District of New Mexico
Press releases recorded for this federal judicial district.
80th Defendant Pleads Guilty to Federal 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (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, 80 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 44 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.
This week, Jeneill Ayala, 25, of Albuquerque, entered a guilty plea in federal court to a methamphetamine trafficking charge, becoming the 80th defendant to enter a guilty plea.
Ayala and her co-defendant, David Torrez, 32, were charged by indictment on July 28, 2016, with conspiracy and distributing methamphetamine on June 21, 2016, in Bernalillo County. Ayala pled guilty on Oct. 10, 2017, to both charges of the indictment without the benefit of a plea agreement. Torrez previously pled guilty on Sept. 26, 2017, to Count 2 of the indictment and admitted selling two ounces of methamphetamine to an undercover law enforcement agent on June 21, 2016.
At sentencing, Ayala and Torrez each face a statutory penalty of not less than five years and not more than 40 years in federal prison. Their sentencing hearings have yet to be scheduled.
Twenty of the defendants charged as the result of the ATF investigation have entered not guilty pleas to the charges against them. 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 against Ayala and Torrez was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Eva M. Fontanez.
Non-Indian Man Pleads Guilty to Sexually Abusing Navajo WomanRead the Press Release
ALBUQUERQUE – Mark Silva, 48, of Sundance, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a sexual abuse charge. Under the terms of his plea agreement, Silva will be sentenced to 60 months of imprisonment followed by a term of supervised release to be determined by the court. Silva will also be required to register as a sex offender.
Silva was arrested on April 4, 2017, on an indictment charging him with sexual abuse on May 1, 2016, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Silva pled guilty to the indictment and admitted that on May 1, 2016, he sexually abused a Navajo woman. Silva further admitted that he engaged in the sexual act while knowing that the victim was incapable of declining participation in or communicating unwillingness to engage in the sexual act. Silva remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI. The case is being prosecuted by Assistant U.S. Attorney Joseph M. Spindle pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Navajo Man Sentenced to Prison for Assaulting a Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Abner Joe, 55, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 33 months in prison for assaulting a federal officer. Joe will be on supervised release for three years after completing his prison sentence.
The FBI and Navajo Nation Division of Public Safety (NNDPS) arrested Joe on Aug. 10, 2016, on a criminal complaint charging him with assaulting a federal officer. According to the complaint, Joe assaulted a NNDPS officer on Aug. 4, 2016, by spitting on her and threatening her with a hammer and a wooden board. At the time, the officer was commissioned as a Special Federal Officer by the BIA’s Office of Justice Services.
Joe was indicted on Aug. 23, 2016, and was charged with assaulting a federal officer with a dangerous weapon and assault involving physical contact. The indictment alleged that Joe committed the crimes on Aug. 4, 2016, on the Navajo Indian Reservation in San Juan County, N.M.
On July 12, 2017, Joe pled guilty to assaulting a federal officer. In entering the guilty plea, Joe admitted that on Aug. 4, 2016, he threatened two uniformed tribal officers as he approached them while holding a raised 2” x 4” board. He also admitted throwing a hammer at a federally commissioned tribal officer.
This case was investigated by the Farmington office of the FBI and the Shiprock office of NNDPS. Assistant U.S. Attorney Michael Murphy prosecuted the case.
Eric Matthew Reddick Arrested on Federal Armed Robbery and Firearms ChargesRead the Press Release
Initiative
ALBUQUERQUE – Eric Matthew Reddick, 22, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with violating the Hobbs Act and federal firearms laws. The charges against Reddick arise out of the alleged armed robbery of a convenience store on Oct. 6, 2017, during which Reddick allegedly shot and injured two individuals. Reddick remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for Oct. 13, 2017.
Reddick 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.
The FBI arrested Reddick early this morning on a criminal complaint charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce and with discharging a firearm during a crime of violence on Oct. 6, 2017, in Bernalillo County, N.M. According to the criminal complaint, on Oct. 6, 2017, Reddick allegedly entered an Albuquerque-area convenience store and placed a pack of gum and a dollar bill on the counter. When the store clerk opened the cash drawer, Reddick allegedly pointed a firearm at the store clerk, and demanded and obtained cash from the store clerk. As he left the convenience store, Reddick allegedly fired several rounds of ammunition at the store clerk and a witness who was taking photographs of him with a cellular telephone, hitting and injuring both of them.
Later that day, officers of the Albuquerque Police Department (APD) arrested Reddick, who was in the vehicle in which he allegedly used to flee from the convenience store, on related state charges, which have been dismissed in favor of federal prosecution. In the vehicle, the officers allegedly observed a firearm during an inventory search.
If convicted on the charges in the criminal complaint, Reddick faces a statutory maximum penalty of 20 years in prison on the Hobbs Act charge. Reddick also faces a statutory mandatory minimum of ten years of imprisonment for discharging a firearm during a crime of violence, which must be served consecutive to any sentence imposed on the other charge. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and APD, with assistance from the 2nd Judicial District Attorney’s Office. Special Assistant U.S. Attorney Timothy Trembley is prosecuting the case.
Reddick ComplaintEl Paso Man Sentenced for Using Interstate Communications to Threaten Las Cruces Police OfficersRead the Press Release
ALBUQUERQUE – Sean Stinson, 33, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to time-served (406 days) in custody for using interstate communications to threaten the lives and safety of Las Cruces Police Department (LCPD) officers. Stinson will be on supervised release for three years.
Stinson was arrested on Sept. 2, 2016, for making telephone calls from El Paso to individuals in Las Cruces during which he threatened the lives of LCPD officers. According to the criminal complaint, Stinson had several telephone calls, including some which were recorded, with LCPD officers during which Stinson threatened to shoot, kill and otherwise injure specific officers.
Stinson subsequently was indicted on Sept. 21, 2016, and was charged with seven counts of transmitting interstate communications with intent to threaten to injure another person. According to the indictment, Stinson committed the crimes between Aug. 24, 2016 and Sept. 2, 2016.
On July 24, 2017, Stinson pled guilty to the indictment and admitted that on Aug. 24 and 25, 2016, he made several telephone calls from El Paso to the LCPD during which he threatened to injure an LCPD officer. Stinson acknowledged that he intended his calls to be perceived as threats.
This case was investigated by the Las Cruces office of the FBI, the U.S. Marshals Service and the LCPD. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Albuquerque Felon Charged with Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Albert Pulido, 29, of Albuquerque, N.M., made his initial appearance today in federal court on a criminal complaint charging him with violating the federal firearms laws by unlawfully possessing a firearm and ammunition. Pulido remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested Pulido this morning on a criminal complaint charging him with unlawfully possessing a firearm and ammunition on Sept. 7, 2017, in Bernalillo County, N.M. The criminal complaint alleges that on that date, officers of the Albuquerque Police Department (APD) arrested Pulido on state charges after observing Pulido exit a vacant, yellow-tagged residence, that no was permitted to enter. During a search incident to arrest, the officers allegedly found that Pulido was in possession of a firearm and ammunition.
According to the criminal complaint, on Sept. 7, 2017, Pulido was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including convictions for receiving and transferring a stolen vehicle, residential burglary, possession of a controlled substance, embezzlement, and child abuse.
The related state charges against Pulido will be dismissed in favor of federal prosecution.
If convicted of the crime charged in the criminal complaint, Pulido faces a maximum penalty of ten years in federal prison. Charges in criminal complaints are mere accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of ATF and APD, with assistance from the 2nd Judicial District Attorney’s Office. Special Assistant U.S. Attorney Timothy Trembley is prosecuting the case 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.
Navajo Woman from Albuquerque Sentenced for Federal Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Kelly James, 35, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., was sentenced today in federal court to three years of probation for her conviction on a misdemeanor child abuse charge. In addition to the mandatory conditions of her probation, James will be required to complete substance abuse counseling, childcare classes and refrain from the use of alcohol.
James was arrested in May 2017, on an indictment charging her with engaging in child abuse by operating a motor vehicle recklessly on Dec. 8, 2016, on the Isleta Pueblo in Valencia County, N.M.
On June 13, 2017, James entered a guilty plea to the indictment. In entering the guilty plea, James admitted that on Dec. 8, 2016, she operated a motor vehicle recklessly within the Isleta Pueblo while under the influence of alcohol. James further admitted that her actions endangered the health and wellbeing of the child who was a passenger in the vehicle.
This case was investigated by the Isleta Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Elisa C. Dimas.
Navajo Man from Shiprock Sentenced to Six Years for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Zachariah Nez, 22, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to six years in prison for his conviction on a voluntary manslaughter charge. Nez will be on supervised release for three years after completing his prison sentence.
Nez was arrested in Oct. 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Oct. 17, 2016. According to the complaint, Nez killed the victim by striking him with a rock.
Nez was indicted on Nov. 1, 2016, and charged with second-degree murder on Oct. 17, 2016, in San Juan County.
On June 15, 2017, Nez pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, Nez admitted that on Oct. 17, 2016, he killed the victim by striking him several times with a rock.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle.
David A. Hickman Pleads Guilty to Using Fire or Explosives to Damage or Destroy Buildings Used in Interstate CommerceRead the Press Release
ALBUQUERQUE – David A. Hickman, 28, of Albuquerque, N.M., pleaded guilty today in federal court to five counts of damaging and destroying buildings used in interstate commerce by fire or explosive. Although Hickman pled guilty to five arson counts, in his plea agreement, Hickman acknowledged igniting arson fires that damaged or destroyed nine businesses engaged in interstate commerce in Albuquerque between Nov. 16, 2016 and Nov. 26, 2106. The plea agreement includes a recommendation that Hickman be sentenced to a term of imprisonment within the range of five to 20 years.
Hickman’s guilty plea was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden E. Eden Jr., of the Albuquerque Police Department (APD), and Captain Jackie Lance of the Albuquerque Fire Department, Fire Investigation Division (FID).
“Arson is a crime of extreme violence that puts the lives of the public and first responders in grave danger, and arsonists must understand that their crimes will evoke a serious response from the law enforcement community,” said Acting U.S. Attorney James D. Tierney. “The U.S. Attorney’s Office commends the dedicated men and women of the FBI, ATF, the Albuquerque Police Department, and the Albuquerque Fire Department for working together to protect our community by apprehending David Hickman and bringing him to justice before his criminal conduct resulted in human injury and loss of life.”
“A series of arsons in Albuquerque almost a year ago not only endangered the lives of firefighters and other innocent people, but also jeopardized the paychecks of numerous hard-working employees at the damaged businesses,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “The FBI is proud to have been part of the team of local and federal law enforcement and fire investigators who came together to solve this case. We congratulate the U.S. Attorney’s Office on a successful prosecution, and we hope it sends a clear message that those responsible for this kind of criminal behavior will be held accountable.”
“I would like to compliment the investigative efforts of all the agencies that lead to Hickman’s arrest,” said Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the ATF. “The Albuquerque Fire Investigation Division in partnership with the ATF National Response Team were able to determine the cause and origin of the Carlisle Condominiums fire started by Hickman on November 23, 2016.”
“This guilty plea ensures justice in a very disturbing case. We are appreciate the hard work and diligence of our law enforcement partners,” said Albuquerque Police Chief Gorden E. Eden Jr.
“The successful investigation and prosecution of David Hickman brings great pride to the Albuquerque Fire Department, especially its Fire Investigation Division (FID). Through a community approach, the men and women of the FID, together with APD, ATF and FBI worked diligently to close this case while continuing to keep our community safe,” said Albuquerque Fire Captain Jackie Lance. “We would like to express our gratitude to everyone who contributed to the successful resolution of this complex case. Please remember if you see something suspicious, say something.”
