District of New Mexico

ALBUQUERQUE – Lewayne Deray Jennings, 28, of Southfield, Mich., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Jennings is the second of three defendants to plead guilty to charges arising out of a seizure of 21.6 pounds of methamphetamine on Dec. 28, 2016, by the DEA and New Mexico State Police.

 

The DEA and New Mexico State Police arrested Jennings and co-defendants Marcus Bernard Harris, 22, of Detroit, Mich., and Jerrell Leveine Whitman-Crutcher, II, 31, of Warren, Mich., on Dec. 28, 2016, after seizing total of 9.8 kilograms (21.6 pounds) of methamphetamine from them during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The criminal complaint setting forth the charges against the three men indicated that the methamphetamine was contained in bundles that were concealed in duffle bags.

 

Jennings, Harris and Whitman-Crutcher subsequently were indicted on Jan. 24, 2017, and were charged with conspiracy and possession of methamphetamine with intent to distribute on Dec. 28, 2016, in Bernalillo County, N.M.

 

During today’s change of plea hearing, Jennings pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Jennings admitted transporting methamphetamine to Albuquerque on a Greyhound bus by concealing the methamphetamine in bundles in his luggage.

 

Harris pled guilty to a similar charge on June 1, 2017.

 

At sentencing, Jennings and Harris each face a maximum penalty of 20 years in federal prison. Sentencing hearings for the two men have yet to be scheduled.

 

Whitman-Crutcher has entered a plea of not guilty to the charges against him. Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

 

This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney David M. Walsh is prosecuting the case.

ALBUQUERQUE – Sabrina Morgan, 39, of Jeddito, Ariz., was sentenced today in federal court in Albuquerque, N.M., to five years of probation for her conviction on a larceny charge. The charge arose out of her stealing cash from a commercial business in Naschitti, N.M. Morgan also was ordered to pay $4,800.00 in restitution to the victim of her criminal conduct, and was ordered to perform 40 hours of community service.

 

Morgan was charged in an indictment filed on March 14, 2017, with stealing money belonging to the Red Mesa Trading Company, which is located on the Navajo Indian Reservation in San Juan County, N.M. At the time she committed the crime, Morgan was employed as the district supervisor of the Trading Company.

 

On April 26, 2017, Morgan entered a guilty plea to the indictment without the benefit of a plea agreement.

 

This case was investigated by the Farmington office of the FBI and was prosecuted by Assistant U.S. Attorney Michael D. Murphy.

ALBUQUERQUE – Alex Bernard Fletcher, 41, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for his conviction on methamphetamine trafficking laws and firearms charges. Fletcher will be on supervised release for five years after completing his prison sentence and will be required to perform 50 hours of community service.

 

Fletcher was arrested on Nov. 5, 2015, on a criminal complaint charging him with drug trafficking and firearms offenses. The criminal complaint charged Fletcher with distributing approximately 51 grams of methamphetamine to an undercover law enforcement officer on Oct. 28, 2015, in Bernalillo County, N.M. As officers were closing in to make the arrest, they observed Fletcher reach into his waistband and throw a firearm to the ground in an attempt to conceal it from the officers.

 

Fletcher was indicted on Dec. 2, 2015, and was charged with being a felon in possession of a firearm and ammunition, distributing methamphetamine, and using and carrying a firearm in relation to a drug trafficking crime. According to the indictment, in late Oct. 2015, Fletcher was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses.

 

On Aug. 30, 2016, Fletcher pled guilty to a two-count information charging him with distribution of methamphetamine, and using and carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Fletcher admitted selling 51 grams of methamphetamine to an undercover officer. Fletcher also admitted that he possessed a firearm during the drug deal in order to assist him facilitate his drug trafficking crime. Fletcher acknowledged that as a convicted felon, he was prohibited from possessing firearms or ammunition.

 

This case was investigated by Albuquerque office of Homeland Security Investigations and APD’s Central Narcotics Unit. Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case.

ALBUQUERQUE – Selma Morales, 53, of Lubbock, Tex., pleaded guilty in federal court in Albuquerque, N.M., to a wire fraud charge arising from a scheme that defrauded her employer of more than $550,000. The guilty plea was announced by Acting U.S. Attorney James D. Tierney and Special Agent in Charge Terry Wade of the Albuquerque division of the FBI.

