District of New Mexico
Press releases recorded for this federal judicial district.
Zia Pueblo Man Sentenced to Prison for Domestic Assault by a Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Terrence Shije, 37, an enrolled member and resident of Zia Pueblo, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to a year and a day in prison for his conviction on a domestic assault by a habitual offender charge. Shije will be on supervised release for three years after completing his prison sentence.
Shije was arrested on June 2, 2017, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on May 16, 2017. According to the complaint, Shije caused the victim to suffer bruising and swelling to her face.
Shije was indicted on June 28, 2017, and was charged with assault of an intimate partner resulting in substantial bodily injury and domestic assault by a habitual offender. According to the indictment, Shije committed the crime on May 16, 2017, on Zia Pueblo in Sandoval County, N.M. Shije was charged as a habitual offender based on his two prior domestic violence convictions in the Pueblo of Zia Tribal Court in June 2015 and Aug. 2016.
On Oct. 6, 2017, Shije pled guilty to Count 2 of the indictment charging him with domestic assault by a habitual offender. In entering the guilty plea, Shije admitted that on May 16, 2017, he assaulted the victim by slapping her face and punching her eye because he did not want her to leave the residence. Shije further admitted that as the result of the assault, the victim, who was then pregnant, suffered swelling, bumps and bruising near her eye and eye socket. Shije also admitted that he previously had been convicted on battery on a household member charges in Zia Tribal Court in June 2015 and Aug. 2016.
This case was investigated by the Southern Pueblos Agency of the BIA, Office of Justice Services. The case was prosecuted by Assistant U.S. Attorney Kyle T. Nayback and Special Assistant U.S. Attorney Lucy B. Solimon 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.
Two Women Sentenced for Federal Drug Trafficking Convictions Arising Out of Seizure of Five Pounds of HeroinRead the Press Release
ALBUQUERQUE – Today in federal court in Albuquerque, N.M., two women were sentenced for their convictions on drug trafficking charges arising out of the seizure of five pounds of heroin. Tabitha Marie Ochoa, 30, of Merced, Calif., was sentenced to 36 months in prison followed by three years of supervised release, and Maryhelen Princess Ochoa, 32, a U.S. citizen residing in Sonora, Mexico, was also sentenced to 36 months in prison followed by three years of supervised release.
Tabitha Marie Ochoa and co-defendant Maryhelen Princess Ochoa, were arrested in Feb. 2017, after law enforcement officers found nine bundles of heroin weighing approximately 2387 grams (5.26 pounds) in their vehicle during a routine traffic stop. According to the complaint, the traffic stop took place on Jan. 30 and 31, 2017, in Cibola County, N.M.
On May 19, 2017, Tabitha Marie Ochoa pled guilty, and on Aug. 24, 2017, Maryhelen Princess Ochoa pled guilty. Both entered guilty pleas to felony informations charging them with possession of heroin with intent to distribute. In entering the guilty pleas, Tabitha Marie Ochoa and Maryhelen Princess Ochoa admitted possessing approximately 2,387 grams (5.26 pounds) of heroin in a safe that was seized from the vehicle in which they were traveling on Jan. 31, 2017. Tabitha Marie Ochoa and Maryhelen Princess Ochoa further admitted that they were being paid to deliver the heroin to another person.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Elaine Y. Ramirez prosecuted the cases 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.
San Ildefonso Pueblo Man Sentenced to Prison for Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Jordan Roybal, 26, an enrolled member of the San Ildefonso Pueblo who resides in Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison for assaulting a federal officer. Roybal will be on supervised release for three years after completing his prison sentence.
Roybal was arrested on March 3, 2017, on a criminal complaint charging him with assaulting a federal officer. According to the criminal complaint, Roybal was arrested on tribal charges on Nov. 21, 2016, after he assaulted a law enforcement officer of the Bureau of Indian Affairs (BIA). Roybal committed the assault on San Ildefonso Pueblo in Santa Fe County, N.M., by resisting arrest and challenging the officer to fight. During the assault, Roybal bit the officer on the wrist. The officer also sustained skinned knees, a scrape on his left hand, swelling of his right knee and soreness to his left wrist as the result of the assault.
Roybal was subsequently charged in a two-count indictment on March 28, 2017, with assaulting a federal officer on Nov. 21, 2016 in Santa Fe County, and assaulting a federal officer on Jan. 26, 2017, in Rio Arriba County, N.M.
On July 18, 2017, Roybal pled guilty to Count 1 of the indictment charging him with assaulting a federal officer. In entering the guilty plea, Roybal admitted that on Nov. 21, 2016, he assaulted a BIA officer while the officer was attempting to arrest him on tribal offenses by lying about his identity, cursing at the officer, resisting arrest, throwing his elbow into the officer, biting the officer, and verbally threatening the officer.
This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Elisa Dimas prosecuted the case.
Bobby Willis Sentenced to Two Years in Federal Prison for Wire Fraud Conviction Arising Out of Million Dollar Fraud SchemeRead the Press Release
ALBUQUERQUE – Bobby Willis, 45, a resident of Kirtland, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 24 months in prison followed by three years of supervised release for his conviction on wire fraud charges. The court will be scheduling a hearing to determine the amount of restitution Willis will be required to pay to the victims of his fraudulent conduct.
Willis was charged in a two-count indictment filed on Oct. 20, 2015, alleging that, from March 2010 through Aug. 2011, he executed an illegal scheme to defraud two victims out of a $1,000,000.00. According to the indictment, Willis offered the victims an opportunity to purchase a five-percent interest in a real estate investment company for $1,000,000.00 with the understanding that he and other individuals had also invested millions of dollars in the company. Willis then spent the victims’ money instead of investing the funds.
Count 1 of the indictment alleges that on Oct. 25, 2010, Willis caused $900,000.00 to be wire transferred from the bank account of the real estate investment company to his and his wife’s bank account. Count 2 alleges that on Nov. 12, 2010, Willis caused another $95,000.00 to be wire transferred from the real estate investment company’s bank account to his and his wife’s bank account.
On July 12, 2017, Willis pled guilty to the two-count indictment. In entering the guilty plea, Willis admitted meeting the victims in 2010 and devising a plan to cause the victims to give him $1,000,000.00 to invest in a real estate LLC created by Willis. Willis further admitted directing the victims to work with his associates to invest the money in a real estate company. That same real estate company transferred $995,000.00 into an account held by Willis and his wife on Oct. 25, 2010 and Nov. 18, 2010.
In his plea agreement, Willis admitted that he and his wife spent the victims’ money. Willis also admitted that he did not invest the victims’ money in any real estate, and when the victims inquired about the status of their investment, he had associates falsely assure the victims that their investment had grown in value.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney C. Paige Messec.
Taos County Businessman Sentenced to Prison for Federal Tax Conviction and Ordered to Pay $182,771 in RestitutionRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation announced the sentencing of a Taos County businessman for his federal tax conviction.
Robert Baños, 46, of Red River, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to 15 months of imprisonment followed by one year of supervised release. Baños also was ordered to pay $182,771 in restitution to the IRS, which covers the amount involved in the criminal activity charged in the indictment as opposed to the amount involved in the crime of conviction.
Baños is the owner and operator of the Old Tymer’s Café and Bighorn Sports and Rental, both of which are located in Red River in Taos County, N.M. Baños was indicted on April 12, 2016, and charged with five counts of filing false tax returns. The indictment charged Baños with violating the federal tax laws during five tax years – 2009 through 2013 – by filing tax returns that failed to report his true income. During each of those tax years, Baños falsely reported that he had a negative income in the individual income tax returns he filed with the IRS.
On March 3, 2017, Baños pled guilty to Count 5 of the indictment charging him with making and subscribing a false tax return for tax year 2013. In entering the guilty plea, Baños admitted that during tax years 2009 through 2013, he underreported his businesses’ true income to a tax return preparer knowing the tax return preparer would rely on this false information to prepare and submit Baños’ tax returns. Baños also acknowledged signing, under penalty of perjury those tax returns, which he knew to be materially false for the purpose of evading federal income taxes.
This case was investigated by the Albuquerque office of IRS Criminal Investigation and was prosecuted by Assistant U.S. Margaret M. Vierbuchen.
Non-Indian Sex Offender from Vanderwagon Sentenced for Sexual Abuse and Kidnapping of Navajo ChildrenRead the Press Release
ALBUQUERQUE – William Detwiler, 68, a non-Indian who resides in Vanderwagon, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 150 months in prison followed by five years of supervised release for his conviction on child sexual abuse and kidnapping charges. Detwiler will be required to register as a sex offender after completing his prison sentence.
The sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and New Mexico State Police Chief Pete N. Kassetas.
Detwiler, who has a prior conviction for criminal sexual contact with a minor, was arrested on May 31, 2016, on a four-count indictment, charging him with two counts of aggravated child sexual assault and two counts of kidnapping. According to the indictment, Detwiler kidnapped an Indian child under the age of 16 years and sexually abused the victim on two occasions between Nov. 2013 and June 2014. Detwiler was charged with committing the four crimes on the Navajo Indian Reservation in McKinley County, N.M.
On Aug. 11, 2016, Detwiler pled guilty to a felony information charging him with abusive sexual contact and kidnapping. In entering the guilty plea, Detwiler admitted that in Nov. 2013, he engaged in sexual contact with the victim and acknowledged that the victim was under the age of 16 years. Detwiler further admitted that on a date between Aug. 1, 2014 and Sept. 30, 2014, he kidnapped a different Indian child under the age of 16 years.
This case was investigated by the Gallup office of the FBI and the New Mexico State Police. It was prosecuted by Assistant U.S. Attorneys Nicholas Marshall and Novaline D. Wilson 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 is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” 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 convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates under this initiative.
New York Man Sentenced to Prison for Trafficking PCP in New MexicoRead the Press Release
ALBUQUERQUE – Taylor Overton Foster, 28, of White Plains, N.Y., was sentenced today in federal court in Albuquerque, N.M., to 46 months in prison followed by three years of supervised release for his conviction on a phencyclidine (PCP) trafficking offense.
