilty plea, Duran was remanded into the custody of the U.S. Marshal Service and will be detained pending her sentencing hearing, which has yet to be scheduled. At sentencing, Duran faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
This case was investigated by the Santa Fe office of the FBI and the HIDTA Region III Narcotics Task Force. The HIDTA – High Intensity Drug Trafficking Area – Program is a program of the White House Office National Drug Control Policy (ONDCP) that facilitates cooperation among federal, state, local and tribal law enforcement to foster intelligence sharing and to support the execution of effective enforcement operations aimed at dismantling drug trafficking organization in critical drug trafficking regions of the United States. The HIDTA Region III Narcotics Task Force is comprised of the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.
Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting 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.
Rio Rancho Man Sentenced for Conviction on Federal Marijuana Trafficking ChargeRead the Press Release
ALBUQUERQUE – Antonio Ruelas, 32, of Rio Rancho, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to 30 months of imprisonment based on his previously entered guilty plea to a marijuana trafficking conspiracy charge. Ruelas will be on supervised release for three years after completing his prison sentence.
Ruelas 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.
Ruelas, 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 Robert Moreno, 38, of 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.
Enrique Cavazos pled guilty on May 24, 2017, to marijuana trafficking and money laundering charges under a plea agreement that recommended a sentence within the range of 48 to 120 months of imprisonment. Lindsey Cavazos also pled guilty on May 24, 2017, to a money laundering charge under a plea agreement that recommends a sentence of a five-year term of probation. The Cavazos’ plea agreements require the couple to forfeit the proceeds of their drug trafficking and money laundering activities, including real estate, vehicles, cash, weapons, and jewelry, which are valued at more than $1,883,500. The Cavazos are scheduled for sentencing on May 9, 2018.
Nieto pled guilty on May 25, 2017, to possessing hashish oil with intent to distribute. Nieto’s sentencing hearing is scheduled for May 24, 2018.
The remaining six defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which has yet to be scheduled. 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. 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.
Navajo Man Sentenced to Prison for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Alrenzon Yazzie, 20, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for his conviction on an involuntary manslaughter charge.
Yazzie was arrested in Sept. 2017, on a criminal complaint charging him with killing a Navajo woman on Sept. 3, 2017, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, Yazzie killed the victim by running her over with a vehicle. At the time Yazzie ran over the victim, Yazzie was driving under the influence of alcohol.
On Dec. 1, 2017, Yazzie pled guilty to a felony information charging him with involuntary manslaughter and admitted killing the victim by striking her with his vehicle while driving recklessly while under the influence of alcohol. Yazzie acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Novaline D. Wilson prosecuted the case.
Los Lunas Man Sentenced to Prison for Assaulting Isleta Pueblo WomanRead the Press Release
ALBUQUERQUE – Brandon J. Todd, 36, of Los Lunas, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for his conviction for assaulting an intimate partner by strangulation or suffocation. Todd will be on supervised release for three years after completing his prison sentence.
The Isleta Pueblo Tribal Police Department arrested Todd on Aug. 1, 2017, and charged him in a criminal complaint with assaulting an intimate partner by strangulation and domestic assault by a habitual offender. According to the complaint, Todd assaulted the victim, an Isleta Pueblo woman, on July 26, 2017, in the Isleta Pueblo within Bernalillo County, N.M., by throwing items at her head and strangling her with his arms. The victim suffered bruising to her eyelids, red marks and swelling on her left temple, and a bump on her head.
Todd was indicted on Sept. 21, 2017, and was charged with assaulting an intimate partner by strangulation or suffocation. According to the indictment, Todd committed the crime on July 25, 2017, on the Isleta Pueblo in Bernalillo County.
On Jan. 18, 2018, Todd pled guilty to the indictment and admitted that on July 25, 2017, he strangled the victim by wrapping his legs around her legs, putting his arms around her neck, and applying pressure and squeezing her neck. Todd further admitted that he caused the victim to suffer pain, and impeded her normal breathing and blood circulation.
This case was investigated by the Isleta Pueblo Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez 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.
Albuquerque Felon Pleads Guilty to Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Daniel Penrod, 29, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of a firearm and ammunition. Penrod entered the guilty plea under a plea agreement that recommends a sentence within the range of 87 to 108 months imprisonment followed by a term of supervised release to be determined by the court.
The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Penrod in Jan. 2018, on a criminal complaint that charged Penrod with being a felon in possession of a firearm and ammunition on Jan. 16, 2018, in Bernalillo County, N.M. According to the criminal complaint, while Deputy U.S. Marshals were executing an arrest warrant on Penrod for a probation violation, Penrod attempted to flee. During the pursuit that ensued, Penrod turned towards a Deputy U.S. Marshal and drew a loaded firearm out of his waistband, whereupon the Deputy U.S. Marshal disarmed and arrested Penrod.
During today’s proceedings, Penrod pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Penrod admitted he possessed a firearm, which he pulled from his waistband as he turned toward the Deputy U.S. Marshal who was pursuing him on Jan. 16, 2018. Penrod acknowledged that at the time, he was prohibited from possessing firearms or ammunition because of his prior felony convictions for receiving or transferring a stolen motor vehicle, 2nd degree murder, and battery upon a police officer.
Penrod has been in custody since his arrest and will remain in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting 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 for federal prosecution violent or repeat offenders with the goal of removing them from communities in New Mexico for as long as possible.