Hickman was arrested on Nov. 28, 2016, on a criminal complaint charging him with maliciously damaged and destroyed, and attempted to damage and destroy, by means of fire, a building, an Old Navy store located in Albuquerque, used in interstate commerce on Nov. 26, 2016. APD officers arrested Hickman in the early hours of Nov. 26, 2016, and later transferred him into the custody of the FBI. Hickman was arrested shortly after an APD officer responded to the Pavilions at San Mateo shopping center after hearing “small explosions” coming from the area. When the officer arrived at the shopping center, he observed Hickman running into and out of the Old Navy store located in the shopping center, which was on fire. Hickman subsequently was indicted on one count of maliciously damaging a building, the Old Navy store, by fire on Dec. 20, 2016.
During today’s change of plea hearing, Hickman pled guilty to the one-count indictment and to a felony information charging him with four additional counts of arson. In entering the guilty plea, Hickman admitted that, between Nov. 16, 2016 and Nov. 26, 2016, he ignited and attempted to ignite nine separate fires at the following businesses in Albuquerque:
- Starbucks Coffee Shop, located at 800 Broadway Blvd. NE;
- Project Defending Life, located at 625 San Mateo Blvd. NE;
- Carlisle Condominiums, located at 3600 Central Ave. SE;
- Starbucks Coffee Shop, located at 5301 Gibson Blvd. SE;
- Starbucks Coffee Shop, located at 4407 Lomas Blvd. NE;
- Starbucks Coffee Shop, located at 3400 Central Ave. SE;
- Barnes & Noble Bookstore, located at the Coronado Mall at 6600 Menaul Blvd. NE;
- “Shred It,” located at 1415 Broadway Blvd. NE; and
- Old Navy, located at 4900 Cutler Ave. NE.
However, Hickman entered guilty pleas to committing five arsons that damaged and destroyed the following businesses:
- Igniting the fire at the Carlisle Condominiums located at 3600 Central Ave. SE, on Nov. 23, 2016, by using glass mason jars filled with ignitable liquid. The Carlisle Condominiums were under construction and approximately 80% complete when Hickman broke into the construction site and ignited the fire. The damages caused by the fire exceeded $8 million.
- Setting the fire at the Starbucks Coffee Shop located at 5301 Gibson Blvd. SE, on Nov. 25, 2016, by firing a gun into a glass door so he could enter the shop and throwing glass mason jar devices into the building together with firecrackers and a kerosene container that would ignite and fuel the fire.
- Setting the fire at the “Shred It” building located at 1415 Broadway Blvd NE, on Nov. 26, 2016, by firing a gun into a glass door so he could enter the building and use glass mason jar devices and road flares to ignite fires in the building.
- Setting the fire at the Barnes & Noble bookstore building located at the Coronado Mall at 6600 Menaul Blvd. NE, on Nov. 26, 2016, by firing a gun into a glass door so he could enter the building and use glass mason jar devices and a road flare to ignite fires in the store. The damages caused by the fire exceeded $800,000.
- Setting the fire at the Old Navy store located in Albuquerque on Nov. 26, 2016, by shooting several rounds from an assault rifle into the windows of the store so he could enter the store and ignite several fires inside the store using glass mason jar devices with a road flare. The damages caused by the fire exceeded $690,000.
Hickman was arrested shortly after departing the Old Navy store. When he was arrested, Hickman was wearing a holster with a handgun and had a flare in his belt. In Hickman’s vehicle, officers found an assault rifle in his vehicle, glass mason jar devices, tape, ammunition, kerosene, tannerite, and motor oil. Officers also found similar materials, including firecrackers, inside Hickman’s residence while executing a search warrant.
Hickman has been in federal custody since his arrest and remains in custody pending a sentencing hearing, which has yet to be scheduled.
The Albuquerque Division of the FBI, the Albuquerque office of the ATF, ATF’s National Response Team, APD and the Albuquerque Fire Department conducted the investigation of this case. Assistant U.S. Attorney Fred J. Federici is prosecuting the case.
Hickman Indictment Hickman Information Hickman Plea AgreementAlbuquerque Man Sentenced for Prescription Drug Trafficking and Money Laundering ConvictionRead the Press Release
ALBUQUERQUE – Gerald Roberts, 49, of Albuquerque, N.M., was sentenced today in federal court to 51 months in prison followed by three years of supervised release for his conviction on prescription drug trafficking and money laundering charges. Roberts and his wife and co-defendant Yvonne Garcia, 55, also were ordered to forfeit their interest in the proceeds of their criminal activities, including $71,674.92 seized from bank accounts and a safe deposit box, a 2016 Toyota Camry, a 2016 Toyota Tacoma truck, a 2013 BMW motorcycle, and to pay a money judgment in the amount of $15,500.
Roberts and Garcia were arrested in Sept. 2016, on an eight-count indictment charging them with trafficking controlled substances in Bernalillo County, N.M. Roberts and Garcia were charged with conspiring to distribute oxycodone, oxymorphone and alprazolam from May 2016 through Sept. 2016. The indictment also charged the couple with distributing oxycodone on three separate occasions in May, June and July 2016; distributing oxymorphone on four occasions in May, June, July and Sept. 2016; and distributing alprazolam in July 2016.
On March 29, 2017, Roberts and Garcia each pled guilty to the conspiracy charged in the indictment and to felony informations charging them with conspiring to launder drug proceeds. According to the plea agreements, between May 2016 and Sept. 2016, Roberts and Garcia sold oxycodone, oxymorphone and alprazolam to an individual who unbeknownst to them was an undercover DEA agent. Roberts and Garcia deposited the proceeds of their illegal drug transactions into Wells Fargo checking and savings accounts in amounts that would not trigger currency-reporting requirements that could alert law enforcement authorities to their illegal activities. Roberts and Garcia used the drug proceeds in the bank accounts to make payments on their residential mortgage and vehicle loans.
Garcia was previously sentenced on Aug. 16, 2017, to 46 months in prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of the DEA, the Albuquerque Police Department and the Santa Fe Police Department. Assistant U.S. Attorneys Shana B. Long and Peter J. Eicker 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.
Youth Minister from Las Cruces Arrested on Federal Child Sexual Exploitation and Pornography ChargesRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, announced the filing of federal child sexual exploitation and pornography charges against Stephen Mendoza Arellano, an ordained minister for the Apostolic Assembly Church who serves as the Church’s District of New Mexico Youth President.
Arellano, 30, of Las Cruces, N.M., made his initial appearance this morning in federal court on a criminal complaint charging him with attempted production of child pornography, enticement of a child to engage in sexual activity, and travel to meet a minor to engage in sexual conduct. He remains in federal custody pending a preliminary hearing and a detention hearing, which have not yet been scheduled.
HSI Special Agents arrested Arellano on Oct. 6, 2017, on the criminal complaint, which alleges that Arellano committed the crimes charged between May 2017 and Aug. 2017 in Dona Ana County, N.M., and elsewhere. According to the criminal complaint, Arellano traveled from Las Cruces to El Paso, Tex., with the intention of having illicit sexual contact with the child victim who was 15-years-old when he began contacting her.
According to the complaint, Arellano is a National Ordained Minister for the Apostolic Assembly Church, holds the title of District of New Mexico Youth President, and is a member of the same church as the victim. HSI initiated the investigation into Arellano after receiving a report from the parents of Arellano’s victim. The criminal complaint alleges that Arellano began communicating with the victim in a sexually explicit manner in May 2017, when the victim was fifteen-years-old. It further alleges that Arellano sent nude photos of himself to the victim and requested nude photos of the victim via cellular phone messaging between May 2017 and Aug. 2017. The complaint also alleges that Arellano engaged in sexual activity with the victim in July and Aug. 2017. The investigation allegedly revealed that Arellano was aware of the victim’s age because he assisted in making a video for the victim’s Sweet 16 birthday party.
If convicted on the attempted production of child pornography charge, Arellano faces a mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison. If convicted on the enticement charge, Arellano faces a mandatory minimum penalty of ten years and a maximum of life in federal prison. If convicted on the traveling to engage in illicit sexual conduct charge, Arellano faces a maximum of 30 years in federal prison. The charges in the complaint are merely accusations and Arellano is presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of HSI and the Las Cruces Police Department. The case is being prosecuted by Assistant U.S. Attorney Marisa A. Ong 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/.
Zia Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Terrence Shije, 37, an enrolled member and resident of Zia Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a domestic assault by a habitual offender charge.
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.
During today’s proceedings, 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.
At sentencing, Shije faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA, Office of Justice Services. The case is being prosecuted by 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 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.
Rancher from Taos County Sentenced to Prison for Carjacking Utility Workers on His RanchRead the Press Release
ALBUQUERQUE – Richard Howieson, 56, of Costilla, N.M., was sentenced yesterday in Albuquerque, N.M., to a year and a day in prison for his conviction on a federal carjacking charge. Howieson will be on supervised release for two years after completing his prison sentence.
The FBI arrested Howieson on Oct. 11, 2016, on a three-count indictment charging him with carjacking, using and carrying a firearm during and in relation to a crime of violence, and being a felon in possession of a firearm. The indictment was superseded on Feb. 7, 2017, to charge Howieson with carjacking and with using and carrying a firearm in relation to a crime of violence. According to the indictment, Howieson committed these crimes on Feb. 19, 2013, in Taos County, N.M.
On April 17, 2017, Howieson pled guilty to a felony information charging him with carjacking on Feb. 19, 2013, pursuant to a plea agreement. According to the plea agreement, Howieson encountered two employees of a utility company just inside the fence line on his ranch. The utility workers were in their utility vehicle as Howieson drove up in his vehicle. As Howieson exited his vehicle with a loaded pistol in his pocket, one of the utility company employees exited his vehicle and explained that they were on Howieson’s property to install fiber optic cable and that the utility company had permission to cut Howieson’s lock to gain access to the ranch. Brandishing a loaded pistol, Howieson told the utility company employees to get off his property and to leave their utility vehicle. When the utility company employees refused to leave the ranch without their vehicle, Howieson told them they could get their vehicle back through the law and threatened to shoot them if they did not leave his ranch. The utility company employees then left the ranch. As they were walking away from the ranch, Howieson discharged the firearm in a different direction from where the utility company employees were located.
This case was investigated by the Santa Fe office of the FBI and the New Mexico State Police, and was prosecuted by Assistant U.S. Attorney George Kraehe.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Russel Patrick Bearshield, 30, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to an assault charge.
The BIA arrested Bearshield on June 23, 2017, on a criminal complaint charging him with assaulting a Mescalero Apache woman on Sept. 9, 2016, on the Mescalero Apache Indian Reservation in Otero County, N.M. According to the complaint, Bearshield assaulted the woman by throwing a television at her and punching, striking and kicking her in the face.
During yesterday’s proceedings, Bearshield pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Bearshield admitted that on Sept. 9, 2016, he assaulted the victim by punching her several times with a closed fist. Bearshield further admitted that as a result of the assault, the victim suffered a fractured orbital bone which required surgery.
At sentencing, Bearshield faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
79th Defendant Pleads Guilty and Three More are Sentenced on Federal 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (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, 79 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 44 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.
This week, another defendant entered a guilty plea and three other defendants were sentenced on guilty pleas previously entered.
Albuquerque resident Richard Cortez, 37, entered a guilty plea on Oct. 2, 2017, to a methamphetamine trafficking charge. Cortez and co-defendants Guajira Maya Lovato, 44, and Daniel Loya, 31, were charged with conspiring to distribute methamphetamine between July 21, 2016 and Aug. 9, 2016, and with distributing methamphetamine on July 21, 2016. On Oct. 2, 2017, Cortez pled guilty to the distribution charge and admitted distributing 45 grams of methamphetamine to an undercover law enforcement agent on July 21, 2016. At sentencing, Cortez faces a maximum penalty of 20 years in federal prison. He remains detained pending a sentencing hearing, which has yet to be scheduled. Cortez’s co-defendants have entered guilty pleas to methamphetamine trafficking charges and are awaiting sentencing hearings.