The DEA arrested Foster on Feb. 8, 2017, after seizing seized approximately 508.9 grams (1.12 pounds) of PCP from him during an interdiction investigation at the Amtrak Train Station in Albuquerque. Thereafter Foster was charged by criminal complaint with possessing PCP with intent to distribute on Feb. 8, 2017, in Bernalillo County, N.M. Foster subsequently was indicted on Feb. 28, 2017, on the same charge.
On July 14, 2017, Foster pled guilty to a felony information charging him with possession of PCP with intent to distribute. In entering the guilty plea, Foster admitted transporting PCP to Albuquerque on the Amtrak train on Feb. 8, 2017. Foster further admitted that a DEA agent discovered the PCP in a leaking bottle inside Foster’s backpack.
This case was investigated by the DEA Albuquerque District Office. Assistant U.S. Attorney Eva Fontanez prosecuted the case.
Navajo Man from Red Mesa, Utah, Sentenced to Prison for Federal Involuntary Manslaughter Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Lelander Mays, 32, an enrolled member of the Navajo Nation who resides in Red Mesa, Utah, was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 37 months in prison followed by three years of supervised release for his conviction on an involuntary manslaughter charge.
Mays was arrested in Dec. 2016, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Mays killed a man when Mays crashed his vehicle on Dec. 6, 2016, on the Navajo Indian Reservation in San Juan County, N.M. At the time of the crash, Mays was driving under the influence of alcohol and the victim, who was a passenger in Mays’ vehicle, was thrown from the vehicle.
Mays was subsequently indicted on Dec. 20, 2016, and charged with involuntary manslaughter. On June 7, 2017, Mays pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Farmington office of the FBI, the Navajo Nation Division of Public Safety and the New Mexico State Police. Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.
Las Cruces Man Sentenced to 140 Months in Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Joshua Nestle, 26, of Las Cruces, N.M., was sentenced yesterday in federal court to 140 months in prison for his conviction on methamphetamine trafficking charges. Nestle will be on supervised release for four years after completing his prison sentence.
Nestle and co-defendant Joclyn Telles, 35, also of Las Cruces, were arrested in Feb. 2017, and were charged by criminal complaint with conspiracy and possession of a controlled substance with intent to distribute. The complaint also charged Nestle with being a felon in possession of a firearm and with using and carrying a firearm in relation to a drug trafficking crime. According to the criminal complaint, the defendants committed the crimes on June 29, 2016, in Dona Ana County, N.M. Law enforcement officers arrested Nestle and Telles on outstanding arrest warrants following a traffic stop, and during a search incident to the arrests, found approximately 2.6 ounces of methamphetamine and a firearm in the vehicle.
On June 7, 2017, Nestle pled guilty to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering the guilty plea, Nestle admitted that on June 29, 2016, he conspired with others to violate the federal drug trafficking laws. He also admitted possessing the 2.6 ounces of methamphetamine found in his vehicle and acknowledged that he intended to distribute the drugs to others. Nestle further admitted that on March 9, 2017, he possessed a controlled substance while he was incarcerated at the Dona Ana County Detention Center.
Telles was indicted on June 21, 2017, and charged with conspiracy and possession of methamphetamine with intent to distribute. She entered a guilty plea to the indictment on July 18, 2017, without the benefit of a plea agreement. At sentencing, Telles faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison. She remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Felon Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Anderson Humphrey, 34, of Albuquerque, N.M., pled guilty today in federal court to being a felon in possession of firearms and ammunition. Under the terms of his plea agreement, Humphrey will be sentenced to 80 months in federal prison followed by a term of supervised release to be determined by the court.
Humphrey was charged by criminal complaint filed on May 26, 2016, with being felon in possession of a firearm and ammunition on May 23, 2016, in Bernalillo County, N.M. According to the complaint, Albuquerque Police Department (APD) officers located ammunition in Humphrey’s pocket and a firearm and ammunition in Humphrey’s vehicle incident to Humphrey’s arrest for an active warrant for aggravated assault with a deadly weapon, intimidation of a witness and kidnapping a victim.
Humphrey was subsequently indicted on Sept. 13, 2016, and charged with being a felon in possession of a firearm and ammunition on May 23, 2016, in Bernalillo County. According to the indictment, Humphrey was prohibited from possessing firearm or ammunition because of his prior felony convictions for unlawful possession of cocaine, burglary of a building, unlawful conspiracy to deliver cocaine and unlawful delivery of cocaine.
Humphrey was arrested on the federal charges in Sept. 2017, after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges later were dismissed in favor of federal prosecution.
During today’s proceedings, Humphrey entered a guilty plea to the indictment and admitted that on May 23, 2016, he was in possession of a firearm and ammunition despite his status as a convicted felon. Humphrey remains 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 Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Prior Sex Offender from Silver City Sentenced to 25 Years for Child Exploitation and Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Michael Ray Sepulveda, 39, of Silver City, N.M., was sentenced yesterday afternoon in Las Cruces, N.M., federal court to 25 years in prison followed by a lifetime of supervised release for his conviction on federal child exploitation and child pornography charges. Sepulveda will be required to continue to register as a sex offender after he completes his prison sentence.
The sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Sheriff Raul D. Villanueva of the Grant County Sheriff’s Office.
Sepulveda, who previously was convicted on state child sexual abuse charges in California, was prosecuted under a federal anti-violence initiative that targets the “worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
“The U.S. Attorney’s Office is committed to working with its federal and local law enforcement partners to investigate and prosecute child exploitation offenses and ensure that those who prey on the most vulnerable among us are brought to justice,” said Acting U.S. Attorney James D. Tierney. “Those who attempt to hide behind fake profiles on social media would do well to heed this warning: you will be discovered, caught, and prosecuted.”
“This sexual predator is looking at spending a very long time in prison. We hope this case sends a strong message that you won’t be able to hide behind a computer screen when you victimize children,” said Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI. “The FBI worked closely with Homeland Security Investigations and the Grant County Sheriff’s Office on this case, and we congratulate the U.S. Attorney’s Office on a successful prosecution.”
“This investigation is another example of how today’s child predators aren’t always in the same room with their victims,” said Jack P. Staton, Acting Special Agent in Charge of HSI El Paso. “There is no room in our communities for criminals who prey on our children, and our goal is to continue to identify, arrest and pursue prosecution of individuals who commit such heinous crimes.”
Sepulveda was arrested on Oct. 28, 2016, on a criminal complaint charging him with enticing a child to engage in sexual activity and to produce child pornography, which was transmitted in interstate commerce. According to the criminal complaint, Sepulveda committed these crimes between July 2015 and Nov. 2015. Court filings reflect that law enforcement authorities began investigating Sepulveda in the summer of 2016, immediately after learning about his crimes while investigating other conduct.
According to the criminal complaint, Sepulveda used an online social networking website to engage in sexually explicit communications with an underage minor (victim) between July 2015 and Nov. 2015. In these communications, Sepulveda, who pretended to be a 16-year-old girl, sent sexually explicit photographs to the victim and persuaded the victim to send him sexually explicit photographs of the victim to Sepulveda. Sepulveda also attempted unsuccessfully to meet with the victim for the purpose of engaging in sexual activity.
On May 24, 2017, Sepulveda pled guilty to a felony information charging him with child exploitation and receipt of child pornography. In entering the guilty plea, Sepulveda admitted that between July 29, 2015 and Nov. 15, 2015, he attempted to persuade the minor victim to produce pornographic images of the victim and attempted to meet the victim to engage in sexual activity through a social media website. Sepulveda further admitted that while communicating with the victim, Sepulveda claimed to be a teenage female. Sepulveda admitted sending the victim images of female genitalia and heterosexual pornography and having sexually explicit conversations with the victim in an effort to induce the victim to produce child pornography for Sepulveda. According to the plea agreement, between July 29, 2015 and Nov. 15, 2015, in response to Sepulveda’s requests for sexually explicit photos of the victim, the victim sent five pornographic images depicting the victim to Sepulveda.
Under the terms of his sentencing, Sepulveda is prohibited from using or accessing the social media website he used to facilitate his criminal activity, and if Sepulveda wishes to become a member of, visit, or access any other social media website he must seek prior approval from his probation officer. Sepulveda also was ordered to pay $15,000 in restitution to the victims of his crimes.
This case was investigated by the Las Cruces offices of FBI and HSI and the Grant County Sheriff’s Office. Assistant U.S. Attorney Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico 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 Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Navajo Man from Arizona Sentenced for Assaulting Federally Commissioned Tribal Officer in New MexicoRead the Press Release
ALBUQUERQUE – Michael Nakai, 33, an enrolled member of the Navajo Nation who resides in Red Valley, Ariz., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 12 months in prison for assaulting a federal officer. Nakai will be on supervised release for three years after completing his prison sentence.
Nakai was charged by criminal complaint in Oct. 2016, with assaulting a tribal police officer of the Navajo Nation Division of Public Safety who was commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. According to the complaint, Nakai assaulted the officer by kicking the officer in the face during a traffic stop. Nakai subsequently was indicted on Nov. 15, 2016, and was charged with assaulting a federal officer on Oct. 9, 2016, in San Juan County, N.M.
On Nov. 8, 2017, Nakai pled guilty to the indictment. In entering the guilty plea, Nakai admitted that on Oct. 9, 2016, he assaulted a federal officer by kicking and striking the officer in the head while the officer was arresting him for driving under the influence of alcohol.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Michael D. Murphy prosecuted the case.
Tony Torrez Sentenced to 101 Months for Federal Drug Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Tony Derrick Torrez, 34, of Albuquerque, N.M., was sentenced today in federal court to 101 months of incarceration for his conviction on drug trafficking and firearms charges. Torrez will be on supervised release for five years after completing his prison sentence. Torrez’ federal sentence will run consecutive to the 16-year sentence Torrez already is serving on a state conviction. During today’s sentencing hearing, Torrez also was ordered to forfeit to the United States $64,000.00 in drug proceeds, firearms and ammunition seized during the investigation of the federal case.