Colorado Man Sentenced for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Adrian Chavez, 24, of Greeley, Colo., was sentenced today in federal court in Santa Fe, N.M., to 48 months in prison for his methamphetamine trafficking conviction. Chavez will be on supervised release for three years after completing his prison sentence.
The DEA arrested Chavez in Aug. 2016, after seizing approximately 2.80 kilograms (6.27 pounds) of crystal methamphetamine from him during an interdiction investigation in Albuquerque. The methamphetamine was contained in five plastic containers inside Chavez’s backpack.
Chavez was indicted on Aug. 23, 2016, and was charged with possession of methamphetamine with intent to distribute on Aug. 12, 2016, in Bernalillo County, N.M.
On Nov. 1, 2017, Chavez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Chavez admitted that on Aug. 12, 2016, he possessed methamphetamine that was concealed inside five plastic containers wrapped with grey duct tape inside his backpack.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Carlsbad Woman Pleads Guilty to Federal Wire Fraud Charge Arising Out of $800,000 Embezzlement SchemeRead the Press Release
ALBUQUERQUE – U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Eddy County Sheriff Mark Cage announced today that Lori V. Whitaker, 54, of Carlsbad, N.M., entered a guilty plea in federal court in Las Cruces, N.M., to a wire fraud charge. Under the terms of the plea agreement, Whitaker is required to pay $816,630.36 in restitution to her former employer, the victim of her crime. Whitaker also faces a statutory maximum penalty of 20 years of imprisonment at sentencing, which has yet to be scheduled.
Whitaker was indicted in Jan. 2018, and was charged with perpetrating a scheme to defraud her former employer, the Otis Mutual Domestic Water Consumers and Sewage Works Association (Association), out of approximately $800,000.00 over a two-year period. The indictment charged Whitaker with 75 counts of wire fraud and alleged that she fraudulently transmitted funds by means of wire communications between March 27, 2015 and Feb. 3, 2017, as part of a scheme to defraud the Association. The funds involved in the 75 transactions charged ranged from $416.00 to $15,746.64.
In announcing the guilty plea, U.S. Attorney Anderson said, “With today’s guilty plea, Ms. Whitaker begins the process of taking responsibility for violating the solemn trust that was placed in her to manage the affairs of the Association. This guilty plea reaffirms the Justice Department’s commitment to investigate and prosecute fraudulent conduct that adversely impacts the lives of innocent victims.” “A lot of hard-working people in Eddy County put their trust in this defendant, and she repaid that confidence by stealing a sum of money that would have been eye-popping in a large city, let alone rural southeastern New Mexico,” said Special Agent in Charge Wade of the FBI’s Albuquerque Division. “We hope this case sends a clear message that the FBI and our partners will thoroughly investigate and bring to justice those who seek to enrich themselves at the public's expense.”
Eddy County Sheriff Cage said, “Thank you to our federal partners who worked so hard to help us get some closure for the Eddy County citizens affected by this abuse of their trust and their funds.”
According to the indictment, Whitaker was employed by the Association, a non-profit special purpose government association that provided potable water and a wastewater system to more than 4300 people in Otis, N.M., in Eddy County, as its office manager from 2003 through April 2017. As the Association’s office manager, Whitaker was responsible for controlling the Association’s finances, had access to the Association’s payroll account, and received a company credit card intended for use for Association-related expenses.
The indictment charged that from March 2015 through Feb. 2017, Whitaker perpetrated a scheme to defraud the Association through which she embezzled approximately $800,000.00 of the Association’s funds for her personal use. According to the indictment, Whitaker executed the scheme to defraud in two ways. First, Whitaker defrauded the Association by using its credit card account for personal purposes unrelated to the Association’s business. To this end, Whitaker repeatedly used the credit card to obtain cash advances and initiate other charges at casinos, which she was not authorized to do. Second, Whitaker defrauded the Association by paying off credit card balances through frequent, but unauthorized, online transfers from the Association’s payroll account.
During today’s change of plea hearing, Whitaker pled guilty to one count of wire fraud. In entering the guilty plea, Whitaker admitted that from around 2003 until April 2017, while working as the office manager for the Association, she initiated personal charges and cash advances totaling $792,829.09 on her Association credit card at casinos in New Mexico, causing the Association to sustain an aggregate loss of $816,630.36. Whitaker further admitted that she executed charges, cash advances, and payments by transmitting interstate wire communications that traveled to credit-card company servers in Virginia or Georgia.
The case was investigated by the FBI office in Las Cruces with assistance from the Eddy County Sheriff’s Office. Assistant U.S. Attorneys John A. Balla and Richard C. Williams are prosecuting the case.
Albuquerque Surgeon Pleads Guilty to Obstructing Enforcement of Child Sex Trafficking LawsRead the Press Release
ALBUQUERQUE – Glenroy Heywood, 55, of Albuquerque, N.M., pleaded guilty late yesterday afternoon in federal court to obstructing the enforcement of the child sex trafficking laws announced U.S. Attorney John C. Anderson, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Bernalillo County Sheriff Manuel Gonzales, III.
Heywood, a physician with a general surgery subspecialty, was arrested on Aug. 30, 2017, on an indictment charging him with attempting to recruit or entice a minor to engage in a commercial sex act in Bernalillo County, N.M., on Feb. 8, 2017. Heywood’s medical license has been suspended as the result of the charges in this case.