Also this week the following three Albuquerque residents were sentenced for their convictions on drug trafficking and firearms offenses:
- Carlos Vasquez, 47, was sentenced on Oct. 3, 2017, to 120 months in federal prison followed by three years of supervised release;
- Candace Tapia also was sentenced on Oct. 3, 2017, to 18 months in prison followed by three years of supervised release; and
- Brandon Jason Hunt, 28, was sentenced on Oct 5, 2017, to a year and a day in prison, which he has already served, followed by three years of supervised release.
Vasquez was charged in a three-count indictment filed on June 14, 2016, with distributing cocaine and methamphetamine on May 26, 2016 and with being a felon in possession of a firearm and ammunition on June 1, 2016. Vasquez was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated battery on a household member, attempted armed robbery, and abandonment or abuse of a child. On May 19, 2017, Vasquez pled guilty to possessing methamphetamine with intent to distribute and being a felon in possession of a firearm and ammunition, and admitted that on May 26, 2016, he sold methamphetamine to an individual working with law enforcement. Vasquez also admitted that on June 1, 2016, he sold a firearm and ammunition to an undercover law enforcement agent. Vasquez acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Candace Tapia and her co-defendants Gaspar Leal, 47, Bernadette Aurora Tapia, 49, and Brandon Candelaria, 22, were charged by indictment on July 12, 2016, with conspiracy and distribution of methamphetamine on June 8, 2016, in Bernalillo County. On June 1, 2017, Candace Tapia pled guilty to an information charging her with distribution of methamphetamine and admitted that on June 8, 2016, she distributed methamphetamine to another person. Bernadette Aurora Tapia pled guilty on Dec. 13, 2016, and was sentenced on April 7, 2017. Lael has entered a plea of not guilty and is pending trial. The charges against Candelaria have been dismissed.
Hunt was arrested in Oct. 2016, on an indictment charging him with distributing cocaine on May 5, 2016, and June 1, 2016, and with being a felon in possession of a firearm on May 19, 2016. Hunt was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated battery with a deadly weapon and attempt to commit an aggravated burglary. According to the indictment, Hunt committed the offenses in Rio Arriba County, N.M. On July 6, 2017, Hunt pled guilty to distributing cocaine and admitted that on May 5, 2016, he distributed cocaine to an undercover law enforcement agent.
Twenty-one of the defendants who were charged as the result of the ATF investigation have entered not guilty pleas to the charges against them. 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.
These cases were investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Presiliano Torrez is prosecuting Cortez. Assistant U.S. Attorney Eva Fontanez prosecuted Vasquez. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting Candace Tapia. Assistant U.S. Attorney Kimberly A. Brawley prosecuted Hunt.
Multi-Agency Investigation Targets Methamphetamine and Firearm Trafficking in Southeastern New MexicoRead the Press Release
ALBUQUERQUE – In spring 2017, federal, state and local agencies joined forces to disrupt and dismantle a criminal organization that allegedly was trafficking large quantities of methamphetamine and numerous firearms in southeastern New Mexico. Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Steve Borak of the El Paso Division of the DEA, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, U.S. Marshal Conrad E. Candelaria, and Commander James McCormick of the HIDTA Region VI Pecos Valley Drug Task Force today announced the results of their investigative efforts, which included the filing of federal drug trafficking and firearms charges against 15 defendants.
The investigation, which was initiated by the DEA, ATF and the HIDTA Region VI Pecos Valley Drug Task Force, initially targeted a methamphetamine trafficking organization operating in southeastern New Mexico that allegedly was supplied by Daniel P. Bruton, 38, of Artesia, N.M., and Marcos A. Martinez, 30, of Roswell, N.M. The investigative team quickly expanded to include HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office, and the investigative targets expanded to include other alleged drug traffickers in Eddy and Chaves Counties. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. During the investigation, which concluded with a major law enforcement operation yesterday, law enforcement authorities seized more than 2.5 kilograms of methamphetamine and 44 firearms.
Based on the investigation, a federal grand jury returned five indictments on Oct. 5, 2017, charging 15 defendants with federal methamphetamine trafficking and firearms offenses. One of the indictments charges ten individuals, including Bruton and Martinez, who are alleged to be members of the criminal organization that was the original target of the investigation. That 34-count indictment alleges that Bruton, Martinez and their co-defendants conspired to violate the federal narcotics trafficking and firearms laws from May 2017 through Oct. 2017 in Eddy and Chaves Counties and elsewhere in New Mexico. The indictment includes 55 overt acts that discuss the conspiracy’s operations, including the quantities of methamphetamine – ranging from multiple ounces to five pounds – allegedly distributed by the defendants on a routine basis. It also describes the firearms – including assault rifles that allegedly were to be smuggled into Mexico – allegedly used by the defendants in relation to their drug trafficking activities.
In announcing the results of the investigation, Acting U.S. Attorney James D. Tierney said, “This investigation was a coordinated effort to crackdown on drug trafficking in Eddy and Chaves Counties and to improve the quality of life for the good people who live there. It was part of our continuing statewide fight against drug trafficking and the violence that goes hand-in-hand with it. The federal, state and local law enforcement community remains committed to keeping New Mexico’s smaller communities safe from drug trafficking organizations that think they can go unnoticed operating in our smaller cities and towns.”
“Yesterday’s arrests show the value of information sharing and coordination with our federal, state, and local law enforcement partners to target criminal organizations that are responsible for the drug related violence in our communities,” said Acting Special Agent in Charge Steve Borak of DEA’s El Paso Division. “By working together to reduce drug trafficking and use across the Nation, we are making our communities safer and our families stronger.”
“The results of this enforcement initiative exceeded our expectations. Our goal is simple: by working together with our law enforcement partners in targeting armed traffickers and trigger pullers keeping them from interacting with the good people of New Mexico," stated Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “I wish to acknowledge the leadership of Acting U.S. Attorney James D. Tierney and his office as these prosecutions move forward.”
Commander James McCormick of the HIDTA Region VI Pecos Valley Drug Task Force said, “This was a good cooperative investigation that will have a large impact on trafficking methamphetamine and gun violence in our community.”
Twelve of the 15 defendants charged in the five federal indictments are in custody, including seven who were arrested during a major law enforcement operation yesterday. Three defendants have yet to be arrested and are considered fugitives.
Martinez and Jason Cunningham, 37, of Carlsbad made their initial appearances in federal court in Las Cruces this morning. They remain in federal custody pending detention hearings, which are schedule for Oct. 11, 2017, in Las Cruces.
The following defendants made their initial appearances in federal court in Roswell this morning: Daniel P. Bruton, 38, of Artesia, N.M., Sergio Mario Chavez, 33, of Artesia, 33, Kenneth R. Dickerson, 56, of Carlsbad, Isela Hernandez, 25, of Roswell, Joshua A. Masters, 42, of Carlsbad, Timothy G. Tanner, 28, of Carlsbad, Jerry O. Twaddle, 37, of Carlsbad, Ethen G. Watts, 27, of Carlsbad, Linda M. Watts, 28, of Carlsbad, and Randi I. Young, 25, of Carlsbad. They remain in federal custody pending detention hearings, which are currently scheduled for Oct. 11, 2017, in Las Cruces.
Erick Miranda-Santos, 21, of Carlsbad, Robert C. Ponce, 42, of Artesia, and Chelcy Vasquez, 25, of Dexter, N.M., have yet to be arrested and are considered fugitives. Photographs of these defendants are attached and anyone with information on the whereabouts of these fugitives is asked to contact the DEA at 575-526-0700.
“HSI will continue to work jointly with our law enforcement partners in its mission to disrupt and dismantle criminal organizations that threaten public safety and national security,” said Jack P. Staton, Acting Special Agent in Charge of HSI El Paso. “This enforcement operation exemplifies what that collaboration and team work can accomplish to make our communities safer.”
The U.S. Marshal for the District of New Mexico Conrad E. Candelaria said, “The apprehensions made yesterday illustrate the continued cooperation and vigilance of New Mexico’s law enforcement agencies at the federal, state, and local levels. There is no doubt that the apprehension of these individuals will prevent further acts of criminal behavior and reduce the harm to our citizens in Southeastern New Mexico.”
These cases were investigated by the DEA, ATF, HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the HIDTA Region VI Pecos Valley Drug Task Force, the HIDTA Region VI Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office. The following agencies participated in yesterday’s law enforcement operation in Carlsbad, Artesia and Roswell: the U.S. Bureau of Land Management Office of Law Enforcement & Security, the HIDTA Region VI Lea County Drug Task Force, the Lea County Sheriff’s Office, the Dona Ana County Metro Narcotics Task Force, the Artesia Police Department, the Carlsbad Police Department, the Hobbs Police Department, the Las Cruces Police Department, and the Roswell Police Department. Special Assistant U.S. Attorney Clara N. Cobos and Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Summary of the Federal Charges
Indictment in United States v. Daniel P. Bruton, et al., 17-CR-2690
Count 1 of the Indictment charges the ten defendants with participating in a conspiracy to distribute methamphetamine. If convicted on this count, defendants Daniel P. Bruton, Marcos A. Martinez, Jerry. O. Twaddle, Ethen G. Watts, and Isela Hernandez each face a statutory penalty of a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine. If convicted, defendants Kenneth R. Dickerson, Robert C. Ponce and Erick L. Miranda-Santos each face a statutory penalty of a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine. If convicted, defendants Linda M. Watts and Chelcy A. Vasquez each face a maximum statutory penalty of 20 years of imprisonment and a $1 million fine.
Counts 2, 3 and 25 charge certain defendants with distributing a mixture and substance containing methamphetamine. The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years and a $1 million fine.
Counts 4 and 5 charge one of the defendants with distributing more than 50 grams of a mixture and substance containing methamphetamine. The maximum statutory penalty for a conviction on each of these counts is a mandatory minimum of five years and a maximum of 40 years of imprisonment and a $5 million fine.
Counts 6, 7, 10, 11, 12, 14, 17, 19, 22, 24, 28, 29 and 32 charge certain defendants with using communication facilities to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.
Counts 8, 16, 18, 23, and 26 charge certain defendants with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine. The statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.
Counts 9 and 20 charge certain defendants with possession with intent to distribute a mixture and substance containing methamphetamine. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.
Counts 13 and 21 charge certain defendants with being felons in possession of firearms and ammunition. The maximum statutory penalty for a conviction on this count is imprisonment for ten years and a $250,000 fine.
Counts 15 and 31 charge certain defendants with possession with intent to distribute more than 500 grams of a mixture and substance containing methamphetamine. The statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.
Count 27 charges one defendant with possession of a firearm during an in relation to a drug trafficking crime. The statutory penalty for a conviction on this count is imprisonment for not less than five years, which must be served consecutive to any other sentence imposed and a $250,000 fine.
Count 30 charges certain defendants with distribution of more than 500 grams of a mixture and substance containing methamphetamine. The statutory penalty for a conviction on this count is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine.
Count 33 charges one defendant with attempt to possess with intent to distribute a mixture and substance of methamphetamine. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine.
Count 34 charges one defendant with receiving, concealing and facilitating the transportation of four AR-15 assault rifles from the United States. The maximum statutory penalty for a conviction on this count is imprisonment for ten years and a $250,000 fine.