Torrez’s federal sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Karen I. Flowers of the El Paso Division of the DEA, Special Agent in Charge John J. Durastanti, Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD).
“The federal law enforcement community responded to the tragic, senseless death of an innocent child by doing its part to ensure that Tony Torrez spent as much time as possible behind prison walls to contemplate the impact of his actions,” said Acting U.S. Attorney James D. Tierney. “Whether it was shooting into a moving vehicle, or selling drugs in our neighborhoods, Mr. Torrez’ actions endangered our kids, and the federal law enforcement community is working hand-in-hand with the Albuquerque Police Department to keep our kids safe.”
“The sentencing today of Tony Torrez sends a message to all who continually engage in violent criminal activity and the distribution of illegal drugs: we will work together with our federal and state and local counterparts to see that anyone involved in violence and this illicit trade will be brought to justice,” said DEA Special Agent in Charge Karen I. Flowers.
“Today’s sentencing of Tony Torrez sends a loud and clear message to the worst of the worst offenders that too often plague our communities. Our goal is simple, to put violent, repeat offenders such as Torrez, behind bars for as long as possible, and keep them from interacting with the good people of New Mexico,” said ATF Special Agent in Charge John J. Durastanti. “ATF will continue to work with our law enforcement partners to target armed violent criminals who spread violence on the streets of Albuquerque, and in doing so we will make our community a safer place for all.”
“It is important for the community to know that offenders like Tony Torrez are being held accountable for their crimes,” said APD Chief Michael Geier. “Our partnership with federal law enforcement agencies is a critical tool in our effort to keep Albuquerque safe.”
Torrez was charged in a federal criminal complaint in Oct. 2015, with possession of marijuana with intent to distribute, and using and carrying firearms in relation to drug trafficking crimes. The criminal complaint charged Torrez with committing the crimes on Oct. 21 and 22, 2015, in Bernalillo County, N.M. Torrez subsequently was charged in a five-count indictment with possessing marijuana with intent to distribute; maintaining a place for the purpose of distributing controlled substances; possession of cocaine, testosterone and its esters; possession of firearms and ammunition by an illegal drug user; and possessing firearms and ammunition in relation to a drug trafficking crime. The indictment asserted that Torrez committed these five crimes on Oct. 21, 2015, in Bernalillo County.
According to court filings, the federal investigation into Torrez began on Oct. 21, 2015, when APD received a tip about a suspect who shot and killed a child during a road rage incident; the tipster provided a residential address for the suspect. Based on the tip, APD officers conducted surveillance at the residence where they observed a man, subsequently identified as Torrez, load items into a Toyota sedan. APD officers later conducted a traffic stop on the Toyota after a woman drove away from the residence in the Toyota. Shortly thereafter, APD officers conducted a traffic stop on a Lexus sedan that drove away from the residence and identified the driver as Torrez. APD sealed and towed the two vehicles to the APD Crime Lab.
On Oct. 21, 2015, APD executed a state search warrant at the aforementioned residence where they found shoeboxes containing U.S. currency, paraphernalia and other items consistent with the use of marijuana and a substance believed to be “wax,” a concentrated form of THC oil processed from the marijuana plant. Thereafter, the DEA executed a federal search warrant on Torrez’s residence and the two vehicles and seized items and paraphernalia used for distributing marijuana and possibly for the manufacturing THC “wax” and oil. From the vehicles, the officers seized a bag with U.S. currency, marijuana, firearms and ammunition, a bullet-proof vest, a small amount of suspected cocaine, and drug paraphernalia. Court filings indicate that approximately $64,000.00 in cash was seized from Torrez’s residence and vehicles.
On April 27, 2017, Torrez pled guilty to all five counts of the indictment. In his plea agreement, Torrez admitted possessing marijuana in Oct. 2015 that he intended to distribute to others as well as illegal steroids for his personal use. Torrez also admitted possessing several firearms while he was using the illegal steroids to protect himself from the dangers of the drug trafficking business. Finally, Torrez admitted using his residence to store marijuana he sold.
Torrez previously pled guilty in Dec. 2016, to state court charges arising out of the murder of a child during the Oct. 21, 2015 road rage incident, and was sentenced to a 16-year term of imprisonment.
This case was investigated by the Albuquerque offices of the DEA and ATF and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Paul Mysliwiec and Nicholas Ganjei prosecuted the case.
Rio Rancho Felon Pleads Guilty to Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Cory G. Bates, 29, of Rio Rancho, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by unlawfully possessing a firearm.
Bates, whose prior criminal history includes felony convictions for aggravated burglary with a deadly weapon, armed robbery, aggravated battery with a deadly weapon, and cocaine trafficking, is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Bates was arrested in June 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Jan. 9, 2016, in Bernalillo County, N.M. According to the indictment, Bates was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
During today’s change of plea hearing, Bates pled guilty to the indictment and admitted that on Jan. 9, 2016, he possessed a firearm and ammunition despite his status as a convicted felon. At sentencing, Bates faces a statutory maximum penalty of ten years in federal prison. Bates remains 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 Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
California Man Sentenced to Five Years for Federal Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Jamell Damian Harris, Jr., 38, of Los Angeles, Calif., was sentenced this afternoon in federal court in Albuquerque, N.M., to 60 months in prison for his heroin trafficking conviction. Harris will be on supervised release for four years after completing his prison sentence.
The DEA arrested Harris in July 2017, after seizing approximately 470 grams (1.04 pounds) of heroin from him during an interdiction investigation at the Amtrak Train Station in Albuquerque. The criminal complaint setting forth the charge against Harris stated that the heroin was concealed in a suitcase belonging to Harris’ travel companion.
Harris subsequently was indicted on Aug. 8, 2017, and was charged with conspiracy and possession of heroin with intent to distribute on July 13, 2017, in Bernalillo County, N.M.
On Sept. 27, 2017, Harris pled guilty to Count 2 of the indictment charging him with possession of heroin with intent to distribute. In entering the guilty plea, Harris admitted transporting approximately 390.90 grams of heroin from Victorville, Calif., to Albuquerque on the Amtrak train by concealing the heroin inside a shopping bag of men’s clothing in a suitcase belonging to his traveling companion. Harris also admitted that he intended to give the heroin to another individual for further distribution when he reached his final destination of Chicago.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Rumaldo R. Armijo 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.
Albuquerque Man Sentenced to Seven Years for Armed Robbery of Pizza Delivery PersonRead the Press Release
ALBUQUERQUE – Xavior Akina, 21, of Albuquerque, N.M., was sentenced today in federal court to 84 months in prison for violating the Hobbs Act by robbing a pizza delivery person on March 7, 2016. Akina will be on supervised release for three years after completing his prison sentence.
Akina was charged in a three-count indictment filed on May 10, 2016. The indictment charged Akina with two counts of violating the Hobbs Act, the first on March 6, 2016, by robbing a Domino’s Pizza employee at gunpoint, and the second on March 7, 2016, by robbing a Papa John’s Pizza employee at gunpoint. It also charged Akina with brandishing a firearm during the two crimes of violence, and alleged that Akina committed the offenses in Bernalillo County, N.M.
On July 20, 2017, Akina pled guilty to the armed robbery of a Papa Johns pizza delivery person and to brandishing a firearm during the robbery. In entering the guilty plea, Akina admitted that on March 7, 2016, he threatened the victim with a firearm and demanded money from the victim while the victim was delivering pizza.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Eva Fontanez.
Albuquerque Man Sentenced to Prison for Federal Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Richard J. Hall, 32, of Albuquerque, N.M., was sentenced today in federal court to 63 months in prison followed by three years of supervised release for his conviction on a bank robbery charge.
Hall was arrested on April 6, 2017, on a criminal complaint charging him with robbing the Wells Fargo Bank located at 1800 Eubank Blvd. NE, in Albuquerque, on March 30, 2017. According to the complaint, Hall robbed the Wells Fargo Bank by handing a bank teller a note in which he threatened to hurt someone if the bank teller did not give Hall money.
Hall subsequently was indicted on April 26, 2017, on a bank robbery charge. On June 13, 2017, Hall pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of the FBI. Assistant U.S. Attorney George C. Kraehe prosecuted the case.
Santa Fe Cardiologist Pleads Guilty to Obstructing Justice While Awaiting Sentencing on Health Care Fraud ChargeRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and U.S. Marshal Conrad E. Candelaria today announced that Roy G. Heilbron, 54, a cardiologist residing in Santa Fe, N.M., pled guilty in federal court in Albuquerque, N.M., to an obstruction of justice charge. The charge against Heilbron arises out of his alleged attempt to obstruct and impede sentencing proceedings in a pending criminal case.
“The administration of justice depends on the honesty and good faith of all concerned, even those charged with crimes,” said Acting U.S. Attorney Tierney. “In this case, Mr. Heilbron impeded the administration of justice by falsely claiming that he required medical treatment in Costa Rica for the purpose of delaying or avoiding sentencing for committing healthcare fraud. For this, he deserves just punishment.”
“A doctor who cheats Medicare and private insurance companies by billing them for unnecessary tests is a criminal,” said FBI Special Agent in Charge Wade. “When that doctor tries to delay sentencing by lying and making up phony documents, he’s a criminal looking at possibly spending a lot more time in prison. The FBI hopes today’s guilty plea sends a message that we will not allow wrongdoers to avoid paying for their crimes.”
Heilbron was charged on Sept. 6, 2017, in a two-count indictment with making and presenting fraudulent documents regarding his medical condition to a U.S. Probation Officer, and submitting the fraudulent documents for the purpose of postponing or avoiding sentencing in a pending health care fraud prosecution. The indictment alleges that Heilbron committed the two crimes in Bernalillo County, N.M., and elsewhere, between Aug. 3, 2017 and Aug. 7, 2017.
Heilbron previously had pleaded guilty in federal court in Albuquerque, N.M., to a health care fraud charge on Feb. 17, 2017, under a plea agreement recommending a sentence of two years of imprisonment followed by a term of supervised release to be determined by the court.