During yesterday’s change of plea hearing, Heywood pled guilty to a felony information charging him with obstructing, and attempting to obstruct, the enforcement of the federal child sex trafficking statute. In entering the guilty plea, Heywood admitted arranging to meet a person whom he believed to be a 15-year-old female at an Albuquerque-area hotel for the purposed of engaging in a commercial sex act on Feb. 8, 2017. Heywood acknowledged that shortly after he entered the hotel room, law enforcement officers arrested him as he attempted to evade arrest by fleeing out of the room.
At sentencing, Heywood faces a statutory maximum penalty of 20 years in federal prison. Heywood also will be required to register as a sex offender. A sentencing hearing has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The 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 Man Sentenced for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Harold Jim, 40, of Albuquerque, N.M., entered a guilty plea today in federal court to violating the Sex Offender Registration and Notification Act (SORNA). Immediately thereafter, Jim was sentenced to 24 months of imprisonment followed by five years of supervised release. Jim will be required to register as a sex offender when he completes his prison sentence pursuant to his previous conviction.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Jim was charged by indictment on April 12, 2016, with violating SORNA by failing to update his sex offender registration from Dec. 10, 2015 through March 8, 2016, in Bernalillo County, N.M.
During today’s proceedings, Jim pled guilty to the indictment and admitted that he registered as a sex offender under SORNA on Dec. 1, 2015, while residing at a halfway house in Albuquerque, but left the halfway house on Dec. 10, 2015. Jim further admitted that he was later arrested by the U.S. Marshals Service on March 8, 2016, in McKinley County, N.M., where he had been living and had not registered under SORNA.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Michael D. Murphy.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Timothy Gregg Enjady, 54, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to an assault charge. Enjady’s plea agreement recommends an 18-month term of imprisonment followed by a term of supervised release to be determined by the court.
The BIA arrested Enjady in Aug. 2017, on a criminal complaint charging him with assaulting a Mescalero Apache woman on June 7, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M. According to the complaint, Enjady assaulted the woman by hitting her in the face with his fist, hitting her with an object and placing his thumb in her eye.
Enjady was subsequently indicted on Jan. 17, 2018, and charged with assault with a dangerous weapon, an aluminum crutch, with intent to do bodily harm.
During today’s proceedings, Enjady pled guilty to the indictment and admitted that on June 7, 2017, he assaulted the victim by striking her in the face and head with an aluminum crutch. Enjady further admitted that the victim suffered facial contusions, head lacerations and a corneal abrasion as the result of the assault. 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.
The case was brought 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.
Inmate at Sandoval County Detention Center Sentenced to Federal Prison for Trafficking Heroin While IncarceratedRead the Press Release
ALBUQUERQUE – Ismael Vargas, 30, of Belen, N.M., was sentenced today in federal court in Albuquerque, N.M., to 41 months in prison followed by four years of supervised release for his heroin trafficking conviction. At the time he committed the offense, Vargas was an inmate at the Sandoval County Detention Center.
In Jan. 2016, the DEA arrested Christopher Gonzales, 22, of Albuquerque, N.M., and Fabrienne Rosalinda Morales, 41, of Peralta, N.M., on a five-count indictment. At the time, Gonzales was a corrections officer at Sandoval County Detention Center. The indictment charged Gonzales and Morales with conspiracy. It also charged Gonzales with possession of heroin and Suboxone with intent to distribute, and Morales with distributing heroin and Suboxone. The indictment was superseded on Feb. 9, 2016, to add Vargas, to the conspiracy charge. According to the superseding indictment, the defendants committed the crimes on Aug. 2, 2015, in Sandoval County, N.M.
On March 9, 2017, Vargas pled guilty to Count 1 of the superseding indictment charging him with conspiracy to distribute heroin. In entering the guilty plea, Vargas admitted that on Aug. 2, 2015, while he was an inmate at the Sandoval County Detention Center, he arranged for heroin to be delivered to the jail. Vargas also admitted that he facilitated the payment of money to a corrections officer to get the heroin into the jail.
On Feb. 28, 2017, Gonzales pled guilty to possessing heroin with intent to distribute. In entering his guilty plea, Gonzales admitted that on Aug. 2, 2015, while he was working as an officer at the Sandoval County Detention Center, he brought heroin to the Detention Center with the intention of delivering it to an inmate. Gonzales was sentenced to a five-year term of probation on May 31, 2017. Additionally, Gonzales’ employment as a corrections officer was terminated after he was charged in his case.
On Jan. 13, 2017, Morales pled guilty to distributing heroin. In entering the guilty plea, Morales admitted that on Aug. 2, 2015, she smuggled heroin into the Sandoval County Detention Center and gave it to a corrections officer. Morales was sentenced to 18 months of imprisonment and three years of supervised release on April 17, 2017.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Howard R. Thomas 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.
Colorado Couple Arraigned in New Mexico on Federal Charges Arising out of Nov. 27, 2017 Crime Spree Resulting in DeathRead the Press Release
ALBUQUERQUE – Daniel Lowell and Trista Schlaefli were arraigned this morning in federal court in Las Cruces, N.M., on an indictment charging them with carjacking and firearms charges resulting in a death. The charges arise out of a Nov. 27, 2017, crime spree during which Lowell and Schlaefli allegedly fled from a U.S. Border Patrol checkpoint, carjacked a vehicle at gunpoint resulting in the death of a victim, and attempted to carjack two other vehicles. During today’s hearings, Lowell and Schlaefli entered not guilty pleas to the indictment and were ordered detained pending trial, which has yet to be scheduled.