 

A federal grand jury charged Morales with committing wire fraud in an indictment filed on July 27, 2017. According to the indictment, from May 2009 through May 2015, Morales engaged in a scheme to defraud her employer, a law firm headquartered in Lubbock with offices in Albuquerque, Hobbs and Las Cruces, N.M., of more than $550,000, which she used for unauthorized personal charges and expenditures. At the time, Morales was the law firm’s financial manager and bookkeeper.

 

During today’s change of plea hearing, Morales pled guilty to the indictment and admitted abusing her position as a trusted, high-level employee who managed the law firm’s day-to-day finances. In her plea agreement, Morales acknowledged having access to the law firm’s bank accounts and credit cards and traveling to the firm’s locations in Albuquerque, Hobbs and Las Cruces in connection with her employment. Morales admitted using four of the law firm’s credit cards to pay for personal expenses, including meals, groceries, car repairs, car and home insurance, property taxes, funeral expenses for a relative, clothing, sports apparel and equipment, designer products, jewelry, and plastic surgery. Morales also used the law firm’s credit cards to pay for family vacations and travel (including trips to San Francisco, Calif., Seattle, Wash., and Las Vegas, Nev.), entertainment (including season tickets to college athletic events, concerts and NBA playoff tickets), apartment rental payments, and college tuition payments. Morales admitted using her position as well as information about her employer to conceal her fraudulent activity.

 

The plea agreement recommends that Morales be sentenced to a term of imprisonment not to exceed 24 months. It also requires that Morales make restitution to her former employer. Morales remains on conditions of release pending her sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Margaret M. Vierbuchen.

 

morales_indictment.pdf

ALBUQUERQUE – Michael Dalton, 34, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison for unlawfully possessing firearms and ammunition. Dalton will be on supervised release for three years after completing his prison sentence.

 

Dalton, who has seven prior felony convictions, was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested Dalton was arrested on June 7, 2016, on a federal criminal complaint after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges subsequently were dismissed in favor of federal prosecution.

 

The criminal complaint charged Dalton with illegally possessing firearms and ammunition on Aug. 28, 2015, in Chaves County, N.M. Dalton was indicted on the same charge on June 30, 2016. The indictment was superseded on Oct. 25, 2016, to add a second offense charging Dalton with being a drug addict unlawfully in possession of firearms and ammunition on Aug. 28, 2015, in Chaves County. According to court documents, Dalton was prohibited from possessing firearms or ammunition because he had prior felony convictions for burglary, breaking and entering, forgery, aggravated fleeing from a law enforcement officer, possessing burglary tools, tampering with evidence, larceny, and possession of a controlled substance.

 

Dalton proceeded to trial on the two-count superseding indictment on Jan. 23, 2017, and the jury returned a guilty verdict on both counts on Jan. 25, 2017. The evidence at trial established that on Aug. 28, 2015, officers of the Roswell Police Department responded to Dalton’s residence in response to a call from Dalton’s neighbor. The neighbor testified that she called the police after hearing Dalton threaten to shoot his girlfriend in the head during a fight between the couple that occurred outside Dalton’s residence. The neighbor also testified that Dalton attempted to run over his girlfriend with his car before going into his residence with his three-year-old child. The neighbor then heard gunshots coming from Dalton’s residence.

 

Dalton barricaded himself in his residence, requiring a SWAT team to be dispatched to coax Dalton out of the residence. After an hour-long standoff, came out of the residence and he was identified as a convicted felon, leading the officers to obtain a search warrant for his residence. While executing the search warrant, the officers seized two rifles, a handgun and approximately 240 rounds of ammunition from ’s residence. The evidence at trial also established that in addition to being a convicted felon, was a methamphetamine addict.

 

This case was investigated by the Las Cruces office of the ATF and the Roswell Police Department. Assistant U.S. Attorneys Alexander B. Shapiro and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and U.S. Marshal Conrad E. Candelaria announced that the office of Ayudando Alpha, Inc., d/b/a “Ayudando Guardians, Inc.” (Ayudando), will close effective today, August 31, 2017. Despite the office’s closing, the U.S. Marshals Service (USMS) remains responsible for managing Ayudando’s business affairs under a protective restraining order issued by the U.S. District Court for the District of New Mexico, which authorized the USMS’s Complex Assets Unit to assume control of Ayudando’s business operations.