On Aug. 7, 2017, Heilbron’s attorney filed a motion to continue Heilbron’s sentencing hearing, which was then scheduled for Aug. 28, 2017, to permit Heilbron to begin chemotherapy in Costa Rica for prostate cancer. The motion included two attachments: a one-page “Treatment Protocol for Roy Heilbron” dated Aug. 3, 2017, which purported to detail Heilbron’s alleged prostate cancer diagnosis, and a three-page “Clinical Summary” dated June 24, 2017, which purported to outline a four-cycle chemotherapy treatment plan. The two documents purported to be authored by a physician with offices in San Jose, Costa Rica, and Miami, Fla.
On Aug. 9, 2017, a U.S. Magistrate Judge issued a warrant for Heilbron’s arrest based on a criminal complaint setting forth the same charges as those contained in the indictment. The complaint outlined the FBI’s investigation into the claims made in the “Clinical Summary” and “Treatment Protocol,” and asserted that Heilbron created the two documents himself and that Heilbron was not a patient of the physician whose name appears on the fraudulent documents. According to the complaint, Heilbron allegedly provided the fraudulent documents to his U.S. Probation Officer on Aug. 4, 2017, in support of a request to postpone his sentencing hearing.
During today’s proceedings, Heilbron entered a guilty plea to the obstruction of justice charge of the indictment. According to the plea agreement, Heilbron acknowledged that he previously pled guilty to a health care fraud charge on Feb. 17, 2017, and had a sentencing hearing on Aug. 28, 2017. In entering his guilty plea, Heilbron admitted that on Aug. 4, 2017, he sent his Probation Officer an email requesting to postpone his sentencing hearing based on the representation that he was scheduled to begin chemotherapy treatments in Costa Rica on Aug. 14, 2017. In support of his request, Heilbron attached a clinical summary and treatment protocol purportedly authored by Heilbron’s physician. Heilbron further admitted that the email was false and created for the purpose of delaying or avoiding the sentencing hearing on his health care fraud plea, and at the time he made the request for the postponement, he was on vacation in Europe with no intention of beginning chemotherapy treatments in Costa Rica beginning on Aug. 14, 2017.
In entering the guilty plea, Heilbron acknowledged that when he sent the false email, he was on release under a July 1, 2015 order of the U.S. District Court for the District of New Mexico relating to his health care fraud charge that put him on notice on the effect of committing crimes while on presentence release.
At sentencing, Heilbron faces a maximum penalty of 30 years in federal prison, which will run consecutive to the two-year term of term of imprisonment he faces as the result of his guilty plea in the health care fraud case. Heilbron remains in federal custody pending sentencing hearings in in his obstruction of justice and health care fraud cases, which have yet to be scheduled.
The obstruction of justice case was investigated by the Santa Fe and Albuquerque offices of the FBI, with assistance from the Charlotte office of the FBI and the U.S. Marshals Service, and the Santa Fe office of the FBI investigated the health care fraud case. Assistant U.S. Attorneys Jeremy Peña and George C. Kraehe are prosecuting both cases.
Carlsbad Woman Arraigned on Federal Wire Fraud Charges Arising Out of $800,000 Embezzlement SchemeRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, and Eddy County Sheriff Mark Cage announced the arraignment of Lori V. Whitaker, 54, of Carlsbad, N.M., on wire fraud charges at the federal courthouse in Las Cruces, N.M.
Whitaker was arraigned this morning on a 75-count indictment charging her 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 charges Whitaker with 75 counts of wire fraud alleging 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 range from $416.00 to $15,746.64. During today’s arraignment hearing, Whitaker entered a not guilty plea and was released pending trial, which has not been scheduled, under pretrial supervision and other conditions of release.
“This indictment reflects the Justice Department’s commitment to investigate and prosecute fraudulent conduct that adversely impacts the lives of innocent victims,” said Acting U.S. Attorney Tierney.
“The scope of these charges shows the determination of the FBI to work with our partners to make sure justice is done,” said FBI Special Agent in Charge Wade. “I am proud of the FBI agents and staff who worked with the U.S. Attorney’s Office and Eddy County Sheriff’s Office on this case.”
Eddy County Sheriff Cage said, “This indictment brings us another step closer to bringing closure to the people who rely on the Otis water co-op for potable water and irrigation. The Eddy County Sheriff’s Office is grateful to the FBI for partnering with us and applying their resources and expertise to this complex case, and we look forward to continuing to work with the FBI and the U.S. Attorney’s Office as the prosecution moves forward.”
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. The indictment alleges that, 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 alleges 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 allegedly defrauded the Association by using its credit card account for personal purposes unrelated to the Association’s business. To this end, the indictment alleges that Whitaker repeatedly used the credit card to obtain cash advances and initiate other charges at casinos, which she allegedly was not authorized to do. Second, Whitaker allegedly defrauded the Association by paying off credit card balances through frequent, but unauthorized, online transfers from the Association’s payroll account.
The indictment includes forfeiture provisions, which seek forfeiture to the United States of any property or proceeds derived from the crimes charged in the indictment. It also seeks the entry of a money judgment against Whitaker in the amount of $800,000.00.
If convicted, Whitaker faces a maximum statutory penalty of 20 years of imprisonment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.
This 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.
Whitaker IndictmentAlbuquerque Man Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Miller Eugene Francis, 59, of Albuquerque, N.M., pled guilty yesterday afternoon in federal court to violating the Sex Offender Registration and Notification Act (SORNA).
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.
The U.S. Marshals Service arrested Francis in Sept. 2016, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. According to the complaint, Francis was convicted in Massachusetts in 1999, of rape and abuse of a child. According to court documents, Francis registered as a sex offender in Bernalillo County, N.M., beginning in July 2003 until he left the United States in Oct. 2003. The complaint further alleged that Francis reentered the United States in Dec. 2015, and failed to update his sex offender registration in Bernalillo County from May 2016 through Aug. 2016, as required.
Francis subsequently was charged by indictment on Oct. 12, 2016, with violating SORNA by failing to update his sex offender registration in Sandoval and Bernalillo Counties, N.M., between April 1, 2016 and Sept. 20, 2016.
During yesterday’s proceedings, Francis pled guilty to the indictment. In entering the guilty plea, Francis admitted that he was convicted in Jan. 1999, of criminal offenses that required him to register under SORNA. Francis further admitted that from Oct. 2003 through Dec. 2015, he resided outside of the United States, and beginning in April 2016, he resided in New Mexico, but failed to update his sex offender registration in New Mexico as required.
At sentencing, Francis faces a maximum penalty of ten years in federal prison followed by a minimum of five years to a lifetime of supervised release. Francis will also be required to register as a sex offender when he completes his prison sentence pursuant to his previous sexual abuse conviction. A sentencing hearing has yet to be scheduled
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Navajo Man from Farmington Sentenced to Twelve Years for Federal Voluntary Manslaughter and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Sage Andrew Yazzie, 21, an enrolled member of the Navajo Nation who resides in Farmington, N.M., was sentenced today in federal court in Santa Fe, N.M., to 144 months in prison for his conviction on voluntary manslaughter and firearms charges. Yazzie will be on supervised release for three years after completing his prison sentence.
Yazzie was arrested on March 10, 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Feb. 23, 2016. According to the criminal complaint, Yazzie entered a residence and shot the victim in the head with a firearm.
Yazzie was indicted on March 23, 2016, and was charged with first-degree murder and with using and carrying a firearm in relation to a crime of violence. According to the indictment, Yazzie committed the offenses on Feb. 23, 2016, in San Juan County.
On June 14, 2017, Yazzie pled guilty to a felony information charging him with voluntary manslaughter and discharging a firearm during a crime of violence. In entering the guilty plea, Yazzie admitted that on Feb. 23, 2016, he entered a residence in Huerfano, N.M., and killed the victim during a sudden quarrel by shooting the victim with a handgun.
This case was investigated by the Farmington office of the FBI, the Navajo Nation Division of Public Safety and the Farmington Police Department and was prosecuted by Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Y. Ramirez.
Felon from Carlsbad Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Paul Jay Harry, 33, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 57 months in prison for being a felon in possession of a firearm. Harry will be on supervised release for three years after completing his prison sentence.
Harry was arrested on Jan. 17, 2017, and was charged by criminal complaint with being a felon in possession of a firearm and ammunition and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR) on May 2, 2016, in Chaves County, N.M. According to the complaint, Harry was arrested on an outstanding warrant for failing to comply with probation following a routine traffic stop. Law enforcement officers subsequently executed a state search warrant on Harry’s vehicle and seized a sawed off rifle, which was not registered to Harry in the NFRTR, ammunition and drug paraphernalia.
Harry was indicted on April 19, 2017, and was charged with being a felon in possession of a firearm. According to the indictment, Harry had a prior burglary conviction.
On May 25, 2017, Harry pled guilty to the indictment and admitted that on May 2, 2016, he possessed a short-barreled rifle. Harry further admitted that he could not legally possess firearms or ammunition because of his convictions in 2009 for vehicle burglary and forgery.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department. Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Albuquerque Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Leroy Gallegos, 58, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for his conviction on a methamphetamine trafficking charge. Gallegos will be on supervised release for four years after completing his prison sentence.
Gallegos was arrested on Oct. 4, 2017, on a criminal complaint charging him with distribution of methamphetamine. According to the complaint, Gallegos sold approximately four ounces of methamphetamine to an undercover law enforcement agent on Aug. 31, 2017, in Bernalillo County, N.M.
Gallegos subsequently was indicted on Oct. 24, 2017, and was charged with distribution of more than 50 grams of methamphetamine. Gallegos pled guilty to the indictment on Nov. 1, 2017, without the benefit of a plea agreement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Albuquerque Felon Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Cesar Rascon Sierra, 27, of Albuquerque, N.M., was sentenced today in Santa Fe, N.M., to 24 months in prison for being a felon in possession of a firearm. Sierra will be on supervised release for three years after completing his prison sentence.