U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, New Mexico State Police Chief Pete Kassetas and Chief Patrick Gallagher of the Las Cruces Police Department announced the charges against Lowell and Schlaefli.
The nine-count indictment, filed on April 10, 2018, charges Lowell, 34, of Henderson, Colo., and Schlaefli, 32, of Colorado Springs, Colo., with high speed flight from an immigration checkpoint, carjacking, carjacking resulting in death, attempted carjacking, and possession of at least 15 unauthorized access devices. The indictment also charges Lowell with brandishing a firearm during a crime of violence, attempted carjacking, and being a felon in possession of a firearm and ammunition. It charges Schlaefli with aiding and abetting Lowell in brandishing a firearm during a crime of violence and with attempted carjacking. According to the indictment, Lowell and Schlaefli committed the crimes on Nov. 27, 2017, in Dona Ana County, N.M.
The New Mexico State Police arrested Lowell and Schlaefli on state charges on Nov. 27, 2017, and the FBI arrested the duo on the federal indictment on April 25, 2018. The state charges will be dismissed in favor of federal prosecution in due course. Lowell and Schlaefli remain in federal custody pending trial based on judicial findings that they pose a risk of flight and a danger to the community.
If convicted on the charges in the indictment, Lowell and Schlaefli face the following maximum statutory penalties:
- High-speed flight from an immigration checkpoint – five years of imprisonment and a $250,000 fine.
- Carjacking – 15 years of imprisonment and a $250,000 fine.
- Carjacking resulting in death – life imprisonment and a $250,000 fine.
- Possession of unauthorized access devices – ten years of imprisonment and a $250,000 fine.
- Brandishing a firearm during a crime of violence – mandatory minimum of seven years of imprisonment to be served consecutive to any other sentence imposed.
- Attempted carjacking – 15 years of imprisonment and a $250,000 fine.
- Felon in possession of a firearm – ten years of imprisonment and a $250,000 fine.
Charges in indictments are merely 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, the Las Cruces Police Department and the New Mexico State Police with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Border Patrol, and the 3rd Judicial District Attorney’s Office. Assistant U.S. Attorneys Marisa A. Ong and Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Albuquerque Felon Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Phillip Moffett, 31, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office.
Moffett was charged in a federal criminal complaint filed in Feb. 2017, with unlawfully possessing a firearm on Dec. 27, 2016, in Bernalillo County, N.M. According to the complaint, law enforcement officers arrested Moffett after finding him asleep in a stolen vehicle. During a search incident to Moffett’s arrest, the officers found a firearm that had recently been reported as stolen during the burglary of a gun shop in Rio Rancho, N.M.
Moffett was indicted on July 27, 2017, and was charged with being a felon in possession of a firearm. According to the indictment, Moffett was prohibited from possessing firearms or ammunition because of his prior felony conviction for aggravated battery with a deadly weapon against a household member.
During today’s proceedings, Moffett pled guilty to the indictment and admitted that he was prohibited from possessing a firearm on Dec. 27, 2016, because of his status as a convicted felon. At sentencing, Moffett faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney David M. Walsh.
Felon from San Juan County Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Romualdo Munoz, 37, of Bloomfield, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by being a felon in possession of firearms and ammunition.
Munoz was arrested in Jan. 2018, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 30, 2017, in San Juan County, N.M. According to the indictment, Munoz was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of a controlled substance, receiving stolen property, aggravated fleeing from a law enforcement officer, and being a felon in possession of a firearm or destructive device.
During today’s proceedings, Munoz pled guilty to the indictment charging him with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Munoz admitted that on May 30, 2017, law enforcement officers found a firearm and multiple rounds of ammunition inside Munoz’s vehicle during a consensual search. Munoz further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Munoz faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the HIDTA Region II Task Force. Assistant U.S. Attorney Peter J. Eicker is prosecuting the case.
The HIDTA Region II 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.
Navajo Woman from Crownpoint Sentenced to Prison for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Valerie Cayatineto, 41, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 37 months in prison followed by three years of supervised release for her involuntary manslaughter conviction.
Cayatineto was arrested in Jan. 2017, on a criminal complaint charging her with involuntary manslaughter. According to the complaint, Cayatineto killed a Navajo man when she crashed her vehicle head-on into the victim’s vehicle on Dec. 9, 2016, on the Navajo Indian reservation in McKinley County, N.M. At the time of the crash, Cayatineto was driving under the influence of alcohol.
Cayatineto subsequently was indicted on Feb. 7, 2017, and charged with involuntary manslaughter. On May 31, 2017, Cayatineto pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Gallup office of the FBI and the the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Elisa Dimas prosecuted the case.
Navajo Man from Shiprock Pleads Guilty to Second-Degree Murder ChargeRead the Press Release
ALBUQUERQUE – Jerry Johnson, Jr., 56, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to a second-degree murder charge. Johnson entered the guilty plea under a plea agreement that recommends that he be sentenced to a prison term within the range of 129 to 161 months followed by a term of supervised release to be determined by the court.
Johnson was arrested in July 2017, by the FBI on a criminal complaint alleging that he murdered a Navajo woman on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, on June 26, 2017, Johnson struck the victim in the head with his fist, and then retrieved a knife and stabbed her in the back. Johnson later was indicted on a murder charge on Dec. 20, 2017.
During today’s proceedings, Johnson pled guilty to the indictment charging him with second-degree murder. In entering the guilty plea, Johnson admitted that on June 26, 2017, he killed the victim by hitting her, and when she was laying down, stabbing her once in the back with a kitchen knife. Johnson remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
This case was brought as part of 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 American 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.