Charges against Defendants
Daniel P. Bruton, 38, of Artesia, N.M., is charged in Counts 1, 6, 8-10, 12, 15 and 24-27 of the indictment. Bruton was arrested on Oct. 4, 2017.
Marcos A. Martinez, 30, of Roswell, N.M., is charged in Counts 1, 16, 22, 23, 28-30, 32 and 34 of the indictment. Martinez was arrested on Oct. 1, 2017.
Jerry O. Twaddle, 37, of Carlsbad, N.M., is charged in Counts 1, 19, 28 and 31 of the indictment. Twaddle was transferred from state custody into federal custody on Oct. 5, 2017.
Ethen G. Watts, 27, of Carlsbad, N.M., is charged in Counts 1, 2, 4-14 and 16-19 of the indictment. Ethen Watts was arrested on Oct. 4, 2017.
Kenneth R. Dickerson, 56, of Carlsbad, N.M., is charged in Counts 1, 17 and 18 of the indictment. Dickerson was arrested on Oct. 4, 2017.
Robert C. Ponce, 42, of Carlsbad, N.M., is charged in Counts 1, 11, 14, 20 and 21 of the indictment. Ponce has yet to be arrested and is considered a fugitive.
Erick L. Miranda-Santos, 21, of Artesia, N.M., is charged in Counts 1, 22 and 23 of the indictment. Miranda-Santos has yet to be arrested and considered a fugitive.
Linda M. Watts, 28, of Carlsbad, N.M., is charged in Counts 1 through 3 of the indictment. Linda Watts was arrested on Oct. 4, 2017.
Isela Hernandez, 25, of Roswell, N.M., is charged in Counts 1, 29 and 30 of the indictment. Hernandez was arrested on Oct. 4, 2017.
Chelcy A. Vasquez, 25, of Dexter, N.M., is charged in Counts 1, 32 and 33 of the indictment. Vasquez has yet to be arrested and is considered a fugitive.
Indictment in United States v. Sergio Mario Chavez, 17-CR-2691
Sergio Mario Chavez, 33, of Artesia, N.M., is charged with possession with intent to distribute more than 50 grams of a mixture and substance containing methamphetamine on July 18, 2017, in Eddy County, N.M. The statutory penalty for a conviction on this count is imprisonment for is a mandatory minimum of ten years and a maximum of life imprisonment and a $10 million fine. Chavez was arrested on Oct. 4, 2017.
Indictment in United States v. Jason R. Cunningham, 17-CR-2692
Jason R. Cunningham, 37, of Carlsbad, is charged with distributing a mixture and substance containing methamphetamine on Sept. 27, 2016, in Eddy County, N.M. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine. Cunningham was arrested on Oct. 4, 2017.
Indictment in United States v. Joshua A. Masters, et al., 17-CR-2693
Joshua A. Masters, 42, and Randi I. Young, 25, both of Carlsbad, N.M., are charged with distributing methamphetamine on March 8, 2017, in Eddy County, N.M. Masters also is charged with distributing methamphetamine on Jan. 26, 2017, in Eddy County, N.M. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years and a $1 million fine. Masters was arrested on Oct. 4, 2017, and Young was transferred from state custody to federal custody on Oct. 5, 2017.
Indictment in United States v. Timothy G. Tanner, 17-CR-2695
Timothy G. Tanner, 28, of Carlsbad, N.M., is charged with being a felon in possession of a firearm and with possessing a firearm with an obliterated serial number on June 2, 2016, and possession of more than five grams of methamphetamine with intent to distribute on Aug. 4, 2016, in Eddy County, N.M. Tanner was prohibited from possessing firearms or ammunition because of his prior convictions on drug trafficking and evidence tampering offenses. The maximum statutory penalty for a conviction on the firearms charges is imprisonment for ten years and a $250,000 fine. The statutory penalty for a conviction on the methamphetamine trafficking charge is imprisonment for a mandatory minimum of five years and a maximum of 40 years and a $5 million fine. Tanner is currently in state custody and will be transferred into federal custody to face the federal charges against him.
Charges in indictments and criminal complaints are only accusations. Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Bruton et al IndictmentGrants Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Jeffrey Chavez, 32, of Grants, N.M., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Chavez will be sentenced within the range of 70 to 110 months in prison followed by a term of supervised release to be determined by the court.
Chavez was arrested on March 10, 2017, on an indictment charging him with distributing methamphetamine on June 11, 2015, in Cibola County, N.M. The indictment included forfeiture provisions requiring Chavez to forfeit $1,800 to the United States.
During today’s proceedings, Chavez pled guilty to a felony information charging him with distributing methamphetamine. In entering the guilty plea, Chavez admitted that on June 11, 2015, he sold approximately 82.8 grams of pure methamphetamine to an individual working with law enforcement in exchange for $1,800.
Chavez has been in custody since his arrest. He will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the DEA and is being prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.
Albuquerque Man Charged with Bank RobberyRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Herbert Boyd Smith, 50, of Albuquerque, with a bank robbery charge. During today’s proceedings, Smith was ordered detained pending trial.
The FBI and Bernalillo County Sheriff’s Office arrested Smith on Oct. 3, 2017, based on a criminal complaint charging him with robbing a bank in Bernalillo County, N.M. The complaint alleges that Smith robbed a Bank of the West branch located at 3733 Isleta Blvd., in Albuquerque on Oct. 2, 2017. According to the complaint, Smith robbed the bank by approaching a bank teller while holding a taped box and a handwritten note stating that the box was a bomb that would detonate if the teller did not comply with Smith’s demands for money.
If convicted, Smith faces a maximum penalty of 20 years in federal prison. Charges in criminal complaints are mere accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
Sandoval County Man Pleads Guilty to Federal Conspiracy and Commercial Robbery ChargesRead the Press Release
ALBUQUERQUE – Cruz Abeita, 27, of Algodones, N.M., pled guilty today in federal court in Albuquerque, N.M., to conspiracy and violating the Hobbs Act. The charges arise out of the Dec. 30, 2016, robbery of the Dancing Eagle Travel Center in Cibola County, N.M. Under the terms of his plea agreement, Abeita will be sentenced within the range of 84 to 120 months in prison followed by a term of supervised release to be determined by the court.
Abeita was arrested in Feb. 2017, on an indictment charging him with being a felon in possession of a firearm on Feb. 4, 2016, in Cibola County. According to the indictment, Abeita was prohibited from possessing firearms or ammunition because he was previously convicted of false imprisonment.
During today’s proceedings, Abeita pled guilty to a felony information charging him with conspiracy and violating the Hobbs Act by robbing a business engaged in interstate commerce. In entering the guilty plea, Abeita admitted that on Dec. 30, 2016, he entered the Dancing Eagle Travel Center in Cibola County, with an associate and demanded that the cashier give him money from the cash register, and threatened the cashier with an Airsoft replica pistol that appeared to be a real firearm. Abeita remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, and the Laguna Police Department. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
Navajo Man from Shiprock Sentenced to 78 Months for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Charley Joe, Jr., 68, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison followed by three years of supervised release for his voluntary manslaughter conviction.
Joe was arrested in Sept. 2016, on a criminal complaint charging him with murder for killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Sept. 15, 2016. According to the complaint, Joe killed the victim by repeatedly striking him with an ax.
Joe was indicted on Oct. 12, 2016, and was charged with voluntary manslaughter on Sept. 15, 2016, on the Navajo Indian Reservation in San Juan County. On March 23, 2017, Joe pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Kristopher N. Houghton.
Mexican National Pleads Guilty to Federal Heroin and Cocaine Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Abraham Andres Rios, 37, a Mexican national, pled guilty today in federal court in Albuquerque, N.M., to heroin and cocaine trafficking charges.
Rios and co-defendants Omar Garcia, 34, of Albuquerque, N.M., and Jose Alfredo Martinez-Salas, 37, a Mexican national, were arrested in Sept. 2016, on a criminal complaint charging them with cocaine and heroin trafficking offenses. According to the complaint, federal agents arrested the three defendants after they attempted to distribute approximately 6.1 kilograms of cocaine and a kilogram of heroin to undercover Homeland Security Investigations (HSI) agents.
Rios and his co-defendants subsequently were charged in a four-count indictment on Oct. 12, 2016. The indictment charged Rios and Garcia with conspiracy and possession of cocaine and heroin with intent to distribute, and Martinez-Salas with distribution of cocaine. According to the indictment, the defendants committed the crimes on Sept. 15, 2016, in Bernalillo County, N.M.
During today’s proceedings, Rios pled guilty to Counts 1, 2 and 3 of the indictment charging him with conspiracy and distribution of heroin and cocaine without the benefit of a plea agreement. At sentencing, Rios faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
On July 27, 2017, Martinez-Salas pled guilty to Count 4 of the indictment charging him with distribution of cocaine. In entering the guilty plea, Martinez-Salas admitted that on Sept. 15, 2016, he distributed approximately 3.2 kilograms of cocaine to others. Martinez-Salas admitted picking up a backpack containing cocaine in Taos, N.M., with the intention of delivering the cocaine to individuals in Albuquerque. Law enforcement officers arrested Martinez-Salas in a restaurant parking lot in northwest Albuquerque after he delivered the cocaine to other individuals. At sentencing, Martinez-Salas faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. A sentencing hearing has yet to be scheduled.
Garcia has entered a plea of not guilty to the charges in the indictment. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque offices of HSI and DEA. Assistant U.S. Attorney Alexander M. Uballez 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.
Navajo Man from Shiprock Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Lance Wilson, 30, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Wilson’s plea agreement recommends a prison sentence within the range of 60 to 72 months followed by a term of supervised release to be determined by the court.
Wilson was arrested in Jan. 2017, on a criminal complaint charging him with assaulting a Navajo man by striking him in the head with a pair of wire cutters on the Navajo Indian Reservation in San Juan County, N.M.
Wilson subsequently was indicted on Jan. 24, 2017. The two-count indictment charged Wilson with assault with intent to commit murder and assault resulting in serious bodily injury. The indictment alleged that Wilson committed the crimes on Dec. 24, 2016, on the Navajo Indian Reservation in San Juan County.
During today’s proceedings, Wilson pled guilty to Count 2 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Wilson admitted that on Dec. 24, 2016, he struck the victim twice in the head with a cable-cutting tool because he was angry with the victim. Wilson further admitted that as the result of the assault, the victim required multiple surgeries including one to place a plate in his skull. Wilson acknowledged that, as the result of the assault, the victim suffered permanent injuries including memory loss and loss of speech, requires the use of a wheelchair, and resides in a health care facility.
Wilson remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
Federal Jury Convicts Navajo Man from Gallup on First-Degree Murder and Witness Tampering ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict on Saturday afternoon (Sept. 30, 2017) finding Brian Tony guilty on first-degree murder and witness tampering charges after a five-day trial, announced Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety.
Tony, 46, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was arrested on June 3, 2016, on a criminal complaint charging him with killing a man by stabbing him in the head and neck and hitting him with a hammer. According to the criminal complaint, Tony committed the murder on the Navajo Indian Reservation in McKinley County, N.M., on May 9, 2016. At the time, Tony was on supervised release for a prior conviction on a federal assault charge.
In June 2016, a federal grand jury indicted Tony on a second-degree murder charge. The indictment was superseded on Aug. 8, 2017. The superseding indictment charged Tony with first-degree murder and two counts of witness tampering. The superseding indictment charged Tony with murdering the victim deliberately and with premeditation by beating him with a hammer and rock and stabbing him with a knife on May 9, 2016, in McKinley County. It also charged Tony with engaging in witness tampering between May 2016 and Aug. 2017, in Santa Fe County, N.M.