The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Sierra on Feb. 14, 2017, on an indictment charging him with being a felon in possession of firearms and ammunition on Nov. 24, 2015, in Bernalillo County, N.M. According to the indictment, Sierra was prohibited from possessing firearms or ammunition because of his prior felony convictions for auto burglary, unlawful possession of a controlled drug with intent to distribute, and possession of a controlled drug without a tax stamp affixed.
On June 22, 2017, Sierra pled guilty to the indictment. In entering the guilty plea, Sierra admitted that he was in possession of a stolen pistol, a revolver, and multiple rounds of ammunition on Nov. 24, 2015, when police found him asleep and slumped over the steering wheel of his vehicle which was illegally parked facing north in a southbound lane with the car engine running. Sierra acknowledged that he was prohibited from possessing firearms or ammunition on Nov. 24, 2015, because of his prior felony convictions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Previously Deported Mexican National Sentenced to Five Years for Federal Drug Trafficking and Firearms Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Moises Jimenez-Salas, 40, a Mexican national illegally in the United States who previously has been deported three times, was sentenced this morning in federal court in Santa Fe, N.M., to 60 months of imprisonment for his conviction on drug trafficking and firearms charges. Jimenez-Salas will be deported following his prison sentence.
Jimenez-Salas was arrested on May 12, 2016, and was charged in a criminal complaint with possessing methamphetamine and heroin with intent to distribute, and using and carrying a firearm and ammunition in relation to a drug trafficking crime. Court records reflect that on May 11, 2016, detectives of the Bernalillo County Sheriff’s Office (BCSO) responded to a motel at Coors Blvd. NW and Interstate 40 in Albuquerque after receiving a tip about drug trafficking activity occurring at the motel. At the motel, the detectives observed Jimenez-Salas carrying a cardboard box that contained 463 grams of methamphetamine and 16 grams of heroin. During a search incident to arrest, the detectives found a bag containing 21 grams of methamphetamine in Jimenez-Salas’ pocket and a firearm and ammunition on his waistband.
Jimenez-Salas subsequently was charged in a four-count indictment on May 25, 2016. The indictment charged Jimenez-Salas with being an alien illegally in possession of a firearm and ammunition, possessing heroin and methamphetamine with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime. The indictment alleged that Jimenez-Salas committed the crimes on May 11, 2016, in Bernalillo County, N.M.
On June 27, 2017, Jimenez-Salas pled guilty to possession of heroin with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime. In his plea agreement, Jimenez-Salas admitted that on May 11, 2016, he was in possession of a firearm and ammunition, approximately 484 grams of methamphetamine and 16 grams of heroin when he encountered BCSO officers outside of an Albuquerque-area motel. Jimenez-Salas further admitted that he possessed the firearm and ammunition as tools of the drug trafficking trade.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and BCSO and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo 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..
This case is also being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Las Cruces Man Pleads Guilty to Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Guy Bell, 29, of Las Cruces, N.M., pled guilty today in federal court to drug trafficking and firearms charges.
Bell was arrested on Aug. 16, 2017, on an indictment charging him with distributing methamphetamine near a school, being a felon in possession of a firearm, and using and carrying a firearm in relation to a drug trafficking crime. According to the indictment, Bell committed the offenses on Nov. 2, 2016, in Dona Ana County, N.M. Bell was prohibited from possessing firearm or ammunition because he previously has been convicted of larceny of a firearm and tampering with evidence.
During today’s proceedings, Bell pled guilty to a felony information charging him with distribution of methamphetamine near a school, being a felon in possession of a firearm and using and carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Bell admitted that on Nov. 2, 2016, he facilitated the sale of approximately 27 grams of pure methamphetamine between an undercover law enforcement agent and Bell’s source of supply, by driving the agent to the residence of the source of supply, which was approximately 500 feet away from an elementary school. Bell also admitted carrying a loaded pistol during the drug transaction for his protection. Bell acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Bell faces a maximum penalty of 40 years of imprisonment on the drug trafficking charge and a maximum penalty of ten years of imprisonment for being a felon in possession of a firearm. In addition, Bell faces a mandatory penalty of at least five years of imprisonment for using a firearm in relation to a drug trafficking crime and this sentence must be served consecutive to the sentence imposed on the other charges. Bell remains in custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorneys John Balla and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Man Pleads Guilty to a Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Gilberto Garcia, 42, of Las Cruces, N.M., pled guilty this morning in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Garcia was arrested in Oct. 2017, on a criminal complaint charging him with possessing methamphetamine with intent to distribute. According to the complaint, law enforcement officers seized approximately 128 gross grams of methamphetamine from Garcia’s vehicle following a routine traffic stop on May 10, 2017, in Dona Ana County, N.M.
During today’s proceedings, Garcia pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute. In entering the guilty plea, Garcia admitted that on May 10, 2017, Las Cruces Police Department officers seized approximately 80.5 grams of pure methamphetamine from Garcia following a traffic stop on the vehicle Garcia was driving based on a license plate violation. Garcia admitted that he intended to distribute the methamphetamine to others.
At sentencing, Garcia faces a 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.
This case was investigated by the Las Cruces offices of the DEA and FBI and the Las Cruces Police Department. Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Dona Ana County Man Arraigned on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – A federal grand jury has filed an indictment charging Juan Martin Rosales, 48, of Chaparral, N.M., with child pornography offenses, announced by Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, Sheriff Enrique Vigil of the Dona Ana County Sheriff’s Office, Chief Patrick Gallagher of the Las Cruces Police Department and Sheriff Benny House of the Otero County Sheriff’s Office.
The 18-count indictment charges Rosales with 15 counts of producing child pornography and three counts of possessing child pornography. The indictment alleges that Rosales produced child pornography four times on Sept 28, 2016, and 11 times on Sept. 30, 2016. The indictment further alleges that on Oct. 16, 2017, Rosales possessed child pornography on two micro SD cards and a smartphone. According to the indictment, Rosales committed the crimes in Otero County, N.M.
Rosales was arraigned on the indictment in federal court in Las Cruces, N.M., yesterday and entered a not guilty plea. Rosales has been detained since Oct. 2017, when he was arrested on a criminal complaint. He remains in federal custody pending trial, which has not yet been scheduled.
The criminal complaint filed against Rosales in Oct. 2017, charged him with child exploitation and child pornography offenses, and alleged that Rosales sexually exploited children and received and possessed child pornography from Oct. 2015 through Oct 16, 2017, in Dona Ana County, N.M. According to the complaint, the investigation into Rosales was initiated in April 2017, when Rosales’ neighbors went to the Dona Ana County Sheriff’s Office to report that Rosales allegedly possessed a tablet computer containing child pornography. The complaint further alleged that Rosales used a cellular phone to take photographs of children engaged in sexually explicit conduct. During the execution of a search warrant on Oct. 16, 2017, law enforcement agents allegedly recovered numerous SD cards, cellular phones, a tablet computer and other electronic devices from Rosales’ home, which allegedly contained child pornography.
If convicted of producing child pornography, Rosales faces a statutory mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison. If convicted of possessing child pornography, Rosales faces a maximum penalty of 20 years in federal prison. 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 Homeland Security Investigations, the Dona Ana County Sheriff’s Office, Las Cruces Police Department and the Otero County Sheriff’s Office. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more 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 tipline at (575) 526-3437.
58th Defendant Sentenced on Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 84 of these defendants have been convicted, including 83 who have entered guilty pleas, and 57 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Today, Davon Johnson, 44, a resident of Albuquerque, N.M., was sentenced to 60 months of imprisonment for his methamphetamine trafficking conviction. Johnson will be on supervised release for three years after completing his prison sentence.
Johnson was arrested on July 6, 2016, on an indictment charging him with distribution of MDMA on June 9, 2016, in Bernalillo County, N.M. On July 17, 2017, Johnson pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Johnson admitted that on June 9, 2016, he sold approximately 100 pills containing methamphetamine to another individual in exchange for money.
Sixteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
This case was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Presiliano Torrez.
Jemez Pueblo Man Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
Charge
ALBUQUERQUE – Raymond Gachupin, 23, an enrolled member and resident of Jemez Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. Under the terms of his plea agreement, Gachupin will be sentenced within the range of 18 to 78 months in prison followed by a term of supervised release to be determined by the court.
The FBI and Jemez Pueblo Tribal Police Department arrested Gachupin in July 2016, on a criminal complaint charging him with killing a Jemez Pueblo man by suffocating him on July 1, 2016, in Jemez Pueblo in Sandoval County, N.M. Gachupin subsequently was indicted on July 28, 2016, and was charged with second-degree murder.
During today’s proceedings, Gachupin pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, Gachupin admitted that on July 1, 2016, he strangled the victim during a physical altercation. Gachupin further admitted that the victim became unconscious, suffered a cardiac event, and died as the result of Gachupin’s actions. Gachupin remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Jemez Pueblo Tribal Police Department. Assistant U.S. Attorneys Joseph M. Spindle and Elisa Dimas and Special Assistant U.S. Attorney Lucy B. Solimon are prosecuting the case.
Albuquerque Woman Pleads Guilty to Assaulting a Federal Law Enforcement OfficerRead the Press Release
ALBUQUERQUE – Charmaine Peralta, 38, of Albuquerque, N.M., pled guilty today in federal court in to assaulting a federal law enforcement officer.
Peralta was charged in Jan. 2017, by criminal complaint with assaulting a federal officer in Bernalillo County, N.M. According to the complaint, Peralta assaulted a Task Force Officer of the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service by biting the Task Force Officer on the arm resulting in bleeding and bruising, and by kicking the Officer repeatedly in the chest. According to the complaint, Peralta committed the assault when SWIFT Officers were executing an arrest warrant on Peralta for the underlying charge of possession of a controlled substance and she became combative and actively resisted arrest when confronted by the Officers.
Peralta subsequently was indicted on March 14, 2017, and was charged with assaulting and resisting a federal officer involving physical contact on Jan. 19, 2017, in Bernalillo County. During today’s proceedings, Peralta pled guilty to the indictment without the benefit of a plea agreement.