Naturalized U.S. Citizen and Las Cruces Resident Sentenced for Federal Marriage Fraud ConvictionRead the Press Release
ALBUQUERQUE – Yesterday afternoon in federal court in Las Cruces, N.M., Yi Lee and Santiago Aveles were sentenced for their convictions on felony charges arising out of a scheme to obtain immigration status for foreign nationals through fraudulent marriages. Lee was sentenced to six months in prison followed by six months of home confinement and three years of supervised release. Lee also was ordered to pay a $10,000 fine. Aveles was sentenced to a three year term of probation and ordered to pay a $2,500 fine.
“U.S. citizenship is not for sale,” said U.S. Attorney John C. Anderson. “Those who commit marriage fraud damage the integrity of our immigration system. My Office is committed to enforcing these laws to ensure that those who abuse the process do not cause harm or jeopardize the opportunities for lawful immigration.”
“This case demonstrates HSI’s commitment to protecting the integrity of our immigration system. Individuals attempting to obtain benefits through fraud will be prosecuted to the fullest extent of the law,” said Jack P. Staton, Acting Special Agent in Charge of HSI El Paso. “I commend the hard work by all involved in bringing this case to a successful conclusion.”
Lee, 44, a naturalized U.S. citizen residing in Albuquerque, N.M., and Aveles, 31, of Las Cruces, and four co-defendants, Chia-Jung Chang, 39, Dan Zheng, 33, Lian Xiang Deng, 42, and Xiao-Yin Le, 50, all Chinese nationals illegally in the United States, were indicted on April 19, 2017. The indictment charged the six defendants with participating in a conspiracy to commit marriage fraud. The indictment also charged Aveles and Zheng with committing marriage fraud for the purpose of evading the federal immigration laws.
According to the indictment, from June 2016 through March 2017, the defendants conspired to obtain immigration status for foreign nationals by having U.S. citizens enter into fraudulent marriages with foreign nationals in exchange for money. The indictment alleged that Lee facilitated the conspiracy by arranging meetings between foreign nationals and U.S. citizens and assisting them in obtaining marriage licenses, working permits and green cards for the foreign nationals who paid Lee and the U.S. citizens. It further alleged that Lee attempted to arrange fraudulent marriages between certain of his co-defendants and undercover law enforcement agents.
On Oct. 23, 2017, Lee pled guilty to Count 1 of the indictment charging him with conspiracy to commit marriage fraud. In entering the guilty plea, Lee admitted that from Jan. 2016 through May 2017, he recruited United States citizens including Aveles and other individuals who unbeknownst to Lee were undercover law enforcement agents to enter into fraudulent marriages with foreign nationals for the purpose of evading immigration laws. According to the plea agreement, Lee told the sham marriage participants to document their respective relationships by taking photos together, exchanging messages, opening joint bank accounts, renting properties together and having bills put under both participants’ names. Lee also admitted that he assisted the participants with immigration paperwork and in passing off the fraudulent marriages as legitimate during interviews with United States Citizenship and Immigration Services.
In entering the guilty plea, Lee admitted that he coordinated a payment schedule for the United States citizens participating in the fraudulent marriages, who were to receive payments after taking certain steps such as obtaining a marriage license, participating in a fraudulent marriage, submitting paperwork, and participating in interviews. Lee further admitted that each United States citizen participant was to be paid, and Lee also received payment for his role in the conspiracy in return for citizenship for the foreign nationals.
On Aug. 4, 2017, Aveles pled guilty to a felony information charging him with conspiracy and marriage fraud. In entering the guilty plea, Aveles admitted that from Jan. 2016 through April 30, 2017, he and others conspired to commit marriage fraud. Aveles also admitted that he entered into a sham marriage for the purpose of evading immigration laws and in exchange for a monetary payment.
Zheng pled guilty and was sentenced on Aug. 28, 2017. Chang pled guilty and was sentenced on Dec. 11, 2017. Charges against Deng were dismissed on July 25, 2017. Le has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations, and all criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of HSI and is being prosecuted by Assistant U.S. Attorneys Dustin C. Segovia and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office.
California Man Arraigned in New Mexico on Federal Indictment Charging him with Scheme to Fraudulently Create and Sell Jewelry as Native American-MadeRead the Press Release
ALBUQUERQUE – Robert Haack, 51, of Los Angeles, Calif., was arraigned yesterday afternoon on a federal indictment charging him with violating the Indian Arts and Crafts Act (IACA) by fraudulently creating and selling jewelry as Native American-made. The indictment, which was filed by a federal grand jury sitting in Albuquerque, N.M., on March 28, 2018, was the result of a federal investigation led by the U.S. Department of Interior, Fish and Wildlife Service, Office of Law Enforcement.
“This indictment is not only about enforcing the law, it is also about protecting and preserving the cultural heritage of Native Americans,” said U.S. Attorney John C. Anderson. “This case demonstrates our willingness to prosecute those who falsely market products as “Indian Made,” and thus undermine the livelihoods of Native American artists.”
“Every indictment filed under the Indian Arts and Crafts Act brings us closer to bringing justice to the Native American artists who are harmed by forgery and fraud in the marketplace,” said Edward Grace, Acting Assistant Director of the Office of Law Enforcement for the U.S Fish and Wildlife Service. “We hope this and other indictments will deter further this type of harmful criminal activity. We thank the law enforcement agencies that supported us and partnered with us during this investigation.”