 

The U.S. Marshals Service took over Ayudando’s business operations on July 19, 2017, when federal officials announced the filing of a 28-count indictment against Ayudando and its co-founders, Susan Harris, 70, and Sharon Moore, 62. The indictment alleges conspiracy, fraud, theft and money laundering charges arising out of an alleged scheme to embezzle funds from client trust accounts managed by Ayudando, a non-profit corporation that provides guardianship, conservatorship and financial management services to hundreds of individuals with special needs. The federal court order authorized the USMS to operate the business to ensure that its assets were not improperly spent or removed, and that the interests of Ayudando clients were protected as the prosecution of the criminal case moves forward.

Acting under the federal court order, the USMS has facilitated the transfer of the vast majority of Ayudando’s approximately 1400 clients, including all clients who receive benefits from the U.S. Department of Veterans Affairs and U.S. Social Security Administration, to other service providers and/or new representative payees. In addition, the majority of clients for whom Ayudando was appointed as guardian by the state courts have also been transferred to temporary guardians pending final transfers in the coming weeks. As part of these processes, clients can expect to receive communication from their new representative payee, guardian, or fiduciary if they have not already.

 

Ayudando clients who are still awaiting transfers will receive services from providers that have entered into agreements with Ayudando and the USMS to provide temporary, interim services until long-term transfers can be accomplished:

• Ayudando clients who are part of the class of individuals covered by the New Mexico Office of Guardianship will receive services from either CNRAG, Inc., Tierra Alta Guardianship Services, LLC, or Quality of Life Guardians, LLC, until the courts can appoint new temporary or permanent guardians for those individuals, if appropriate.

• Any other Ayudando clients for whom Ayudando maintained guardianship, medical power of attorney accounts, private trust accounts or conservator services will receive guardianship services from Ascending Hope, LLC, or financial fiduciary services from Bridge to Success, Inc., until the courts can appoint new temporary or permanent guardians for those individuals, if appropriate.

 

Although the physical office space of Ayudando are now closed and other service providers are servicing Ayudando clients, the USMS remains responsible for managing Ayudando’s business affairs pursuant to the federal court order, and remains committed to ensuring continuity of service for Ayudando clients.

 

Harris and Moore have entered not guilty pleas to the charges in the indictment and are under pretrial supervision and other conditions of release pending trial, which has yet to be scheduled. The public is reminded that charges in indictments are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Information about the federal investigation into Ayudando, including the pending prosecution of Ayudando and its principals and the federal court order, is available at www.justice.gov/usao-nm/ayudando-guardians.

 

The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation. The Complex Assets Unit and the Albuquerque and Phoenix, Ariz., offices of the USMS, the Criminal Investigations Division of the VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

ALBUQUERQUE – CHRISTUS St. Vincent Regional Medical Center (St. Vincent) and its partner, CHRISTUS Health (CHRISTUS), have agreed to resolve allegations that they violated the False Claims Act by making illegal donations to county governments, which were used to fund the state share of Medicaid payments to the hospital, the Department of Justice announced today. Under the settlement agreement, St. Vincent and CHRISTUS have agreed to pay $12.24 million, plus interest. St. Vincent is located in Santa Fe, New Mexico. CHRISTUS is based in Irving, Texas.

 

“Congress expressly intended that states and counties use their own money when seeking federal matching funds,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Using local funds provides an incentive for the counties and states to, among other things, hold down costs rather than rely on non bona-fide donations by private providers.”

 

New Mexico’s Sole Community Provider (SCP) program, which was discontinued in 2014, provided supplemental Medicaid funds to hospitals in mostly rural communities. The federal government reimbursed the state of New Mexico for approximately 75 percent of its health care expenditures under the SCP program. Under federal law, New Mexico’s 25 percent “matching” share of SCP program payments had to consist of state or county funds, and not impermissible “donations” from private hospitals. This restriction on the use of private hospital funds to satisfy state Medicaid obligations was enacted by Congress to curb possible abuses and ensure that states have sufficient incentive to curb rising Medicaid costs.

 

Between 2001 and 2009, St. Vincent and CHRISTUS allegedly made non-bona fide donations and thus caused the presentment of false claims by the state of New Mexico to the federal government under the Medicaid program.

 

“Protecting the integrity of the Medicaid program is crucial because millions of Americans, including hundreds of thousands of New Mexicans, depend on the program for medical care and related services,” said Acting U.S. Attorney James D. Tierney for the District of New Mexico. “This case illustrates our commitment to ensuring that government funds are legally obtained and used for their intended purposes. We will use all available civil remedies to recover the ill-gotten gains obtained by those who defraud government health care programs.”