At sentencing, Peralta faces a maximum penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service for the District of New Mexico with assistance from the New Mexico Department of Corrections and is being prosecuted by Assistant U.S. Attorney David M. Walsh.
El Paso, Texas Man Arrested on Federal Child Pornography Charges in New MexicoRead the Press Release
ALBUQUERQUE – Luis Fernando Moreno, 38, of El Paso, Texas, made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with producing and possessing child pornography. Moreno remains in federal custody pending a preliminary hearing and a detention hearing, which are scheduled for Jan. 23, 2018.
The criminal complaint alleges that Moreno produced and possessed 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 an allegation that Moreno allegedly recorded a minor victim with his cellular phone while the minor victim was showering. The complaint further alleges that images and videos of child pornography allegedly created by Moreno and depicting another minor victim were located on Moreno’s cellular phone and laptop computers.
The statutory penalty for a conviction on a production of child pornography charge is a mandatory minimum of 15 years and a maximum of 30 years of imprisonment. The statutory penalty for a conviction on a possession of child pornography charge is a maximum of ten years of imprisonment. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces office of Homeland Security Investigations, 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.
Albuquerque Residents Sentenced to Prison for Federal Fraud, Identity Theft and Theft of Mail ConvictionsRead the Press Release
ALBUQUERQUE – Two residents of Albuquerque, N.M., were sentenced in federal court today for their convictions on conspiracy, fraud, identify theft and theft of mail charges. Katie Carrillo, 27, was sentenced to 25 months of imprisonment followed by three years of supervised release, while her co-defendant Ralph Eastman, 49, was sentenced to 36 months of imprisonment followed by three years of supervised release
Carrillo and Eastman were charged in a 16-count indictment on Aug. 23, 2016, with conspiracy, ten counts of bank fraud, three counts of aggravated identity theft, and two counts of theft of mail. According to the indictment, the defendants committed the offenses from Dec. 2015 through April 2016, in Bernalillo County, N.M., by stealing mail and packages from cluster mailboxes located in apartment complexes. The mail stolen included checkbooks, checks, ATM cards, PIN numbers and personal identifiers of victims, which the defendants allegedly used to commit further crimes.
On Aug. 2, 2017, Eastman pled guilty to the charges against him in the indictment, namely, conspiracy, eight counts of bank fraud, and two counts of theft of mail. Eastman also pled guilty to a felony information charging him with aggravated identify theft. In entering the guilty plea, Eastman admitted that from Dec. 2015 through April 2016, he conspired with Carrillo and others to steal mail and packages for the purpose of obtaining financial information and forms of identification. Eastman also admitted that he and Carrillo altered checks and used them at local businesses in exchange for goods, services and online transactions. In addition, Eastman admitted that he and others used stolen identifications and personal information to facilitate fraudulent transactions. In his plea agreement, Eastman also acknowledged that he and Carrillo stole mail and packages from authorized depositories for the U.S. Postal Service through mailboxes located at an Albuquerque apartment complex on March 9, 2016 and March 12, 2016.
On Aug. 18, 2017, Carrillo pled guilty to conspiracy, two counts of bank fraud, two counts of aggravated identity theft and two counts of theft or receipt of stolen mail. Carrillo entered the guilty plea without the benefit of a plea agreement.
The U.S. Postal Inspection Service, the Albuquerque Police Department and the Sandoval County Sheriff’s Office investigated this case, which was prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Paul Mysliwiec.
Albuquerque Felon Facing Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Daniel Penrod, 29, of Albuquerque, N.M., with violating federal firearms laws by unlawfully possessing a firearm and ammunition. Penrod was remanded into federal custody pending trial which has yet to be scheduled.
Acting U.S. Attorney James D. Tierney, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and U.S. Marshal Conrad E. Candelaria said that Penrod, whose prior criminal history includes felony convictions for 2nd degree murder, receiving or transferring a stolen vehicle, and battery on a police officer will be prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) filed a criminal complaint against Penrod charging him with being a felon in possession of a firearm in Bernalillo County, N.M., on Jan. 17, 2018. According to the criminal complaint, on that date, Deputy U.S. Marshals arrested Penrod on a state felony arrest warrant for a probation violation. During the arrest operation, Penrod allegedly attempted to pull a loaded firearm out of his waistband but dropped the firearm in response to commands from Deputies.
If convicted of the charge in the criminal complaint, Penrod faces maximum penalty of ten years in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the ATF office in Albuquerque and the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service for the District of New Mexico with assistance from the New Mexico Department of Corrections Probation Parole Security Threat Intelligence Unit and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
Prior Felon from Carlsbad Sentenced to Federal Prison for Unlawfully Possessing Firearms and AmmunitionRead the Press Release
ALBUQUERQUE – Nathaniel Eddie Madrid, 40, of Carlsbad, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 57 months in prison for violating the federal firearms laws by unlawfully possessing firearms and ammunition. Madrid will be on supervised release for three years after completing his prison sentence.
Madrid, whose prior criminal history includes felony convictions for possession of a controlled substance, contributing to the delinquency of a minor, breaking and entering, armed robbery with a deadly weapon, and being a felon in possession of a firearm, was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Madrid was arrested on April 18, 2016, on a criminal complaint charging him with being a felon in possession of firearms and ammunition and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR) in Lincoln County, N.M. According to the complaint, law enforcement officers recovered three firearms, ammunition, marijuana and drug paraphernalia from Madrid’s vehicle. A search of the NFRTR also revealed that Madrid did not have any firearms registered in his name.
Madrid subsequently was indicted on Aug. 17, 2016, and charged with being a felon in possession of firearms and ammunition on Oct. 26, 2015, in Lincoln County. According to the indictment, Madrid was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court documents indicate that Madrid was on probation for a conviction for being a felon in possession of firearms and ammunition when he was arrested.
On Jan. 12, 2017, Madrid pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police. Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
El Paso, Texas Man Sentenced to 63 Months for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Christopher Joshua Cortes, 33, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 63 months in prison for his conviction on a methamphetamine trafficking charge. Cortes will be on supervised release for three years after completing his prison sentence.
Cortes was arrested on April 17, 2017, on an indictment charging him with conspiring to distribute methamphetamine from March 2016 through June 2016, and distributing methamphetamine on June 6, 2016. According to the indictment, Cortes committed the offenses in Dona Ana County, N.M. The indictment included forfeiture provisions requiring Cortes to forfeit $6,500, the money involved in the drug transaction, to the United States.
On Aug. 2, 2017, Cortes pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute, and admitted that he voluntarily agreed with others to distribute methamphetamine in Dona Ana County from about March 13, 2016 through June 6, 2016. Cortes further admitted distributing approximately 407 grams of pure methamphetamine to an undercover law enforcement agent on June 6, 2016.
This case was investigated by Homeland Security Investigations and was prosecuted by Special Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Sentenced to 135 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Luciano Garcia, 42, of Albuquerque, N.M., was sentenced yesterday in federal court to 135 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.
Garcia and co-defendants Antonio Marco Bustillos, 43, and Jason Ulibarri, 43, both of Albuquerque, were arrested in Aug. 2017, on a criminal complaint charging them with methamphetamine trafficking and firearms offenses. According to the complaint, Garcia, Bustillos and Ulibarri were arrested after attempting to sell approximately 1.03 kilograms (2.27 pounds) of methamphetamine contained in two bundles to another individual. Incident to his arrest, a fully loaded firearm was allegedly recovered from Bustillos’ rear pocket.
The co-defendants were subsequently charged in a three-count indictment on Aug. 22, 2017. Garcia, Bustillos and Ulibarri were charged with possession of methamphetamine with intent to distribute on Aug. 10, 2017, in Bernalillo County, N.M. Bustillos was charged individually with being a felon in possession of a firearm and ammunition, and possession of a firearm in furtherance of a drug trafficking crime on Aug. 10, 2017, in Bernalillo County. Bustillos was prohibited from possessing firearms of ammunition because he previously had been convicted of robbery.
On Sept. 14, 2017, Garcia pled guilty to Count 1 of the indictment charging him with possession of more than 500 grams of methamphetamine with intent to distribute without the benefit of a plea agreement.
Bustillos and Ulibarri have both entered pleas of not guilty to the charges against them. Charges in complaint and indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
57th Defendant Sentenced on Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 84 of these defendants have been convicted, including 83 who have entered guilty pleas, and 57 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Today, Albuquerque, N.M., resident, Felix Ulibarri, 39, was sentenced to 84 months in prison followed by six years of supervised release for his conviction on a methamphetamine trafficking charge.
Ulibarri was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016. The indictment subsequently was superseded on Aug. 9, 2016, to add Leo Lopez, 29, Joseph Sena, 40, and Jennifer Padilla, 39. The superseding indictment charged Ulibarri and Padilla with participating in a conspiracy to distribute methamphetamine in July 2016; Lopez, Sena and Padilla with participating in a different conspiracy to distribute methamphetamine in July 2016; Ulibarri with distributing methamphetamine on July 11, 2016; and Sena with distributing methamphetamine on July 26, 2016. According to the indictment, the defendants committed the crimes in Bernalillo County. On Aug. 22, 2017, Ulibarri pled guilty to one count of distributing methamphetamine and admitted that on July 11, 2016, he distributed more than 50 grams of methamphetamine to an undercover law enforcement agent.
Ulibarri’s three co-defendants have entered guilty pleas. Padilla pled guilty on Sept. 22, 2017, and was sentenced to 24 months in prison followed by three years of supervised release on Jan. 3, 2018. Lopez pled guilty on March 20, 2017, and was sentenced to 60 months in prison followed by four years of supervised release on June 19, 2017. Sena pled guilty on May 5, 2017, and is pending sentencing.
Sixteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
This case was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Eva Fontanez.
Texas Man Pleads Guilty to Violating Federal Drug Trafficking and Firearms Laws in New MexicoRead the Press Release
ALBUQUERQUE – Nicolas Robert Muniz, 26, of Monahans, Tex., pled guilty this afternoon in federal court in Las Cruces, N.M., to violating federal drug trafficking and firearms laws under a plea agreement with the U.S. Attorney’s Office.