The six-count indictment charges Haack with two counts of wire fraud, two counts of mail fraud and two counts of violating the IACA. During yesterday’s arraignment hearing, which Haack participated in through video teleconferencing from California, Haack entered a not guilty plea to the indictment and was released on pretrial supervision and other conditions of release pending trial, which has yet to be scheduled.
According to the indictment, from April 4, 2013 through April 21, 2013, and from June 15, 2014 through June 20, 2014, Haack violated the IACA by displaying and offering for sale jewelry in a manner that suggested that it was Indian produced and the product of American Indian tribes. The indictment alleges that Haack defrauded the United States and its people of money by using the U.S. mail and wire communications to promote the sale of the counterfeit jewelry as Indian-made.
The indictment further alleges that from April 4, 2013 through June 20, 2014, Haack devised a scheme to defraud and to obtain money from others by using an online marketplace and online payment platform to advertise and sell counterfeit pieces of Indian jewelry that Haack falsely represented as having been created by the late Charles Loloma, a renowned Hopi Indian artist. According to the indictment, Haack allegedly created and produced the counterfeit jewelry in his home in Los Angeles and delivered the counterfeit jewelry to a purchaser in Albuquerque through the U.S. Postal Service.
The indictment includes forfeiture provisions, which seek to forfeit to the United States any proceeds used in or traceable to Haack’s alleged criminal activities, and seek a money judgment against Haack in the amount of at least $19,398.
If convicted of the charges against him, Haack faces a statutory maximum penalty of five years in prison and a $250,000.00 fine. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the U.S. Department of Interior, Fish and Wildlife Service, Office of Law Enforcement. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
The IACA prohibits the offer or display for sale, or the sale of any good in a manner that falsely suggests that it is Indian produced, an Indian product, or the product of a particular Indian and Indian tribe. The law is designed to prevent products from being marketed as “Indian made,” when the products are not, in fact, made by Indians. It covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935, and broadly applies to the marketing of arts and crafts by any person in the United States. IACA provides critical economic benefits for Native American cultural development by recognizing that forgery and fraudulent Indian arts and crafts diminish the livelihood of Native American artists and craftspeople by lowering both market prices and standards.
Navajo Man from Crownpoint Sentenced for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Shayliss Ellsworth, 25, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 87 months in prison for his conviction on assault charges. Ellsworth will be on supervised release for three years after completing his prison sentence.
Ellsworth was arrested on June 21, 2017, on a criminal complaint charging him with stabbing two Navajo women with a knife on June 17, 2017, on the Navajo Indian Reservation in McKinley County, N.M. As the result of the assault, the first victim suffered a cut across her face through her mouth, stab wounds on her left side and right breast, and a cut and stab wound to her left arm, which cut her artery and caused profuse bleeding. The second victim suffered cuts on her neck and finger and a stab wound on her right arm. According to the complaint, the first victim underwent multiple surgeries, including surgery to amputate her left arm, as the result of the assault.
Ellsworth subsequently was charged in a four-count indictment on July 11, 2017, with two counts of assault with a dangerous weapon, a knife, and two counts of assault resulting in serious bodily injury. According to the indictment, Ellsworth committed the crimes on June 17, 2017, on the Navajo Indian Reservation in McKinley County, N.M.
On Nov. 27, 2017, Ellsworth pled guilty to two counts of assault resulting in serious bodily injury. In the plea agreement, Ellsworth admitted that on June 17, 2017, he assaulted two women with a knife causing serious bodily injury to both women. Ellsworth further admitted that the first victim suffered stab wounds to her right chest, cuts to her left arm, a deep puncture wound that cut an artery and disfiguring cuts to her face. The first victim underwent multiple surgeries and eventually had her left arm amputated as the result of the injuries caused by Ellsworth. Ellsworth also admitted that the second victim suffered stab wounds to her right shoulder and neck, which required surgery to close.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Jennifer M. Rozzoni prosecuted the case as part of 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.
Multi-Agency Investigation Dismantles Las Cruces-Based Drug Trafficking OrganizationsRead the Press Release
ALBUQUERQUE – Sixteen individuals are facing drug trafficking and money laundering charges as the result of a multi-agency investigation led by DEA and HSI that targeted cocaine, heroin and methamphetamine traffickers and money launderers operating in southern New Mexico, west Texas and as far east as Tennessee and South Carolina. During the course of the investigation, law enforcement authorities seized approximately 3.6 kilograms of cocaine, approximately 2.5 kilograms of heroin, approximately 13 kilograms of methamphetamine, $124,885 in cash, eight vehicles and seven firearms. The investigation culminated yesterday when 14 of the defendants were arrested in Las Cruces, N.M., and El Paso, Tex., by teams of federal, state, county and local law enforcement officers during a law enforcement operation.
The results of the investigation were announced by U.S. Attorney John C. Anderson, Special Agent in Charge Kyle W. Williamson of the DEA’s El Paso Division, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation, Chief Patrick Gallagher of the Las Cruces Police Department, and Dona Ana County Sheriff Enrique “Kiki” Vigil.
In announcing the results of the investigation, U.S. Attorney John C. Anderson said, “The charges filed and drugs seized as the result of this investigation illustrate the success of our District’s collaborative efforts to root out drug traffickers who operate in our communities. My Office is proud to work with our federal, state, county and local law enforcement partners to safeguard families in Las Cruces and throughout New Mexico.”