 

The settlement resolves allegations originally brought in a lawsuit filed by a former Los Alamos County, New Mexico Indigent Healthcare Administrator under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower will receive $2.249 million as her share of the recovery in this case.

 

The case was handled by the U.S. Attorney’s Office for the District of New Mexico with assistance from the Justice Department’s Civil Division and the U.S. Department of Health and Human Services Office of Inspector General.

 

The lawsuit is captioned U.S. ex rel. Stepan v. Christus St. Vincent Regional Medical Center Corp. et al., Civil Action No. 11-cv-572 (D.N.M.). The claims settled by this agreement are allegations only; there has been no determination of liability.

CHRISTUS St. Vincent Regional Medical Center (St. Vincent) and its partner, CHRISTUS Health (CHRISTUS), have agreed to resolve allegations that they violated the False Claims Act by making illegal donations to county governments, which were used to fund the state share of Medicaid payments to the hospital, the Department of Justice announced today. Under the settlement agreement, St. Vincent and CHRISTUS have agreed to pay $12.24 million, plus interest. St. Vincent is located in Santa Fe, New Mexico. CHRISTUS is based in Irving, Texas.

 

“Congress expressly intended that states and counties use their own money when seeking federal matching funds,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Using local funds provides an incentive for the counties and states to, among other things, hold down costs rather than rely on non bona-fide donations by private providers.”

 

New Mexico’s Sole Community Provider (SCP) program, which was discontinued in 2014, provided supplemental Medicaid funds to hospitals in mostly rural communities. The federal government reimbursed the state of New Mexico for approximately 75 percent of its health care expenditures under the SCP program. Under federal law, New Mexico’s 25 percent “matching” share of SCP program payments had to consist of state or county funds, and not impermissible “donations” from private hospitals. This restriction on the use of private hospital funds to satisfy state Medicaid obligations was enacted by Congress to curb possible abuses and ensure that states have sufficient incentive to curb rising Medicaid costs.

 

Between 2001 and 2009, St. Vincent and CHRISTUS allegedly made non-bona fide donations and thus caused the presentment of false claims by the state of New Mexico to the federal government under the Medicaid program.

 

“Protecting the integrity of the Medicaid program is crucial because millions of Americans, including hundreds of thousands of New Mexicans, depend on the program for medical care and related services,” said Acting U.S. Attorney James D. Tierney for the District of New Mexico. “This case illustrates our commitment to ensuring that government funds are legally obtained and used for their intended purposes. We will use all available civil remedies to recover the ill-gotten gains obtained by those who defraud government health care programs.”

 

The settlement resolves allegations originally brought in a lawsuit filed by a former Los Alamos County, New Mexico Indigent Healthcare Administrator under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower will receive $2.249 million as her share of the recovery in this case.

 

The case was handled by the U.S. Attorney’s Office for the District of New Mexico with assistance from the Justice Department’s Civil Division and the U.S. Department of Health and Human Services Office of Inspector General.

 

The lawsuit is captioned U.S. ex rel. Stepan v. Christus St. Vincent Regional Medical Center Corp. et al., Civil Action No. 11-cv-572 (D.N.M.). The claims settled by this agreement are allegations only; there has been no determination of liability.

ALBUQUERQUE – Yvon Juteau, 32, a non-Indian man who resides in Rancho de Taos, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 30 months in prison for his conviction on an assault charge. Juteau will be on supervised release for three years after completing his prison sentence.

 

Juteau was arrested on Sept. 23, 2016, on an indictment charging him with assaulting an Indian man and an Indian woman resulting in serious bodily injury on July 10, 2013, on Taos Pueblo in Taos County, N.M.

 

On May 10, 2017, Juteau pled guilty to the indictment and admitted that on July 10, 2013, he drove a motor vehicle recklessly, causing a crash that seriously injured an Indian woman.

 

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle.

 

ALBUQUERQUE – Lisa Benally, 37, an enrolled member of the Navajo Nation from Fort Defiance, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 46 months in prison followed by three years of supervised release for her conviction on federal firearms and burglary charges.