Muniz was charged by criminal complaint on June 5, 2017, after law enforcement officers seized approximately 504 grams of methamphetamine, 50 grams of marijuana, and firearms and ammunition from Muniz’s vehicle following a routine traffic stop. During the traffic stop, Muniz allegedly acted suspicious and nervous causing the officers to deploy a drug detection canine on the vehicle, and the canine allegedly alerted the officers to the presence of controlled substances in the vehicle.
Muniz and his codefendant Michael Dwain Samples, 26, also of Monahans, Tex., were subsequently charged in a six-count indictment on Sept. 13, 2017. Muniz and Samples were charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. Muniz was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime. Samples was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime. According to the indictment, the offenses took place on May 16, 2017, in Lea County, N.M. Samples was prohibited from possessing firearms or ammunition because he was previously convicted of possession of a controlled substance. Muniz was prohibited from possessing firearms or ammunition because he was previously convicted of theft of property.
During today’s proceedings, Muniz pled guilty to a four-count felony information charging him with conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, being a felon in possession of a firearm and ammunition and possession of a firearm in furtherance of a drug trafficking crime. In entering the guilty plea, Muniz admitted that on May 16, 2017, he agreed to drive Samples from Monahans, Texas to Carlsbad, N.M., to purchase approximately 469 grams of methamphetamine. Muniz further admitted that there was a firearm loaded with several rounds of ammunition under Muniz’s seat in the vehicle Muniz was driving. Muniz admitted that he possessed the firearm and ammunition despite his status as a convicted felon on May 16, 2017, for protection and in furtherance of his drug trafficking activities.
On Oct. 31, 2017, Samples pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute and being a felon in possession of a firearm and ammunition. In entering the guilty plea, Samples admitted that on May 16, 2017, he traveled from Monahans, Texas, to Carlsbad, to purchase approximately 469 grams of methamphetamine with the intention of distributing the methamphetamine to other people in exchange for money. Samples further admitted that on May 16, 2017, he was in possession of a firearm and ammunition despite his status as a convicted felon.
At sentencing, Muniz faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison and a mandatory penalty of five years in federal prison which must be serviced consecutive to any other sentence imposed. Samples faces a statutory minimum penalty of ten years and a maximum of life in federal prison. Muniz and Samples remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorneys Brock E. Taylor and Joni L. Autrey of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Prior Felon from Belen Pleads Guilty to Unlawfully Possessing Body Armor and Oxycodone Trafficking ChargesRead the Press Release
ALBUQUERQUE – Barry Romero, 38, of Belen, N.M, pled guilty today in Albuquerque, N.M., to unlawfully possessing body armor and Oxycodone trafficking. Romero’s plea agreement recommends a 96-month term of imprisonment followed by a term of supervised release to be determined by the court.
Romero is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution because of his previous felony convictions for armed robbery, attempt to commit robbery and cocaine trafficking. 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Romero was arrested on Sept. 28, 2016, on a two-count indictment charging him with being a felon in possession of a firearm and ammunition and possession of body armor by a felon who has been convicted of a crime of violence. According to the indictment, Romero committed the crimes on Nov. 10, 2015, in Valencia County, N.M. Romero was prohibited from possessing firearms, ammunition or body armor because of his prior felony convictions.
During today’s change of plea hearing, Romero pled guilty to a felony information charging him with possession of body armor by a felon who has been convicted of a crime of violence and possession of Oxycodone with intent to distribute. In entering the guilty plea, Romero admitted that on Nov. 10, 2015, he was arrested at his residence in Belen, by Deputy U.S. Marshals who had a warrant for Romero’s arrest on a parole violation. During the execution of a search warrant on Romero’s residence incident to his arrest, law enforcement agents located body armor, two handgun cases, ammunition, Oxycodone and drug paraphernalia. Romero further admitted that he possessed the oxycodone with the intent to distribute it to other people. Romero acknowledged that he was convicted of armed robbery in 2005, prior to unlawfully obtaining the body armor. Romero 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 with assistance of the U.S. Marshals Service. Assistant U.S. Attorney Norman Cairns 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.
Georgia Man Sentenced to Prison for Failing to Update Sex Offender Registration in New MexicoRead the Press Release
ALBUQUERQUE – Dustin Blake Otwell, 30, of Gainesville, Ga., was sentenced yesterday in federal court in Santa Fe, N.M., to 299 days in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Otwell will be required to register as a sex offender after completing his prison sentence.
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.
Otwell was charged by indictment on Feb. 7, 2017, with violating SORNA by failing to update his sex offender registration from Aug. 17, 2016 through Jan. 17, 2017, in Colfax County, N.M. On June 22, 2017, Otwell pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Prior Sex Offender from Taos Sentenced to Five Years for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE –Timothy J. Martin, 33, of Taos, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 60 months in federal prison followed by five years of supervised release for his child pornography conviction. Martin will be required to register as a sex offender after completing his prison sentence.
Martin, who has a prior child pornography conviction, was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” 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 with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Martin was arrested on July 29, 2016, on a criminal complaint alleging that he possessed, received and distributed visual depictions of minors engaged in sexually explicit activity between Jan. 2016 and July 2016, in Taos County, N.M. According to the criminal complaint, the investigation into Martin began in Sept. 2015, when HSI agents received a report identifying a shared network that was being used to share child pornography files. On Jan. 3, 2016, investigators identified an IP address subscribed to Martin at Martin’s residential address that was being used to download child pornography files. On July 28, 2016, law enforcement authorities seized a laptop computer that contained child pornography while executing a search warrant at Martin’s residence.
Martin subsequently was charged in a two-count indictment filed on Aug. 23, 2016, with receiving child pornography on Jan. 3, 2016, and possessing child pornography from July 23, 2015 through July 28, 2016. According to the indictment, Martin committed the crimes in Taos County.
On Oct. 31, 2017, Martin pled guilty to receiving child pornography. In entering the guilty plea, Martin admitted that on Jan. 3, 2016, he downloaded a video depicting child pornography from the internet onto his laptop computer.
This case was investigated by the Albuquerque office of HSI with assistance from the New Mexico State Police and the Taos Police Department. Assistant U.S. Attorney Jeremy Pena 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 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 Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Nurse Practitioner from Texas Pleads Guilty to Unlawful Dispensing of Controlled Substances in New MexicoRead the Press Release
ALBUQUERQUE – Sophia Ann Villalobos, 42, of Lubbock, Texas, pled guilty this week in federal court in Las Cruces, N.M., to unlawfully dispensing controlled substances. Under the terms of her plea agreement, Villalobos will be sentenced to a maximum of 12 months in prison.
Villalobos entered her guilty plea to a felony information on Jan. 9, 2018, that charged her with unlawfully dispensing a controlled substance, Oxycodone Hydrochloride, outside the usual course of medical practice and without any legitimate medical purpose. According to the information, Villalobos committed the crime on April 21, 2015, in Eddy County, N.M.
According to court documents, in 2015, Villalobos was a licensed Nurse Practitioner who had a medical practice in Carlsbad, N.M. In entering her guilty plea, Villalobos admitted that in early 2015, she wrote prescriptions for controlled substances for an individual without a valid medical reason. More specifically, Villalobos admitted that on April 21, 2015, she issued a prescription to an individual for 120 tablets of 30 mg Oxycodone Hydrochloride outside the usual course of medical practice and without any legitimate medical purpose.
According to court documents, on July 9, 2015, Villalobos surrendered her medical license and registration with the DEA, and is no longer authorized to dispense or prescribe controlled substances.
After entering the guilty plea, Villalobos was released under the supervision of the U.S. Probation Services and other conditions of release pending her sentencing hearing, which has yet to be scheduled.
This case was investigated by the DEA, New Mexico State Police and the Pecos Valley Drug Task Force. 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.
Assistant U.S. Attorneys Richard C. Williams and Sarah Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Mexican National Sentenced to Twelve Years for Federal Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Luis Mendoza-Alarcon, 46, a Mexican national illegally in the United States, was sentenced today in federal court in Albuquerque, N.M., to 144 months of imprisonment for his conviction on federal cocaine trafficking and illegal reentry charges. Mendoza-Alarcon will be deported after completing his prison sentence.
Mendoza-Alarcon and co-defendant Giovanni Montijo-Dominguez, 37, also a Mexican national, were arrested on Oct. 7, 2014, and were charged by criminal complaint with cocaine trafficking offenses. They were indicted on Nov. 5, 2014, and both were charged with cocaine trafficking offenses, while Montijo-Dominguez also was charged with illegal reentry to the United States. Mendoza-Alarcon and Montijo-Dominguez subsequently were charged in a superseding indictment on June 30, 2016. The superseding indictment charged Mendoza-Alarcon and Montijo-Dominguez with conspiracy to possess cocaine with intent to distribute from Oct. 3, 2014 through Oct. 7, 2014; Mendoza-Alarcon with carrying a firearm in relation to a drug trafficking crime on Oct. 7, 2014; and Montijo-Dominguez with illegal reentering the United States on Oct. 7, 2014. According to the superseding indictment, the defendants committed the offenses in Bernalillo County, N.M.
On June 2, 2017, after a two-week trial, a federal jury convicted Mendoza-Alarcon and Montijo-Dominguez of conspiring to possess at least five kilograms of cocaine with intent to distribute it to others.
The evidence at trial established that between Oct. 3, 2014 and Oct. 7, 2014, Mendoza-Alarcon negotiated the sale of approximately six kilograms of cocaine from an undercover law enforcement agent. On Oct. 7, 2014, Mendoza-Alarcon and Montijo-Dominguez arrived in a white Chevrolet Tahoe in the parking lot of a store in southwest Albuquerque to meet with undercover agents. Although Mendoza-Alarcon expressed concern to the undercover agents that the parking lot might be occupied by law enforcement, the defendants proceeded with the sale by presenting the undercover agents with a large sum of cash in order to buy six kilograms of cocaine. Law enforcement agents testified that, once the signal to arrest Mendoza-Alarcon and Montijo-Dominguez was given, Montijo-Dominguez attempted to run away, but was quickly caught and arrested. The agents searched the defendants’ white Chevrolet Tahoe, and found a functional firearm loaded with live ammunition.