“Yesterday’s arrests show the value of information sharing and coordination with our federal, state, and local law enforcement partners to target criminal organizations that are responsible for the drug-related violence in our communities,” said Special Agent in Charge Kyle W. Williamson of DEA’s El Paso Division. “By working together to reduce drug trafficking and use across the nation, we are making our communities safer and our families stronger.”
“The success of yesterday’s enforcement action exemplifies HSI’s commitment to work with its law enforcement partners to disrupt and dismantle transnational drug trafficking organizations in our community,” said Acting Special Agent in Charge Jack P. Staton of HSI El Paso. “These DTOs not only deal drugs; they commit violent crimes and wreak havoc in our neighborhoods.”
“It takes coordination, hard work and dedication to take down transnational drug trafficking organizations with each agency contributing its own expertise to the investigation. IRS-CI will continue to work with its law enforcement partners to protect the residents of New Mexico from drug trafficking organizations,” stated Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation.
“The Las Cruces Police Department is honored to work alongside our counterparts, from local and federal agencies, to help eradicate harmful drug operations that are poisoning our communities,” said Las Cruces Police Chief Patrick Gallagher. “We believe our actions will have a significant impact on drug trafficking organizations working locally and regionally.”
“There is no greater purpose for the Sheriff’s Department than to ensure the safety of our children,” said Dona Ana County Sheriff Enrique “Kiki” Vigil. “Yesterday’s joint effort to take drugs and criminals off the street is a continuation of that mission, and our community is better for it.”
The charges against the defendants, which are contained in five separate federal indictments, are the result of an investigation that began in April 2017, and initially targeted Eulalio Valentin Chavez, 31, of Las Cruces, the leader of a drug trafficking organization that allegedly distributed cocaine, heroin, and methamphetamine in Las Cruces. The investigation expanded to include four other drug trafficking organizations that allegedly imported cocaine, heroin, and methamphetamine from Mexico, and distributed the drugs in the Las Cruces, N.M., and El Paso, Tex., area, as well as transported drugs as far east as Tennessee and South Carolina. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, 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.
Based on the investigation, a federal grand jury returned five indictments on April 18, 2018, charging 15 defendants with federal drug trafficking, money laundering and firearms offenses. The indictments generally allege that the defendants conspired to violate the federal narcotics trafficking laws and violated the federal narcotics laws in Dona Ana County, N.M., and elsewhere. The indictments also charge certain of the defendants with money laundering and firearms offenses. Four of the indictments include overt acts that describe the DTOs’ alleged operations, including the quantities of drugs allegedly routinely distributed by the DTOs and the broad geographic scope of one of the DTO’s distribution network. The final defendant was arrested during yesterday’s enforcement operation and will be charged in a criminal complaint with drug trafficking and money laundering offenses that will be filed today.
Fourteen of the 16 defendants charged as the result of the investigation were arrested during yesterday’s law enforcement operation. The two remaining defendants were already in custody and will be transferred to federal court to face the charges against them.
The defendants arrested yesterday will make their initial appearances in federal court in Las Cruces today, April 26, 2018, at 10:30 a.m. The defendants will remain in federal custody pending arraignment and detention hearings, which are scheduled for May 1, 2018, in Las Cruces federal court.
These cases were investigated by the DEA, HSI, IRS, U.S. Border Patrol, the Las Cruces Police Department and the Dona Ana County Sheriff’s Office. The FBI, U.S. Marshals Service, New Mexico State Police, Hatch Police Department and New Mexico Air National Guard assisted with yesterday’s law enforcement operation. Assistant U.S. Attorneys Selesia Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.
SUMMARY OF CHARGES IN INDICTMENTS
INDICTMENT: United States v. Jose I. Caro, et al., 18-CR-1251
Count 1 of the Indictment charges Jose I. Caro and Eulalio V. Chavez with participating in a cocaine trafficking conspiracy. If convicted on this count, each faces a statutory penalty of a mandatory minimum of five years and a maximum of 40 years in prison and a $5 million fine.
Count 2 charges Chavez with distributing cocaine. If convicted on this count, he faces a statutory penalty of a maximum of 20 years in federal prison and a $1 million fine.
Counts 4 to 7 and 9 charge Caro and Chavez with distributing cocaine. If convicted on this count, each faces a statutory penalty of a maximum of 20 years in federal prison and a $1 million fine.
Counts 3 and 8 charge Caro and Chavez with using communication facilities to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.
Jose I. Caro, 33, of Las Cruces, was arrested yesterday in Las Cruces.
Eulalio V. Chavez, 32, of Las Cruces, was arrested yesterday in Las Cruces. Chavez also is charged in United States v. Grado, et al., 18-CR-1254, and United States v. Ordonez, et al., 18-CR-1255.
INDICTMENT: United States v. Fidel Gonzales, et al., 18-CR-1252
Count 1 of the Indictment charges all six defendants with participating in a heroin and cocaine trafficking conspiracy. If convicted, two of the defendants face a statutory penalty of a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine, and the other four defendants face a maximum statutory penalty of 20 years of imprisonment and a $1 million fine.
Count 2 charges certain four defendants with participating in an international money laundering conspiracy. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $500,000 fine.
Counts 3 to 9, 11, 12, 16 and 17 charge certain defendants with using communication facilities to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.
Counts 10 charges four defendants with international money laundering offenses. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $500,000 fine.
Counts 13 and 14 charge two defendants with distributing cocaine. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.
Count 15 charges one defendant with possession of cocaine with intent to distribute. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.