 

Benally and co-defendant Loren Lloyd Wauneka, 37, an enrolled member of the Navajo Nation from Window Rock, Ariz., were arrested on Jan. 29, 2016, on a criminal complaint charging them with being felons in possession of firearms and burglary on the Navajo Indian Reservation in McKinley County, N.M. According to the criminal complaint, a law enforcement officer encountered Wauneka, Benally and others as they were attempting to burglarize the officer’s residence on the Navajo Indian Reservation. A television, jewelry, bags, computer laptops and two firearms belonging to the officer were seized from inside Wauneka and Benally’s vehicle pursuant to a search warrant.

 

Benally and Wauneka subsequently were indicted on Feb. 24, 2016, and charged with being felons in possession of firearms and ammunition, possession of stolen firearms and aggravated burglary on Dec. 1, 2015, in McKinley County. According to the indictment, Wauneka was prohibited from possessing firearms or ammunition because he previously was convicted of unlawful discharge of a firearm and aggravated driving while intoxicated. Benally was prohibited from possessing firearms or ammunition because she previously had been convicted of escape, possession of drug paraphernalia and possession of dangerous drugs.

 

On March 27, 2017, Benally pled guilty to being a felon in possession of a firearm and ammunition and aggravated burglary. In entering the guilty plea, Benally admitted that on Dec. 1, 2015, she and others drove to and unlawfully entered a residence with the intent to commit theft and stole two firearms and ammunition, which Benally placed into her vehicle, thus making Benally armed during the burglary. Benally further admitted that she was prohibited from possessing firearms or ammunition because of her status as a convicted felon.

 

On March 23, 2017, Wauneka pled guilty to being a felon in possession of a firearm and ammunition and aggravated burglary. In entering the guilty plea, Wauneka admitted that on Dec. 1, 2015, he entered a residence with the intent to commit theft and stole two firearms and ammunition which he placed into his vehicle, thus making Wauneka armed during the burglary. Wauneka further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Wauneka was sentenced on Aug. 10, 2017, to 37 months in prison followed by three years of supervised release.

 

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, the McKinley County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney Michael D. Murphy prosecuted the case.

ALBUQUERQUE – Adrian Tom, 38, an enrolled member of the Navajo Nation who resides in Church Rock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison followed by five years of supervised release for his conviction on an abusive sexual contact charge. Tom will also be required to register as a sex offender when he completes his prison sentence.

 

On March 29, 2017, Tom pled guilty to a felony information charging him with abusive sexual contact with a child under the age of 12 years on the Navajo Indian Reservation in McKinley County, N.M. In entering his guilty plea, Tom admitted that in March 2010, he engaged in sexual contact with an eight-year-old Indian child while on the Navajo Indian Reservation.

 

This case was investigated by the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorney Sarah Mease 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/.

ALBUQUERUQE – Jona Chavarria, 26, an enrolled member of the Santa Clara Pueblo who resides in Albuquerque, N.M., was sentenced today in federal court to a three-year term of probation for her conviction on a misdemeanor assault on a child charge.

 

Chavarria was charged in a misdemeanor information filed on April 21, 2017, with assaulting a child on the Santa Clara Pueblo in Rio Arriba County, N.M., on April 15, 2016. On April 21, 2017, Chavarria pled guilty to the information, and admitted biting an 11-month old child on the face causing a visible bite mark and bruising.

 

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.

ALBUQUERQUE – Darold Ray ZunieFeathers, 21, a member and resident of Zuni Pueblo, N.M., was sentenced today in federal court in Santa Fe, N.M., to 30 months in prison followed by three years of supervised release for his involuntary manslaughter conviction.

 

ZunieFeathers was arrested in April 2016, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, ZunieFeathers killed a Zuni Pueblo man by running over him with a vehicle on July 29, 2015, on the Zuni Indian Reservation in McKinley County, N.M. At the time ZunieFeathers ran over the victim, ZunieFeathers was driving under the influence of alcohol. ZunieFeathers was subsequently indicted on the same charge on May 10, 2016.

 

On Jan. 11, 2017, ZunieFeathers pled guilty to the indictment and admitted killing the victim by driving recklessly while under the influence of alcohol. ZunieFeathers acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.

 

This case was investigated by the Gallup office of the FBI and the Zuni Police Department and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.

ALBUQUERQUE – Lane Michael Reed, 23, of Killeen, Texas, made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with the armed robbery of a business involved in interstate commerce, carjacking and firearms offenses. During today’s proceedings, a U.S. Magistrate Judge determined that there was probable cause to support the charges against Reed, and ordered Reed detained pending trial based on findings that he poses a risk of flight and a danger to the community.