On July 27, 2017, Montijo-Dominguez pled guilty to Count 3 of the superseding indictment charging him with illegally reentering the United States. Montijo-Dominguez was sentenced on Dec. 12, 2017 to 120 months in prison. He will be deported following his prison sentence.
This case was investigated by the Albuquerque office of Homeland Security Investigations and was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec.
Cibola County Man Sentenced to 75 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Benjamin F. Chavez, 55, of Cubero, N.M., was sentenced today in federal court in Albuquerque, N.M., to 75 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction. Chavez also was ordered to forfeit five firearms.
Homeland Security Investigations arrested Chavez on Feb. 22, 2016, on an indictment charging him with distributing methamphetamine on April 21, 2015, in Cibola County, N.M. On Aug. 9, 2017, Chavez pled guilty to a felony information charging him with distributing methamphetamine and admitted that he distributed 55.74 grams of pure methamphetamine to an undercover law enforcement agent on April 21, 2015.
The case was investigated by the Albuquerque office of Homeland Security Investigations and was prosecuted by Assistant U.S. Attorney Alexander M. Uballez.
Acoma Pueblo Man Pleads Guilty to Federal Voluntary Manslaughter and Firearms ChargesRead the Press Release
ALBUQUERQUE – Darius L. James, 40, an enrolled member of Acoma Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to voluntary manslaughter and firearms charges.
James was arrested on Aug. 24, 2017, on a criminal complaint charging him with killing an Acoma Pueblo man by shooting him three times on the Acoma Pueblo Indian Reservation in Cibola County, N.M. According to the complaint, James encountered the victim hidden in a bedroom closet in James’ residence. As the victim fled the scene, James followed him into a nearby field and fired several shots, killing the victim. At the time, James was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
During today’s proceedings, James pled guilty to a felony information charging him with voluntary manslaughter and brandishing a firearm during a crime of violence. In entering the guilty plea, James admitted that on July 24, 2017, he used a rifle to shoot the victim. James also acknowledged that he was prohibited from possessing firearms because he was a convicted felon, and agreed to forfeit his firearms and ammunition to law enforcement.
This case was investigated by the Albuquerque office of the FBI and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
56th Defendant Sentenced on Charges Arising out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 84 of these defendants have been convicted, including 83 who have entered guilty pleas, and 56 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Today, Mexican national Antonio Perez-Contreras, 30, was sentenced to 108 months in prison for his conviction on drug trafficking and firearms charges. Perez-Contreras will be deported following his prison sentence.
Perez-Contreras and co-defendant Jesus Manuel Garcia, 43, of Albuquerque, were charged by indictment on June 30, 2016, with methamphetamine trafficking, firearms and illegal reentry offenses. The indictment was superseded on July 28, 2016, and again on Jan. 12, 2017. The ten-count second superseding indictment charged Perez-Contreras and Garcia with conspiring to distribute methamphetamine from May 3, 2016 through July 6, 2016, and distributing methamphetamine on May 18, 2016 and July 6, 2016. Perez-Contreras was charged individually with being an alien in possession of a firearm and ammunition and illegal reentry into the United States on May 18, 2016, and distribution of methamphetamine on June 9, 2016. Garcia was charged individually with being a felon in possession of a firearm and ammunition on May 17, 2016, May 18, 2016, June 7, 2016, and July 6, 2016. On Sept. 7, 2017, Perez-Contreras pled guilty to a felony information and admitted that on May 18, 2016, he distributed approximately 415.4 grams of methamphetamine to an undercover law enforcement agent. Perez-Contreras further admitted that he possessed a firearm and ammunition on May 18, 2016, and was prohibited from possessing firearms and ammunition because he was an alien unlawfully in the United States.
Sixteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
This case was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez and Raquel Ruiz-Velez.
Zuni Pueblo Woman Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Malorie Reyannon Lujan (Lujan), 30, an enrolled member of the Zuni Pueblo who resides in Bosque Farms, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.
Terrence Lujan, 31, an enrolled member of the Isleta Pueblo who resides in Bosque Farms, was arrested in Aug. 2016, on an indictment charging him with assaulting a woman on July 19, 2015. The indictment was superseded on Dec. 20, 2016, to include Lujan and another assault charge. The two-count superseding indictment charged Lujan and Terrence Lujan with assaulting two women and causing them to sustain serious bodily injuries. According to the superseding indictment, Lujan and Terrence Lujan committed the crimes on July 19, 2015, on the Pueblo of Isleta in Bernalillo County, N.M.
During today’s proceedings, Lujan pled guilty to a misdemeanor information charging her with one count of assault by striking, beating or wounding. In entering the guilty plea, Lujan admitted that on July 19, 2015, she participated in the assault of one of the victims by hitting, kicking and striking the victim, and by aiding and abetting others who assaulted the victim. Lujan admitted committing this crime hile others assaulted the other victim.
At sentencing, Lujan faces a maximum penalty of one year in prison. A sentencing hearing has yet to be scheduled.
Terrence Lujan has entered a not guilty plea to the charges in the superseding indictment. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department. Assistant U.S. Attorney Michael D. Murphy and Special Assistant U.S. Attorney Lucy B. Solimon 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 Woman Pleads Guilty to Federal Conspiracy and Bank Fraud Charges Arising Out of Mail Theft SchemeRead the Press Release
ALBUQUERQUE – Yarelys Marquez, 19, of Albuquerque, N.M., pled guilty today in federal court to conspiracy and bank fraud charges arising out of a scheme to steal mail from U.S. Postal Service (USPS) mail collection boxes at U.S. Post Offices in the Albuquerque area in July and Aug. 2017.
U.S. Postal Inspectors arrested Marquez and co-defendants Jorge R. Cabrera, 20, Hector Lau, 21, and Fernando Cairo-Rosell, 29, all of Albuquerque, on Aug. 30, 2017, based on criminal complaints charging them with theft of mail and bank fraud charges. The criminal complaint alleged that in July and Aug. 2017, mail collection boxes at USPS stations in Albuquerque repeatedly were broken into and mail was stolen. The U.S. Postal Inspection Service initiated an investigation into the scheme after receiving complaints that checks deposited in the mail collection boxes had been stolen, altered and deposited into accounts allegedly held by the defendants.
The four defendants subsequently were charged with conspiracy and nine counts of bank fraud in a ten-count indictment, which was filed on Sept. 21, 2017. According to the indictment, the four defendants participated in a conspiracy to commit bank fraud that began in July 2017 and continued until Aug. 2017, and operated in Bernalillo County, N.M. The indictment also charges the four defendants with committing bank fraud against four credit unions that maintain branches in Albuquerque. The indictment alleges that the defendants conspired to commit bank fraud by stealing checks that had been deposited in U.S. mail depositories, altering the checks, and attempting to pass the checks off as legitimate to banking institutions. The indictment alleges that as part of their bank fraud scheme, the defendants deposited checks, which had been altered to make them payable to members of their conspiracy and in amounts ranging from $500 to $4,754, into bank accounts held by members of the conspiracy.
During today’s proceedings, Marquez pled guilty to conspiracy and one count of bank fraud under a plea agreement with the U.S. Attorney’s Office. In entering the guilty plea, Marquez admitted that from July 10, 2017 through Aug. 9, 2017, she conspired with others to deposit altered checks, which she knew had been stolen from mailboxes throughout Albuquerque, and during the mailbox robberies she acted as a lookout. Marquez further admitted that on July 16, 2017, she deposited a stolen check into another individual’s checking account that she knew had been among the checks stolen from within a mailbox and had their terms re-written without the account holder’s permission.
Cairo-Rosell previously pled guilty on Dec. 4, 2017, to conspiracy and five counts of bank fraud under a plea agreement with the U.S. Attorney’s Office. In entering the guilty plea, Cairo-Rosell admitted that from July 10, 2017 through Aug. 9, 2017, he conspired with others to deposit altered checks, which Cairo-Rosell knew had been stolen from mailboxes throughout Albuquerque. Cairo-Rosell further admitted that on at least four occasions, he allowed his bank account at an Albuquerque-area credit union to be used to deposit checks in exchange for a portion of the check-cashing proceeds.
At sentencing, Marquez and Cairo-Rosell each face a maximum penalty of 30 years in federal prison. Sentencing hearings have yet to be scheduled.
Cabrera and Lau have entered pleas of not guilty to the charges against them and are pending trial. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley.
Santa Fe Man Facing Federal Crack Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – A Santa Fe, N.M., man is detained pending trial on federal cocaine base trafficking charges according to the U.S. Attorney’s Office, the DEA and the Santa Fe Police Department. According to court filings, the charges against Kevin Madrid, 31, are the result of a long-term investigation into a drug trafficking organization allegedly headed by Madrid that distributed crack cocaine in northern New Mexico.
The DEA and Santa Fe Police Department arrested Madrid on Dec. 20, 2017, based on an indictment charging him with participating in a cocaine base trafficking conspiracy and distribution of cocaine base. Cocaine base is more commonly known as “crack” or “crack cocaine.” The indictment alleges that between March 2017 and Dec. 2017, Madrid conspired with others to distribute more than 280 grams of crack cocaine in Santa Fe County, N.M. It further alleges that Madrid distributed more than 280 grams of crack cocaine on Oct. 26, 2017, in Bernalillo County, N.M.
Madrid was arraigned on the indictment on Dec. 22, 2017, and entered a not guilty plea. Madrid was ordered detained pending trial, which is currently scheduled for Feb. 12, 2018.
If convicted of the crimes charged in the indictment, Madrid faces a mandatory minimum penalty of ten years and a maximum of life in federal prison. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the Santa Fe Police Department. Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case.