Charges against Defendants
Fidel Gonzales, 36, of Las Cruces, is charged in Counts 1, 2, 3, 4,6, 7, 8, 9, 10, 11, 13, 16, and 17 of the indictment. Gonzales was arrested yesterday in Las Cruces.
Brian Estrada, 36, of Las Cruces, is charged in Counts 1, 2, 3, 4, 5, 6, and 7 of the indictment. Estrada was arrested yesterday in Las Cruces.
Brian Nevarez, 33, of Las Cruces, is charged in Counts 1, 5, 12, and 14 of the indictment. Nevarez was yesterday in Las Cruces.
Barbara Lozoya Michel, 64, of El Paso, Texas, is charged in Counts 1, 2, 9, 10, and 16 of the indictment. Michel was arrested yesterday in El Paso.
Orlando Bustillos, 27, of Las Cruces, is charged in Counts 1, 12, and 15 of the indictment. Bustillos was arrested yesterday in Las Cruces.
Fidel M. Ortiz, 54, of Las Cruces, is charged in Counts 1, 2, 10, 11, and 17 of the indictment. Ortiz was arrested yesterday in Las Cruces.
INDICTMENT: United States v. Martin Montelongo-Salas et al., 18-CR-1253
Count 1 of the indictment charges Martin Montelongo-Salas and Giovanni Melero with participating in a heroin trafficking conspiracy.
Count 2 of the indictment charges Montelongo-Salas and Melero with distributing heroin.
Count 3 of the indictment charges Montelongo-Salas and Melero with possession heroin with intent to distribute.
If convicted on Counts 1, 2 or 3, Montelongo-Salas and Melero each face a statutory penalty of a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine.
Melero is charged in Count 4 with possession of cocaine with intent to distribute. If convicted on this count, Melero faces a statutory penalty of a maximum of 20 years of imprisonment and a $1 million fine.
Count 5 charges Melero with carrying a firearm during and in relation to a drug trafficking crime. If convicted on this count, Melero faces a statutory penalty of a mandatory five years of imprisonment, consecutive to any other sentence imposed in this case.
Count 6 of the indictment charges Melero with being a felon in possession of a firearm. Melero is prohibited from possessing firearms or ammunition because of his prior felony convictions. If convicted on this count, Melero faces a statutory penalty of a maximum of ten years of imprisonment and a $250,000 fine.
Martin Montelongo-Salas, 31, of Las Cruces, was arrested yesterday in Las Cruces.
Giovanni Melero, 31, of Las Cruces, is in custody at the Dona Ana County Detention Center and will be transferred to federal court to face the charges against him.
INDICTMENT: United States v. Alonso P. Grado, Jr., et al., 18-CR-1254
Count 1 of the indictment charges four defendants with participating in a heroin and methamphetamine trafficking conspiracy. If convicted the defendants face a statutory penalty of a mandatory minimum of ten years and a maximum of life of imprisonment and a $10 million fine.
Counts 2 to 4, 6, 7, and 9 to 13 of the indictment charge certain defendants with using communication facilities to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.
Count 5 of the indictment charges certain defendants with distributing heroin. The maximum statutory penalty for a conviction on this count is a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine.
Count 8 charges certain defendants with distributing methamphetamine. The maximum statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life of imprisonment and a $10 million fine.
Charges against Defendants
Alonso P. Grado, Jr., 40, of Deming, N.M., is charged in Counts 1, 8, and 12 of the indictment. Grado was arrested yesterday in Las Cruces.
Rene Verdugo, 44, of Las Cruces, is charged in Counts 1, 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of the indictment. Verdugo is currently in federal custody and pending disposition on a supervised release violation for a prior felony conviction. Verdugo is also charged in United States v. Ordonez, et al., 18-CR-1255.
Stephan E. Morales, 35, of Las Cruces, is charged in Counts 1, 4, 5, 9, 11, and 13 of the indictment. Morales was arrested yesterday in Las Cruces.
Eulalio V. Chavez is charged in Counts 1 to 8 and 10 of the indictment. Chavez is also charged in United States v. Caro, et al., 18-CR-1251, and United States v. Ordonez, et al., 18-CR-1255.
INDICTMENT: United States v. Savannah J. Ordonez, et al., 18-CR-1255
Count 1 of the indictment charges four defendants with participating in a methamphetamine trafficking conspiracy. If convicted, the four defendants each face a maximum statutory penalty of 20 years of imprisonment and a $1 million fine.
Counts 2 and 3 of the indictment charges two defendants with using communication facilities to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.
Counts 4 and 5 of the indictment charge two defendants with distributing methamphetamine. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.
Count 6 of the indictment charges one defendant with possession of methamphetamine with intent to distribute. The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years and a $1 million fine.
Charges against Defendants
Savannah J. Ordonez, 33 of Las Cruces, is charged in Counts 1, 3, and 4 of the indictment. Ordonez was arrested yesterday in Las Cruces.
Eulalio V. Chavez is charged in Counts 1 and 2 of the indictment. Chavez was arrested yesterday in Las Cruces. Chavez is also charged in United States v. Caro, et al., 18-CR-1251, and United States v. Grado, et al., 18-CR-1254.
Verdugo is charged in Counts 1 to 3, and 5 of the indictment. Verdugo is also charged in United States v. Grado, et al., 18-CR-1254.
Dierdre Gonzalez, 47, of Garfield, N.M., is charged in Counts 1 and 5 of the indictment. Gonzalez was arrested yesterday in Garfield.
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.