Trial on the superseding indictment commenced on Sept. 25, 2017, and concluded the afternoon of Sept. 30, 2017 when the jury returned a guilty verdict on all three counts in the superseding indictment. The evidence at trial established that on the evening of May 8, 2016, Tony, who was accompanied by his brother and his girlfriend, drove to a residence in Gallup, and picked up the victim and the victim’s friend. While at the residence, Tony retrieved a hammer and placed it in his vehicle.
The victim’s friend testified that Tony drove the victim and the three others to a location called “Superman Canyon,” where Tony directed the victim to get out of the car and follow him to an area beyond the sight of those in the vehicle. Thereafter, the victim’s friend attempted to get out of the vehicle after hearing the victim yell, but Tony’s brother prevented him from doing so by threatening him with violence. The victim’s friend testified that Tony later returned to the vehicle covered in blood, without the victim, and with the victim’s knife sticking through his forearm.
While Tony and the victim were off on their own and out of the sight of the other three, the victim called “911,” and requested assistance. The jury heard the victim’s nearly ten minute call to “911,” during which the victim said that he was on foot in a ditch and was bleeding as the result of having been hit in the head with a hammer. The victim identified Tony as the person who hit him and described the vehicle in which they had traveled. The call ended with the victim saying, “Hurry, here he comes now! Hurry!” The following day, law enforcement authorities found the victim’s body in a ravine located by Rock Flats Road near Churchrock, N.M. A hammer was located in the ravine near the victim’s body and a large rock with bloodstains was next to the victim’s body. The victim was wearing an empty knife sheath on his belt. An autopsy revealed that the victim had been stabbed repeatedly in the head and neck and had blunt-force trauma wounds on his head.
The evidence at trial established that, following Tony’s arrest in June 2016, he was detained at the Santa Fe County Detention Center from which he placed more than 1,000 calls to friends and relatives. During these calls, which were recorded, Tony implored his friends and relatives to convince the victim’s friend to leave town and to prevent him from testifying. The jury heard a number of these calls and heard Tony as he attempted to intimidate, threaten and persuade his girlfriend from cooperating with law enforcement authorities.
Tony testified in his own defense and claimed that he acted in self-defense when he killed the victim.
The jury deliberated approximately 10 hours before returning the guilty verdict.
Tony has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Tony faces a statutory mandatory sentence of life imprisonment.
This case was investigated by the Albuquerque and Gallup offices of the FBI and the Navajo Nation Division of Public Safety.
Assistant U.S. Attorney’s Joseph M. Spindle and Nicholas J. Marshall are prosecuting the case 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.
Oklahoma Man Sentenced for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Jason Gene Lay, 35, of Park Hill, Okla., was sentenced yesterday in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on a methamphetamine trafficking charge. Lay will be on supervised release for three years after completing his prison sentence.
Lay was arrested on March 28, 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Feb. 11, 2016, in Chaves County, N.M. According to the complaint, law enforcement agents seized approximately 53.4 grams of crystal methamphetamine, three handguns, $4,000 cash and drug paraphernalia when they executed a search warrant at a hotel room in which Lay had been residing.
On Sept. 14, 2016, Lay pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Lay admitted that on Feb. 11, 2016, law enforcement agents executed a search warrant on his hotel room, and found methamphetamine hidden in false compartments inside two canisters, $4,000 and three handguns. Lay further admitted that he planned to distribute the methamphetamine.
This case was investigated by the Las Cruces office of the DEA and the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Armed Career Criminal from Albuquerque Charged with Assaulting Federal EmployeeRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and U.S. Marshal Conrad E. Candelaria announced that a federal grand jury has charged Nathan Jensen, 34, of Albuquerque, N.M., with assaulting a federal employee. Jensen entered a not guilty plea to the indictment this morning during an arraignment hearing in federal court.
The indictment, which was filed on Sept. 21, charges Jensen with assaulting a federal employee who was engaged in the performance of his official duties on May 11, 2017, in the Sandoval County Detention Center (assault case). At the time, Jensen was detained pending sentencing in another federal case in which he had entered a guilty plea to being a felon in possession of a firearm and ammunition (firearms case).
Court records reflect that the U.S. Marshals Service’s Southwest Investigative Fugitive Team (USMS-SWIFT) arrested Jensen in the firearms case on May 16, 2016, while Jensen was on supervised release from a prior federal conviction for being a felon in possession of a firearm. The federal court had issued a warrant for Jensen’s arrest on May 4, 2016, based on a petition filed by the U.S. Probation Office to revoke his supervised release. According to the petition, Jensen had been released from the custody of the U.S. Bureau of Prisons on April 25, 2016, after completing an 84-month prison sentence, with directions to report to his probation officer and a halfway house at which he was to reside for up to six-months. The arrest warrant issued after Jensen failed to report either to his probation officer or to the halfway house, and Jensen was in possession of a firearm and ammunition when the USMS-SWIFT arrested him.
Jensen was indicted in the firearms case on June 14, 2016. The indictment stated that Jensen was prohibited from possessing firearms or ammunition on May 16, 2016, because he previously had been convicted of several felony offenses in the state courts of New Mexico in addition to his federal conviction for being a felon in possession of a firearm. On Feb. 27, 2017,
Jensen pled guilty to the indictment and admitted that he unlawfully was in possession of a firearm and ammunition on May 16, 2016, when the USMS-SWIFT arrested him for violating the conditions of his supervised release.
Jensen currently is scheduled for sentencing in the firearms case on Oct. 25, 2017, and faces a statutory mandatory minimum penalty of 15 years of imprisonment based on his status as an armed career criminal. If convicted on the assault charge, Jensen faces a maximum penalty of ten years in federal prison.
The assault case was investigated by the USMS, and the firearms case was investigated by the Albuquerque office of ATF and the USMS-SWIFT. Assistant U.S. Attorney Eva Mae Fontanez is prosecuting the two cases 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..
Another Defendant Pleads Guilty and Two More are Sentenced on Federal 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (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, 78 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 41 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.
This week, another defendant entered a guilty plea and two other defendants were sentenced on guilty pleas previously entered.
Albuquerque resident David Torrez, 32, entered a guilty plea on Sept. 26, 2017, to a methamphetamine trafficking charge. Torrez and co-defendant Jeneill Ayala, 25, were charged by indictment on July 28, 2016, with conspiracy and distributing methamphetamine on June 21, 2016, in Bernalillo County. Torrez pled guilty to Count 2 of the indictment and admitted selling approximately two ounces of methamphetamine to an undercover law enforcement agent on June 21, 2016. At sentencing, Torrez faces a statutory penalty of not less than five years and not more than 40 years in federal prison. His sentencing hearing has yet to be scheduled. Ayala has entered a not guilty plea to the charges in the indictment and is pending trial, which is scheduled for Nov. 27, 2017.
Also on Sept. 26, 2017, two other Albuquerque residents were sentenced for their convictions on methamphetamine trafficking offenses. Joshua Sedillo, 31, was sentenced to 140 months in federal prison followed by five years of supervised release, while his co-defendant Ramon Quezada, 33, was sentenced to 48 months in prison followed by three years of supervised release.
Sedillo and Quezada were arrested in July 2016, on an indictment charging them with conspiracy to distribute methamphetamine on May 11, 2016, and Sedillo individually with distributing methamphetamine on May 25, 2016. On Jan. 23, 2017, Quezada pled guilty to a felony information charging him with distributing methamphetamine and admitted that on May 11, 2016, he possessed approximately 90 grams of methamphetamine which he intended to transfer to another person. Sedillo pled guilty to the indictment on April 18, 2017, without the benefit of a plea agreement.
Twenty-two of the defendants who were charged as the result of the ATF investigation have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. One defendant is a fugitive and the charges against two defendants have been dismissed.
These cases were investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Presiliano Torrez prosecuted Sedillo and Quezada, and Assistant U.S. Attorney Eva Fontanez is prosecuting Torrez.
Albuquerque Man Arraigned on Federal Sex Trafficking ChargesRead the Press Release
ALBUQUERQUE – Last week, a federal grand jury returned an indictment charging Adonis Baker, 32, of Albuquerque, N.M., and Leotha Williams, 56, of Memphis, Tenn., with sex trafficking offenses. Yesterday Baker was arraigned on the indictment in federal court in Albuquerque, entering a not guilty plea, and was ordered detained pending trial during a detention hearing this morning. Williams was arrested in Little Rock, Ark., on Sept. 25, 2017, and is in the process of being transported to New Mexico to face the charges in the indictment.
Baker and Williams are charged in a 12-count indictment, which was filed on Sept. 21, 2017, with committing a series of commercial sex trafficking offenses between June 2012 and June 2015. The indictment charges Baker with forcing five adult victims and one victim under the age of 18 to engage in commercial sex acts, and transporting the victims across state lines for the purpose of engaging in prostitution. The indictment charges Williams with forcing one of the adult victims to engage in commercial sex trafficking and transporting that victim across state lines for the purpose of engaging in prostitution. According to the indictment, the defendants committed the crimes in Bernalillo County, N.M., from June 2012 through at least Aug. 2017.
If convicted on the crimes charged in the indictment, the defendants face the following penalties:
- Baker and Williams each face a statutory mandatory minimum of 15 years and a maximum of life in prison on the sex trafficking by force, fraud or coercion charges;
- Baker and Williams each face a statutory maximum of 20 years in prison on the interstate transporting for illegal sexual activities charges;
- Baker faces a statutory mandatory minimum of 15 years and a maximum of life in prison on the sex trafficking of a child charge; and
- Baker faces a statutory mandatory minimum of ten years and a maximum of life in prison on the interstate transporting of a child for illegal sexual activity charge.
Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of Homeland Security Investigations, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Felon from Raton Pleads Guilty to Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Mark William Elliot, 46, of Raton, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by unlawfully possessing a firearm and ammunition. Elliot entered the guilty plea under a conditional plea agreement that permits him to withdraw his guilty plea if he is successful in challenging a court order denying his motion to suppress evidence seized from him when he was arrested, which included a firearm and ammunition.
Elliot was arrested in July 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition and possession of methamphetamine with intent to distribute on March 25, 2016, in Bernalillo County, N.M. According to the indictment, Elliot was prohibited from possessing firearms or ammunition because he previously had been convicted of five counts of receiving or transferring a stolen vehicle, tampering with evidence, forgery and shooting at an occupied building.
According to court documents, on March 25, 2016, Albuquerque Police Department (APD) officers found Elliot asleep on the sidewalk next to his motorcycle, which was illegally parked in the road next to a stop sign. After waking Elliot, the officers observed a bulge in Elliot’s right front pocket. When the officers realized there was a firearm in Elliot’s pocket, Elliot attempted to flee, ran into an APD officer, and was arrested. APD officers recovered a loaded firearm and ammunition, approximately 18 grams of methamphetamine and drug paraphernalia from Elliot’s jacket during a search incident to his arrest.
During today’s proceedings, Elliot pled guilty conditionally to Count 1 of the indictment charging him with being a felon in possession of a firearm and ammunition. In entering the guilty plea, Elliot admitted possessing a loaded firearm in his right front pocket during an interaction with APD officers on March 25, 2016. Elliot acknowledged that he was prohibited from possessing firearms or ammunition on March 25, 2016, because of his status as a convicted felon.
At sentencing, Elliot faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Albuquerque Felon Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jimmie Joe Lucero, 51, of Albuquerque, N.M., was arraigned today in federal court on an indictment charging him with violating the federal firearms laws. Lucero entered a not guilty plea to the indictment and remains detained pending trial, which has yet to be scheduled.