 

Acting U.S. Attorney James D. Tierney, 4th Judicial District Attorney Richard Flores, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, New Mexico State Police Chief Peter N. Kassetas and Santa Fe County Sheriff Robert A. Garcia announced the federal charges against Reed, noting that the federal prosecution is being pursued 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 criminal complaint charges Reed 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. Reed allegedly committed this rash of crimes on July 25, 2017, in San Miguel County, N.M. At the time, Reed was prohibited from possessing firearms or ammunition because he previously had been convicted on two felony offenses in the state of Texas.

 

According to the criminal complaint, on the morning of July 25, 2017, Reed allegedly robbed the Pecos River Station 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, and was charged with state offenses by the 4th Judicial District Attorney’s Office. Reed remained in state custody until he was transferred to federal custody yesterday to face the charges in the federal criminal complaint.

 

If convicted of the charges in the criminal complaint, Reed faces the following statutory maximum penalties: 20 years of imprisonment on the Hobbs Act robbery charge; 15 years of imprisonment on the carjacking charge; and ten years of imprisonment for being a felon in possession of a firearm. In addition, Reed faces statutory mandatory penalties of seven years of imprisonment for brandishing a firearm during a crime of violence and 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 charges. 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 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.

ALBUQUERQUE – Earl Adams, 53, an enrolled member of the Ohkay Owingeh Pueblo who resides in Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 11 years for his conviction on a federal kidnapping charge. Adams will receive credit for a year of tribal confinement on related tribal charges, requiring him to serve an additional ten years in federal custody. Adams will be on supervised release for two years after completing his prison sentence.

 

Adams was arrested on March 2, 2017, on an indictment charging him with assault resulting in serious bodily injury and kidnapping. According to the indictment, Adams committed the offenses on March 1 and 2, 2016, on the Ohkay Owingeh Pueblo in Rio Arriba County, N.M.

 

On May 9, 2017, Adams pled guilty to the kidnapping charge. In entering the guilty plea, Adams admitted seizing and confining the victim in a residence on March 1, 2016, because the victim refused to take him to the store to purchase alcohol. Adams assaulted the victim by punching and kicking her, dragging her around the residence by her hair, and binding her hands and feet with zip-ties. As the result of the assault, the victim suffered a black eye, a nasal fracture and a forearm fracture, both of which required surgery. The victim also sustained injuries to the hand and wrist, which required physical therapy, and loose front teeth. Adams admitted that he did not release the victim until March 2, 2016, when police arrived at the residence.

 

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Ohkay Owingeh Tribal Police Department. Special Assistant U.S. Attorney Lucy Solimon prosecuted the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Thomas J. Yazzie, Jr., 52, an enrolled member of the Navajo Nation from Bloomfield, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison followed by two years of supervised release for his conviction on an involuntary manslaughter charge.

 

Yazzie was arrested on Feb. 7, 2017, on an indictment charging him with involuntary manslaughter. According to the indictment, Yazzie killed a man while driving under the influence of alcohol on the Navajo Indian Reservation in San Juan County, N.M., on May 10, 2016.

 

On March 30, 2017, Yazzie pled guilty to the indictment and admitted killing the victim, a passenger in his vehicle, by driving recklessly while under the influence of alcohol. Yazzie acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.

 

This case was investigated by the Gallup office of the FBI, the Crownpoint office of the Navajo Nation Division of Public Safety and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney Michael D. Murphy.

ALBUQUERQUE – Christopher Gallegos, 33, of Albuquerque, N.M., was sentenced this morning in federal court to 57 months in prison followed by five years of supervised release for his conviction on an armed bank robbery charge.

 

Christopher Gallegos was arrested in March 2016, on a criminal complaint charging him and four co-defendants, Greg Miera, 51, Martin Huertta, 43, Christian Herrera, 21, 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.

 

Christopher Gallegos, Huertta, Miera, Herrera and Isaiah Gallegos were indicted on April 27, 2016, and were charged with bank robbery.

 

On Feb. 13, 2017, Christopher Gallegos entered a guilty plea to the indictment. In entering the guilty plea, Christopher Gallegos admitted aiding and abetting the armed robbery of the U.S. Bank branch on March 30, 2016, by conducting surveillance of various potential banks in the two days leading up to the robbery.

 

Christopher Gallegos’ four co-defendants have entered guilty pleas and three 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. Herrera entered a guilty plea on Feb. 24, 2017. At sentencing, Herrera faces a statutory maximum penalty of 25 years in federal prison; he remains in custody pending a sentencing hearing.