Lucero, whose prior criminal history includes at least eight prior felony convictions including convictions for assault, aggravated assault with a deadly weapon, and battery on a peace officer, is being prosecuted as part of the federal “worst of the worst” anti-violence initiative. 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 felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The FBI arrested Lucero on June 15, 2017, based on a criminal complaint charging him with being a felon in possession of a firearm. According to the criminal complaint, FBI agents found a firearm in Lucero’s vehicle during the execution of a search warrant at Lucero’s residence. The indictment, which was filed on Sept. 21, 2017, charges Lucero with unlawfully possessing a firearm on June 15, 2017, in Bernalillo County, N.M., and alleges that Lucero was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Lucero is detailed pending trial. If convicted, Lucero faces a maximum penalty of ten years in federal prison for being a felon in possession of a firearm. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo.
Texas Man Arraigned on Armed Robbery, Carjacking and Firearms Offenses Arising Out of Northern New Mexico Crime SpreeRead the Press Release
ALBUQUERQUE – Lane Michael Reed, 23, of Killeen, Texas, was arraigned today in federal court in Albuquerque, N.M., on a seven-count indictment charging him with armed robbery of businesses involved in interstate commerce, carjacking and firearms offenses arising out of an alleged crime spree occurring on July 24-25, 2017. Reed entered a not guilty plea to the indictment and remains detained pending trial, which has yet to be scheduled.
Acting U.S. Attorney James D. Tierney said Reed is being prosecuted as part of the federal “worst of the worst” anti-violence initiative. 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 felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The indictment, which was filed on Sept. 21, 2017, charges Reed with armed robbery of two businesses involved in interstate commerce, carjacking, using, brandishing and discharging a firearm in relation to crimes of violence, and being a felon in possession of a firearm. According to the indictment, Reed allegedly robbed a gas station and convenience store in Raton, N.M., on July 24, 2017, and allegedly brandished a firearm while committing that crime. The indictment further alleges that Reed robbed a gas station and convenience store in San Jose, N.M., on July 25, 2017, and brandished a firearm while committing that crime. The indictment also charges Reed with carjacking a pickup truck by brandishing a firearm at the vehicle’s owner on July 25, 2017, in San Miguel County, N.M., and with unlawfully possessing firearms and ammunition on July 24, 2017 and July 25, 2017, in Colfax, San Miguel, Santa Fe, and Sandoval Counties, N.M. According to the indictment, Reed was prohibited from possessing firearms or ammunition because of his previous felony conviction for residential burglary.
Reed was arrested in July 2017, based on a criminal complaint charging him with interfering with interstate commerce by robbery, taking a vehicle from another by force and violence, using, brandishing and discharging a firearm during crimes of violence, and being a felon in possession of firearms and ammunition. According to the criminal complaint, on the morning of July 25, 2017, Reed allegedly robbed a gas station and convenience store in San Jose, N.M., by brandishing a firearm at a clerk and a small child and taking money from the cash register. Shortly thereafter, the storeowner entered the store and Reed allegedly brandished a firearm at the storeowner and robbed the storeowner of the keys to his vehicle and a firearm. Reed allegedly departed the store in the storeowner’s vehicle and soon encountered officers of the New Mexico State Police and Santa Fe County Sheriff’s Office who responded to a “be on the lookout” callout for Reed. While driving on the frontage road to Interstate 25 and southbound on the Interstate and seeking to evade the officers, Reed allegedly discharged a firearm in the direction of the officers, some of whom returned fire.
Officers of the New Mexico State Police and Santa Fe County Sheriff’s Office arrested Reed without incident on Interstate 25 near Mile Post 247, on state charges filed by the 1st Judicial District Attorney’s Office. Reed remained in state custody until he was transferred to federal custody on Aug. 28, 2017, to face the federal charges against him.
If convicted of the charges in the indictment, Reed faces the following statutory maximum penalties: 20 years of imprisonment on the Hobbs Act robbery charges; 15 years of imprisonment on the carjacking charge; and ten years of imprisonment for being a felon in possession of a firearm. Reed also faces the following statutory mandatory minimum penalties on three of the firearms charges: seven years of imprisonment for brandishing a firearm in relation to the first robbery; 25 years of imprisonment for discharging a firearm in relation to the second robbery; and 25 years of imprisonment for brandishing a firearm in relation to the carjacking. These sentences must be served consecutive to any sentence imposed on the Hobbs Act, carjacking and felon in possession of a firearm charges.
Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Santa Fe office of the FBI, the New Mexico State Police and the Santa Fe County Sheriff’s Office. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Four Albuquerque Residents Charged with Federal Conspiracy and Bank Fraud Charges Arising Out of Mail Theft SchemeRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Inspector in Charge Keith Fixel of the Phoenix Division of the U.S. Postal Inspection Service (USPS) announced the arraignment this morning of four Albuquerque, N.M., residents in federal court on an indictment alleging conspiracy and bank fraud charges. The charges arise out of an alleged scheme to steal mail from USPS collection boxes at U.S. Post Offices in the Albuquerque area in July and Aug. 2017.
The four defendants, Jorge R. Cabrera, 19, Hector Lau, 21, Yarelys Marquez, 19, and Fernando Cairo-Rosell, 29, are charged with conspiracy and nine counts of bank fraud in a ten-count indictment, which was filed on Sept. 21, 2017. All four defendants entered not guilty pleas to the indictment during the arraignment hearings.
U.S. Postal Inspectors arrested the four defendants 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.
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.
If convicted, the defendants each face a statutory maximum penalty of five years in federal prison on the conspiracy charge and 30 years in prison on the bank fraud charges. 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 offices of the U.S. Postal Inspection Service and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley.
Felon from Socorro Arraigned on Federal Commercial Robbery and Firearms Charges Arising Out of Aug. 29, 2017 Crime SpreeRead the Press Release
ALBUQUERQUE – Martin Garcia, 37, of Socorro, N.M., was arraigned this morning on a five-count indictment charging him with violating the Hobbs Act and federal firearms laws. The charges in the indictment arise out of an Aug. 29, 2017 crime spree during which Garcia allegedly robbed two commercial businesses at gunpoint, attempted to run over an officer, and shot a firearm in the direction of an officer who was trying to apprehend him. Garcia entered a not guilty plea to the indictment.
The indictment, which was filed on Sept. 21, 2017, charges Garcia with violating the Hobbs Act by robbing two Albuquerque-area businesses engaged in interstate commerce, a wireless communications service provider and a pizza restaurant, at gunpoint on Aug. 29, 2017. It also charges Garcia with brandishing a firearm during the first robbery and discharging a firearm during the second robbery, and with being a felon in possession of a firearm. The indictment alleges that Garcia committed the five crimes in Bernalillo County.
According to court filings, Garcia robbed two employees of a wireless communications service provider at gunpoint on Aug. 29, 2017, and robbed two employees at a pizza restaurant at gunpoint later that same day. Following the second robbery, a high-speed pursuit occurred as officers of the Albuquerque Police Department (APD) attempted to apprehend Garcia. During the pursuit, Garcia allegedly rear-ended a civilian vehicle, attempted to run over an officer who was deploying a spike strip across the road, and discharged a firearm. Officers arrested Garcia after he crashed his vehicle and ran into an abandoned residence. Following the arrest, officers allegedly seized a loaded firearm from a closet in the abandoned residence, a shell casing on the floorboard of the vehicle Garcia had been driving, and a second shell casing on the ground near the driver’s side door of the vehicle.
The FBI arrested Garcia on a federal criminal complaint on Sept. 8, 2017, and the related state charges subsequently were dismissed in favor of federal prosecution. Garcia remains in federal custody pending trial based on judicial findings that he poses a risk of flight and a danger to the community.
If convicted on the Hobbs Act robbery charges, Garcia faces a statutory maximum penalty of 20 years of imprisonment. If convicted on the felon in possession of a firearms charge, Garcia faces a statutory maximum sentence of ten years of imprisonment unless he is deemed to be an armed career criminal, in which case, he faces an enhanced sentence of not less than 15 years of imprisonment. Garcia also faces up a mandatory minimum of seven years of imprisonment for brandishing a firearm in relation to the first robbery and a mandatory minimum of 25 years of imprisonment for discharging a firearm in relation to and during the flight from the commission of the second robbery; these sentences must be served consecutive to any sentence imposed on the other charges.
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 FBI and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case 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.
California Man Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Jamell Damian Harris, Jr., 38, of Los Angeles, Calif., pled guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office
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 indicated that the heroin was contained in a bundle that 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.
During today’s change of plea hearing, 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 a on the Amtrak train by concealing the heroin in a bundle contained inside a shopping bag of men’s clothing in a suitcase belonging to another person with whom Harris was traveling. Harris further admitted that he intended to give the heroin to another individual for further distribution once he reached his final destination of Chicago.
At sentencing, Harris faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Rumaldo R. Armijo 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.
Felon from Sandia Pueblo Sentenced for Unlawful Possession of a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Robert Lorenzo Perea, 32, of Sandia Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 21 months in prison for violating federal firearms laws by unlawfully possessing a firearm and ammunition. Perea will be on supervised release for three years after completing his prison sentence.
Perea was arrested in Nov. 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Jan. 31, 2016, in Sandoval County, N.M. According to the indictment, Perea was prohibited from possessing firearms or ammunition because he previously had been convicted of child abuse and false imprisonment.
On Jan. 20, 2017, Perea pled guilty to the indictment. In entering the guilty plea, Perea, admitted that on March 29, 2010, he was convicted of two counts of child abuse and false imprisonment and was therefore prohibited from possessing firearms or ammunition on Jan. 31, 2016.
This case was investigated by the Albuquerque office of the FBI and the Sandia Pueblo Police Department. Assistant U.S. Attorney Joseph Spindle prosecuted the case.
Roswell Woman Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jennifer Rene Barela, 48, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for her conviction on a methamphetamine trafficking charge. The sentence was announced by Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Steve Borak of the El Paso Division of the DEA and Chief Patrol Agent Jeffrey D. Self of the U.S. Border Patrol El Paso Sector
Acting U.S. Attorney Tierney said that Barela, whose criminal history includes prior felony convictions for methamphetamine trafficking, burglary, forgery and fraud, 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.
Barela was arrested in Dec. 2016, and was charged by criminal complaint with possessing heroin and methamphetamine with intent to distribute the drugs in Otero County, N.M. Barela was arrested on Dec. 6, 2016, after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint south of Alamogordo, N.M., seized approximately 191.08 grams of black tar heroin, a kilogram of methamphetamine, and drug paraphernalia from the vehicle in which Barela was traveling and from Barela herself.
On July 14, 2017, Barela pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. In entering the guilty plea, Barela admitted that on Dec. 6, 2016, Border Patrol agents ordered her out of her vehicle at the U.S. Border Patrol checkpoint on New Mexico Highway 54, and discovered that Barela had approximately one kilogram of methamphetamine concealed on her person. She further admitted that she intended to deliver the methamphetamine to other individuals in exchange for money.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorney Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Albuquerque Felon Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Timothy W. Mims, 28, of Albuquerque, N.M., made his initial appearance today in federal court on a criminal complaint charging him with violating the federal firearms laws by unlawfully possessing a firearm. The firearm at issue allegedly was stolen from a bank security guard and used to perpetuate a bank robbery on Sept. 23, 2017. Mims remains in custody pending a preliminary hearing and a detention hearing both of which are scheduled at 9:30 a.m. tomorrow morning.
The Albuquerque Police Department (APD) arrested Mims on Sept. 23, 2017, in Bernalillo County, N.M., after observing Mims driving an alleged stolen vehicle and attempting to evade arrest. According to the complaint, APD officers found a firearm in the vehicle during an inventory search incident to Mims’ arrest.
The criminal complaint alleges that the firearm found in the vehicle on Sept. 23, 2017, allegedly was stolen on Sept. 14, 2017, by a man who entered the Bank of America located at 6605 Uptown Blvd. in Albuquerque, armed with a semi-automatic pistol. The man allegedly pointed his pistol at an armed security guard, pressing the pistol into the ribs of the guard above his bulletproof vest. The man then allegedly stole the security guard’s revolver and used it to rob the bank. The serial number and description of the security guard’s revolver match the serial number and description of the firearm found in the stolen vehicle allegedly operated by Mims on Sept. 23, 2017.
Mims was prohibited from possessing firearms or ammunition on Sept. 14, 2017 and Sept. 23, 2017, because of his prior convictions for felony offenses, which include convictions for aggravated assault with a deadly weapon and robbery.
If convicted of the crime charged in the criminal complaint, Mims faces a maximum penalty of ten years in federal prison. Charges in criminal complaints are mere accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and APD. Assistant U.S. Attorney Howard R. Thomas is prosecuting the case 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.
Two More Albuquerque Residents Plead Guilty to Federal 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (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, 77 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 39 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.
Two more Albuquerque residents pled guilty today in federal court to methamphetamine trafficking offenses. Daniel Loya, 31, pled guilty to distributing methamphetamine, and Jennifer Padilla, 39, pled guilty to participating in a methamphetamine trafficking conspiracy. Padilla entered her plea under a plea agreement that recommends a 24-month term of imprisonment.
Loya and co-defendants Guajira Maya Lovato, 44, and Richard Cortez, 37, were charged with conspiring to distribute methamphetamine from July 21, 2016 through Aug. 9, 2016, and with distributing methamphetamine on July 21, 2016. During today’s proceedings, Loya pled guilty to the distribution charge and admitted distributing 45 grams of methamphetamine to an undercover law enforcement agent on July 21, 2016. At sentencing, Loya faces a maximum penalty of 20 years in federal prison; he remains detained pending a sentencing hearing, which has yet to be scheduled. Loya’s co-defendants have entered guilty pleas to methamphetamine trafficking charges and are awaiting sentencing hearings.
Padilla’s co-defendant, Felix Ulibarri, 39, was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016. The indictment was superseded on Aug. 9, 2016, to add Padilla, Leo Lopez, 28, and Joseph Sena, 40, as defendants. The superseding indictment included two conspiracy charges; one charging Ulibarri and Padilla with conspiring to distribute methamphetamine in July 2016, and the other charging Padilla, Lopez and Sena with conspiring to distribute methamphetamine in July 2016. It also charged Ulibarri with distributing methamphetamine on July 11, 2016, and Sena with distributing methamphetamine on July 26, 2016. Today, Padilla pled guilty to a felony information charging her with conspiracy, and admitted facilitating a drug deal by introducing a buyer to Ulibarri, who supplied the methamphetamine. Padilla remains in federal custody pending a yet to be scheduled sentencing hearing. Her three co-defendants previously entered guilty pleas.
Twenty-three of the defendants who were charged as the result of the ATF investigation have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. One defendant is a fugitive and the charges against two defendants have been dismissed.
These cases were investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Presiliano Torrez is prosecuting Loya, and Assistant U.S. Attorney Edward Han is prosecuting Padilla.
Zuni Pueblo Man Sentenced to Federal Prison for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Police Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department announced that Justin Owen Poblano was sentenced today in federal court in Santa Fe, N.M., to five years in prison, including time already served, for his conviction on an aggravated child sexual abuse charge. Poblano will be on supervised release for 15 years after completing his prison sentence and will be required to register as a sex offender.
Poblano, 25, an enrolled member and resident of Zuni Pueblo, N.M., was arrested in Aug. 2012, on an indictment charging him with engaging in a sexual act with a child between 12 and 16 years of age. The indictment alleged that Poblano committed the crime on June 10, 2012, on the Zuni Pueblo in McKinley County, N.M. Proceedings in the case were delayed during the pendency of competency proceedings, which concluded in Oct. 2014, when the Court found him competent to stand trial. Poblano has remained in federal custody from the time of his arrest.
On July 12, 2017, Poblano pled guilty to a felony information charging him with aggravated sexual abuse. In entering the guilty plea, Poblano admitted that on June 10, 2012, while at a residence on the Zuni Pueblo, he forced the victim to engage in a sexual act.
This case was investigated by the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorney Kyle T. Nayback prosecuted 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.
The case also is being prosecuted under 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/.
Laguna Pueblo Man Sentenced to Prison for Assault by Strangulation ConvictionRead the Press Release
ALBUQUERQUE – Robert T. Maestas, 26, an enrolled member of the Laguna Pueblo who resides in Paguate, N.M., was sentenced this morning in federal court in Albuquerque, N.M., for his conviction on an assault by strangulation charge. Maestas will serve a 33-month prison term followed by three years of supervised release.
Maestas was arrested on March 17, 2017, on a criminal complaint charging him with domestic assault by a habitual offender and assault of an intimate partner by strangulation. According to the complaint, Maestas assaulted the victim on Feb. 10, 2017, in the Laguna Pueblo within Cibola County, N.M., by holding her neck against a car door with his forearm prohibiting her from breathing, and by striking her on the chest and shoulder.
Maestas was indicted on March 28, 2017, and was charged with domestic assault by a habitual offender and assault of an intimate partner by strangulation or suffocating. According to the indictment, Maestas previously was convicted in the Laguna Tribal Court of domestic violence offenses in Dec. 2011 and Jan. 2012.
On June 6, 2017, Maestas pled guilty to Count 2 of the indictment charging him with assaulting an intimate partner by strangulation. In entering the guilty plea, Maestas admitted that on Feb. 10, 2017, after brandishing a shotgun at the victim, he assaulted her by grabbing her throat with his hand and applying pressure to cause pain, striking her rib and chest area, and using his forearm to apply pressure to her neck prohibiting her from breathing. Maestas acknowledged that the victim suffered physical pain as well as bruising and marks to her forearms, neck, chest and shoulder as the result of the assault.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department. Special Assistant U.S. Attorney Lucy B. Solimon prosecuted the case pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Rio Rancho Man Pleads Guilty to Federal Child Pornography and Cyberstalking ChargesRead the Press Release
ALBUQUERQUE – Armando Camarena, 34, of Rio Rancho, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a three-count indictment charging him with child pornography and cyberstalking charges. Camarena entered the guilty plea under a plea agreement recommending a sentence of 12 years of imprisonment followed by a term of supervised release to be determined by the court. He also will be required to register as a sex offender after he completes his prison sentence.
Homeland Security Investigations (HSI) arrested Camarena in July 2014 based on a criminal complaint charging him with distributing and possessing visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, HSI initiated the investigation leading to Camarena’s arrest after receiving a lead from HSI in Idaho Falls, Idaho, which reported that a 14-year-old girl had received child pornography, child erotica and threatening messages on her iPod from an individual the child met through social media. Investigation revealed that the child pornography and threats were sent from an IP Address used by Camarena. On July 30, 2014, HSI and the Albuquerque Police Department (APD) executed a federal search warrant at Camarena’s residence and seized computer images consistent with child pornography. Camarena was taken into custody at that time.
Camarena was indicted on Aug. 12, 2014, and was charged with receipt of child pornography, possession of child pornography, and cyberstalking. The indictment alleged that Camarena committed the crimes in Sandoval County, N.M., between Dec. 2013 and July 2014.
During today’s change of plea hearing, Camarena pled guilty to the indictment. In his plea agreement, Camarena admitted that in Dec. 2013, he used a social media application to initiate contact with a juvenile victim residing outside New Mexico. When the juvenile victim sought to terminate contact with Camarena in Jan. 2014, Camarena sent the juvenile victim a series of messages in which he threatened to kill and inflict serious bodily injury on the victim and the victim’s family with the intention of causing them substantial emotional distress.
In his plea agreement, Camarena also admitted that in July 2014, he possessed child pornography on his cellular telephone, which he downloaded and received from the internet. Camarena acknowledged that law enforcement officers seized his cellular telephone when they executed a federal search warrant at his residence on July 30, 2014.
Camarena has been in custody since his arrest in July 2014. He will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by SPEED, the Sexual Predator and Exploitation Enforcement Detail, which is comprised of officers from HSI-Albuquerque office, APD and the Bernalillo County Sheriff’s Office, with assistance from HSI-Idaho and the Idaho Fusion Center.
The case is being prosecuted by Assistant U.S. Attorney Jack E. Burkhead 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 Facing Federal Commercial Robbery and Firearms ChargesRead the Press Release
ALBUQUERQUE – Today a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Trevor David Littleman, 25, an enrolled member of the Navajo Nation with violating the Hobbs Act and federal firearms laws. Littleman remains in federal custody pending trial which has yet to be scheduled.
The criminal complaint alleges that on Sept. 8, 2017, Littleman robbed the Giants Gas Station and Convenience Store located on New Mexico State Road 371, Main Street in Crownpoint, N.M., at gunpoint. Before departing from the store with packs of cigarettes and cash from the cash registers, Littleman allegedly fired one round of ammunition into the ceiling. According to the complaint, a 9mm casing and shattered fluorescent light and debris were found on the floor of the gas station.
If convicted on the charges in the criminal complaint, Littleman faces a statutory maximum penalty of 20 years in prison on the Hobbs Act charge. Littleman also faces a mandatory minimum of ten years of imprisonment for discharging a firearm, which must be served consecutive to any sentence imposed on the other charge. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.
Former Santa Fe Engineer Sentenced to Federal Prison for Obstructing IRS and Filing False Tax ReturnsRead the Press Release
ALBUQUERQUE – Darryl J. Gutierrez, 62, of Santa Fe, N.M., was sentenced today in federal court to 33 months in prison followed by one year of supervised release for violating the federal tax laws by obstructing and impeding the administration of the internal revenue laws and filing false tax returns. Gutierrez was also ordered to pay $174,196 in restitution to the Internal Revenue Service (IRS), a $15,000 fine and a $1,100 special penalty assessment.
Gutierrez was indicted on Nov. 5, 2015, and was charged with one count of obstructing and impeding the due administration of the internal revenue laws and ten counts of making and subscribing false tax returns.
Gutierrez proceeded to trial on the eleven-count indictment on March 27, 2017, and concluded March 30, 2017, when the jury returned a guilty verdict on all eleven counts of the indictment. During the trial, the jury learned that Gutierrez was an electrical engineer who worked at Los Alamos National Laboratory for almost 30 years, earning an annual salary ranging from $80,000 to $115,000 in tax years 2000 to 2009. The evidence at trial also established that Gutierrez, after years of regularly filing timely income tax returns with the IRS, stopped complying with the federal tax laws and began engaging in a pattern of obstructive conduct to prevent the IRS from assessing and collecting his taxes.
The evidence at trial showed that Gutierrez’s obstructive tactics included sending frivolous correspondence to the IRS, and, submitting, under penalty of perjury, false tax information to his employer and to the IRS. For instance, the evidence showed that Gutierrez submitted, under penalty of perjury, false withholdings information (Forms W-4) to his employer and false statements of his wages on his personal income tax returns (Forms 1040) filed with the IRS. The evidence further showed that between Nov. 2010 and Jan. 2011, Gutierrez filed ten false federal income tax returns for tax years 2000 to 2009 seeking a refund when in fact Gutierrez owed the IRS approximately $125,000.
This case was investigated by the Albuquerque office of IRS Criminal Investigation, and was prosecuted by Assistant U.S. Attorneys Margaret Vierbuchen and Holland S. Kastrin.
Zia Pueblo Man Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Dale Dominic Galvan, 40, an enrolled member of the Zia Pueblo, pled guilty today in federal court to a felony child abuse charge. Under the terms of his plea agreement, Galvan will be sentenced within the range of six to 24 months in federal prison.