 

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.

ALBUQUERQUE – Dellrick Davonte Smith, 24, of Monticello, Ark., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.

 

Smith was arrested in March 2017, and was charged with a methamphetamine trafficking offense after the DEA seized 1.4 kilograms (3.136 pounds) of methamphetamine from him during an interdiction investigation at the Greyhound Bus Station. The methamphetamine was concealed in various bundles taped to Smith’s body.

 

Smith subsequently was indicted on April 11, 2017, and was charged with possession of methamphetamine with intent to distribute on March 24, 2017, in Bernalillo County, N.M.

 

On May 24, 2017, Smith pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Smith admitted transporting 1.4 kilograms of methamphetamine to Albuquerque on a Greyhound bus by concealing the methamphetamine in bundles strapped to his body.

 

This case was investigated by the Albuquerque office of the DEA and Assistant U.S. Attorney George C. Kraehe prosecuted the case.

ALBUQUERQUE – Jason M. Lutz, 39, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully possessing firearms and ammunition. Under the terms of his plea agreement, Lutz will be sentenced to 100 months in prison followed by three years of supervised release.

 

Lutz, whose prior criminal history includes convictions for conspiracy to commit kidnapping, distribution of methamphetamine and aggravated assault with a deadly weapon, 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.

 

Lutz was arrested in Oct. 2015, on an indictment charging him with being a felon in possession of firearms and ammunition on July 31, 2014, in Bernalillo County, N.M. At the time, Lutz was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

 

During today’s proceedings, Lutz pled guilty to the indictment and admitted that possessing two firearms and multiple rounds of ammunition on July 31, 2014, despite his status as a convicted felon. Lutz remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Albuquerque office of the FBI and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney George C. Kraehe.

ALBUQUERQUE – Steven Archuleta, 26, and his sister, Cheryl Shemayme-Archuleta, 33, both members and residents of Picuris Pueblo, N.M., were sentenced late yesterday afternoon in federal court in Albuquerque, N.M., for their convictions on assault and firearms charges. Archuleta was sentenced to 111 months in prison followed by three years of supervised release, and Shemayme-Archuleta was sentenced to 60 months in prison followed by three years of supervised release.

 

Archuleta was arrested on July 21, 2016, on a criminal complaint charging him with assaulting a non-Indian man and a non-Indian woman with a dangerous weapon and using a firearm during a crime of violence on July 17, 2016, in Indian Country in Taos County, N.M. According to the complaint, on July 17, 2016, Archuleta shot at the victims from his vehicle, striking the male victim in the leg, groin and back.

 

Archuleta was subsequently charged on Aug. 10, 2016, in a four-count indictment with assaulting each of the two victims with a dangerous weapon, assaulting the male victim and causing him serious bodily injury, and discharging a firearm in relation to a crime of violence. The indictment charged Shemayme-Archuleta with aiding and abetting Archuleta in committing the four crimes. According to the indictment, the defendants committed the crimes on July 17, 2016, in Taos Pueblo.

 

On Jan. 6, 2017, Archuleta pled guilty to a felony information charging him with assault resulting in serious bodily injury and brandishing a firearm during a crime of violence. In entering the guilty plea, Archuleta admitted that on July 17, 2016, he fired four rounds at the victims’ vehicle, and acknowledged that the male victim was struck by shrapnel in addition to sustaining a gunshot to the leg. Archuleta also acknowledged that Shemayme-Archuleta drove the vehicle he was in during the shooting.

 

Shemayme-Archuleta also entered a guilty plea on Jan. 6, 2017, to a felony information charging her with aiding and abetting the possession of a firearm during a crime of violence. In entering the guilty plea, Shemayme-Archuleta admitted that on July 17, 2016, she aided and abetted Archuleta when he shot at the victims’ vehicle by picking up the firearm while knowing that the firearm would be used to assault the victims, and driving Archuleta when he committed the assault.

 

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle.

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, 74 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 35 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, an Albuquerque resident who charged as the result of the investigation was sentenced in federal court. Jesus Ramirez, 21, was sentenced yesterday to five years in prison followed by five years of supervised release for violating the federal firearms laws.