Galvan was indicted on May 12, 2015, and was charged with abandonment or abuse of a child under the age of 18 on April 15, 2014, on the Santa Clara Pueblo in Rio Arriba County, N.M.
During today’s proceedings, Galvan pled guilty to a felony information charging him with child abuse. In entering the guilty plea, Galvan admitted that on April 15, 2014, he exposed a two-year-old child to inclement weather by leaving the child in a vehicle for at least 20 to 45 minutes on a cold night with a temperature of about 29 degrees Fahrenheit. The child was dressed only in a t-shirt, without a diaper, socks, or pants and was found to be cold and shivering. Galvan further admitted that his actions caused and permitted a substantial and unjustifiable risk of serious harm to the safety and health of the child. A sentencing hearing has yet to be scheduled.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services, and the Santa Clara Pueblo Tribal Police Department. Special Assistant U.S. Attorney Lucy B. Solimon prosecuted the case.
Navajo Man from Breadsprings, N.M., Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Brian Lee, 31, an enrolled member of the Navajo Nation who resides in Breadsprings, N.M., pled guilty today in federal court in Albuquerque, N.M., to child sexual abuse charges. Under the terms of his plea agreement, Lee will be sentenced to 15 years in federal prison followed by a term of supervised release to be determined by the court. Lee will also be required to register as a sex offender.
Lee was arrested on July 13, 2017, on a two-count indictment charging him with sexually abusing a child under the age of 12 on two separate occasions between July 2012 and July 2016, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Lee pled guilty to a two-count felony information charging him with aggravated sexual abuse and sexual abuse. In entering the guilty plea, Lee admitted that between July 15, 2012 and July 15, 2016, he engaged in sexual acts with the victim on two separate and distinct occasions at his home in Breadsprings on the Navajo Indian Reservation. Lee further admitted that he likely was responsible for infecting the victim with a sexually transmitted disease. Lee remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI. Special Assistant U.S. Attorney Lucy B. Solimon is prosecuting this case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Las Cruces Man Facing Federal Charge for Using Interstate Communications to Threaten Las Cruces StudentsRead the Press Release
ALBUQUERQUE –Michael Anthony Estrada, 23, of Las Cruces, N.M., made his initial appearance today in federal court on a criminal complaint charging him with using interstate communications to threaten the lives and safety of children at a Las Cruces public elementary school. Estrada remains in custody pending a preliminary hearing and a detention hearing, both of which are currently scheduled for Sept. 21, 2017.
Estrada was arrested on Sept. 15, 2017, for allegedly using social media platforms to post threats to shoot children at a Las Cruces public elementary school. According to the complaint, the threats allegedly posted by Estrada led local schools in Las Cruces to shelter students in place and shut down operations until Estrada was apprehended.
If convicted of the charges in the criminal complaint, Estrada faces a statutory maximum penalty of five years in prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Cruces Police Department. Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Albuquerque Man Sentenced for Aiding and Abetting Armed Bank RobberyRead the Press Release
ALBUQUERQUE – Christian Herrera 21, of Albuquerque, N.M., was sentenced this morning in federal court to 37 months in prison followed by four years of supervised release for aiding and abetting the armed robbery of an Albuquerque-area bank.
Herrera was arrested in March 2016, on a criminal complaint charging him and four co-defendants, Greg Miera, 51, Martin Huertta, 43, Christian Herrera, 21, Christopher Gallegos, 33, and Isaiah Gallegos, 22, all of Albuquerque, with robbing the US Bank branch located at 5620 Wyoming Blvd. NE in Albuquerque, on March 30, 2016. According to the complaint, Albuquerque Police Department (APD) officers conducted surveillance as a vehicle with four men pulled up to the US Bank on the afternoon of March 30, 2016. Three of the men remained in the vehicle while the fourth entered the bank, threatened to shoot the bank employees, and demanded that two bank tellers place cash into a plastic bag.
Herrera, Huertta, Miera, Christopher Gallegos and Isaiah Gallegos were indicted on April 27, 2016, and were charged with bank robbery.
On Feb. 24, 2017, Herrera entered a guilty plea to the indictment. In entering the guilty plea, Herrera admitted aiding and abetting the armed robbery of the U.S. Bank branch on March 30, 2016, by acting as a lookout during the robbery.
Herrera’s four co-defendants have all entered guilty pleas and have been sentenced. Huertta pled guilty on Sept. 9, 2016 and was sentenced on March 14, 2017 to 108 months in prison followed by five years of supervised release. Miera pled guilty on Oct. 11, 2016, and was sentenced on June 8, 2017, to 78 months in prison followed by five years of supervised release. Isaiah Gallegos entered a guilty plea on April 25, 2017, and was sentenced on Aug. 15, 2017, to 37 months in prison followed by three years of supervised release. Christopher Gallegos pled guilty on Feb. 13, 2017, and was sentenced on Aug. 29, 2017, to 57 months in prison followed by five years of supervised release.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Letitia C. Simms prosecuted the case.
Three Albuquerque Residents Sentenced to Prison for Aggravated Identity Theft ConvictionsRead the Press Release
ALBUQUERQUE – Three Albuquerque, N.M., residents were sentenced this afternoon in federal court for their convictions on aggravated identity theft charges. Amelia Cordova, 35, Bridget Jessica Sanchez, 35, and Kenneth Webb, 50, were each sentenced to 24 months in prison followed by one year of supervised release.
Cordova, Sanchez and Webb were charged in a five-count indictment filed on Oct. 25, 2016, with conspiracy to commit bank fraud, aggravated identity theft, and receipt of stolen mail. The indictment was superseded on April 26, 2017, and charged the three defendants with participating in a conspiracy to commit bank fraud from Jan. 2015 through Feb. 2016. The superseding indictment also charged each of the three defendants with committing aggravated identity theft on the following dates: Cordova on Feb. 13, 2016; Sanchez on Jan. 19, 2015; and Webb on June 2, 2015. It also charged Cordova and Sanchez with theft or receipt of stolen mail on July 20, 2015. According to the superseding indictment, the defendants committed the crimes in Bernalillo County, N.M.
On June 15, 2017, Cordova and Sanchez each pled guilty to an aggravated identity theft charge. In their plea agreements, Cordova and Sanchez admitted that they conspired to defraud financial institutions, including First Financial Credit Union, Kirtland Federal Credit Union, Sandia Laboratory Federal Credit Union, Bank of America and Bank of the West. They also admitted that in furtherance of that conspiracy, they possessed mail and other information, including bank account, debit card and credit card numbers belonging to others, that had been stolen from a post office, mail receptacle, or mail carrier. Cordova and Sanchez admitted using the numbers for the bank accounts, credit cards and debit cards to make purchases, and forging signatures of others in making those purchases. Cordova and Sanchez also admitted using bank account numbers and bank routing numbers contained in the stolen mail to make counterfeit personal checks, which they used to make purchases.
In entering her guilty plea, Cordova admitted that between Feb. 13 and 21, 2016, she used credit card number information from two different people to commit bank fraud.
In entering her guilty plea, Sanchez admitted that on Jan. 19, 2015 and between June 15 and 24, 2015, she used bank account information belonging to another person to commit bank fraud. Sanchez also admitted using credit card number information of another person on Feb. 10, 20, and 21, 2016.
On June 19, 2017, Webb pled guilty to an aggravated identity theft charge and admitted that he conspired with his codefendants to defraud the financial institutions. In entering the guilty plea, Webb further admitted that between June 2, 2015 and June 19, 2015, he possessed and used bank account information of other individuals. Webb also admitted that on July 20, 2015, he possessed counterfeit checks, counterfeit New Mexico state identification cards and other identification that belonged to other individuals.
This case was investigated the U.S. Postal Service and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney George C. Kraehe.
Las Cruces Woman Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Alma Delia Perez, 29, of Las Cruces, N.M., pled guilty today in federal court to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Perez was arrested in June 2017, on a criminal complaint charging her with possessing approximately .57 kilograms of heroin on June 13, 2017, in Dona Ana County, N.M. According to the complaint, Perez was arrested after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint in Las Cruces seized two packages of black tar heroin weighing approximately 570 grams that was concealed in the backseat of the vehicle in which Perez was traveling.
During today’s proceedings, Perez pled guilty to a felony information charging her with conspiracy and possession of heroin with intent to distribute. In entering the guilty plea, Perez admitted that on June 13, 2017, she entered the Border Patrol checkpoint on Interstate 25 in a vehicle containing approximately 570 grams of heroin concealed in a hallowed out portion of the backseat. Perez further admitted that she had conspired with others to deliver the heroin to individuals within the United States in exchange for money.
At sentencing, Perez faces a maximum penalty of 20 years in federal prison. Perez remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Special Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office 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.
Felon from Silver City Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Joseph A. Jacobs, 35, of Silver City, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws under a plea agreement with the U.S. Attorney’s Office.
Jacobs was arrested in May 2017, on an indictment charging him with being a felon in possession of a firearm and ammunition on Feb. 1, 2016, in Luna County, N.M. According to the indictment, Jacobs was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance with intent to distribute.
During today’s proceedings, Jacobs pled guilty to the indictment and admitted that on Feb. 1, 2016, he possessed a handgun and multiple rounds of ammunition despite his status as a convicted felon prohibited from possessing firearms or ammunition. At sentencing, Jacobs faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the Deming Police Department. Assistant U.S. Attorney Matthew Beck of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Federal Jury Finds Dona Ana County Man Guilty on Conspiracy and Transporting Illegal Aliens ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., found Jose Luis Zamora, 25, a legal permanent resident residing in Rincon, N.M., guilty on an indictment charging him with conspiracy and transporting illegal aliens. The guilty verdict was 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, and El Paso Sector Chief Border Agent Jeffrey D. Self of the U.S. Border Patrol.
Zamora was arrested on Feb. 14, 2017, on a criminal complaint charging him with conspiracy to transport illegal aliens. He subsequently was indicted on April 19, 2017, and charged with conspiracy and three counts of transporting illegal aliens. Zamora’s trial began on Sept. 11, 2017, and concluded late yesterday afternoon when the jury returned a guilty verdict on all four counts of the indictment.
The evidence at trial established that on Feb. 11, 2017, U.S. Border Patrol agents encountered seven individuals who were attempting to circumvent the U.S. Border Patrol Checkpoint on Highway 185 in Dona Ana County, N.M. The agents arrested the seven individuals after determining that they were undocumented aliens. Three of the undocumented aliens testified during the trial, stating that Zamora picked them up near the border in El Paso, Tex., after they were smuggled into the United States from Juarez, Mexico, on Feb. 8, 2017. They admitted paying $1,500, $4,000 and $4,500, respectively, to be smuggled into the United States.
The undocumented aliens testified that they crossed the border into the United States, Zamora picked them up in a van, and drove them to a trailer and later to a hotel in Las Cruces where they stayed for two days. On Feb. 11, 2017, Zamora drove the undocumented aliens north on Interstate 25 before pulling off the road before the U.S. Border Patrol checkpoint. Zamora instructed them to walk around the U.S. Border Patrol checkpoint so they would not be detected, telling them that he would pick them up in two hours. Border Patrol agents arrested the undocumented aliens as they were walking around the checkpoint to meet Zamora.
The jury deliberated approximately one hour before returning its guilty verdict.
Zamora has been in federal custody since his arrest and remains in federal custody pending a sentencing hearing, which has yet to be scheduled. At sentencing, Zamora faces a statutory maximum penalty of ten years in federal prison.
This case was investigated by the Las Cruces office of Homeland Security Investigations and U.S. Border Patrol, and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez and Special Assistant U.S. Attorney Kathleen E. Robeson of the U.S. Attorney’s Las Cruces Branch Office.