 

In addition, two more Albuquerque residents entered guilty pleas in federal court this week. Felix Ulibarri, 39, pled guilty on Aug. 22, 2017, to a methamphetamine trafficking charge under a plea agreement that recommends a sentence within the range of 84 to 105 months in federal prison. Joshua Bright, 32, pled guilty today to methamphetamine trafficking offenses under a plea agreement that recommends a sentence within the range of 12 to 15 years in federal prison.

 

Ramirez and his co-defendants, Jonathan Griego, 28, and Richard Porras, 31, were arrested in Aug. 2016, on separate criminal complaints charging them with drug trafficking and firearms offenses. The three subsequently were jointly charged in a nine-count indictment filed on Aug. 9, 2016, with conspiracy and possessing methamphetamine with intent to distribute. The indictment also charged Porras with distributing methamphetamine on three occasions, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm, and Ramirez with possessing methamphetamine and heroin with intent to distribute, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm. On Jan, 25, 2017, Ramirez pled guilty to carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Ramirez admitted that on Aug. 4, 2016, he carried and used a loaded firearm while distributing methamphetamine and heroin.

 

Ulibarri was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016. The indictment subsequently was superseded on Aug. 9, 2016, to add Leo Lopez, 28, Joseph Sena, 40, and Jennifer Padilla, 39. The superseding indictment charged Ulibarri and Padilla with participating in a conspiracy to distribute methamphetamine in July 2016; Lopez, Sena and Padilla with participating in a different conspiracy to distribute methamphetamine in July 2016; Ulibarri with distributing methamphetamine on July 11, 2016; and Sena with distributing methamphetamine on July 26, 2016. According to the indictment, the defendants committed the crimes in Bernalillo County. On Aug. 22, 2017, Ulibarri pled guilty to one count of distributing methamphetamine and admitted that on July 11, 2016, he distributed more than 50 grams of methamphetamine to an undercover law enforcement agent. A sentencing hearing has yet to be scheduled.

 

Bright and co-defendant Jesse James Davis, 40, were indicted on June 30, 2016, and were charged with conspiracy and distributing methamphetamine on June 6, 2016. Bright also was charged with distributing methamphetamine on June 14, 2016. During today’s proceedings, Bright pled guilty to conspiracy and distribution of methamphetamine. In entering the guilty plea, Bright admitted that on June 6, 2016, he sold four bags of methamphetamine weighing approximately 115 grams to an undercover law enforcement agent. A sentencing hearing has yet to be scheduled.

 

Twenty-six 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. Ramirez was prosecuted by Assistant U.S. Attorney Paul H. Spiers. Ulibarri is being prosecuted by Assistant U.S. Attorney Edward Han, and Bright is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.

ALBUQUERQUE – Pascual Cerpa-Coy, 55, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for his conviction on a cocaine trafficking charge. Cerpa-Coy will be on supervised release for five years after completing his prison sentence.

 

Cerpa-Coy was arrested in Jan. 2017, on a criminal complaint charging him with possession of cocaine with intent to distribute on Jan. 19, 2017, in Bernalillo County, N.M. Cerpa-Coy subsequently was indicted on the same charge on Feb. 7, 2017.

 

According to court documents, Cerpa-Coy was arrested after the Crimes Against Children Unit of the Albuquerque Police Department (APD) found approximately one kilogram of cocaine and drug paraphernalia at his residence while executing a state search warrant as part of an investigation into another matter.

 

On May 25, 2017, Cerpa-Coy entered a guilty plea to the indictment and admitted possessing more than 500 grams of cocaine on Jan. 19, 2017, that he intended to distribute to others.

 

This case was investigated by the Albuquerque office of the DEA and APD. Assistant U.S. Attorney Kimberly A. Brawley prosecuted the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Mario Moreno, Jr., 35, of El Paso, Tex., was sentenced today in federal court in Las Cruces, N.M., to 36 months in prison for his conviction on a cocaine trafficking charge. Moreno will be on supervised release for three years after completing his prison sentence.

 

Moreno and his six co-defendants, Jesus Armendariz, 33, of Anthony, N.M., Erubiel Esquivel, 30, of Kansas City, Kan., Abdon Armendariz, 45, of Canutillo, Texas, Rafael Portillo, 27, a Mexican national, and Luis Daniel Villegas, 32, of Las Cruces, N.M., were charged with cocaine trafficking offenses in a three-count indictment filed on July 20, 2016. The indictment charged all six co-defendants with conspiring to distribute cocaine between Oct. 27, 2015 and Nov. 26, 2015. It also charged Jesus Armendariz and Villegas in individual counts with possessing cocaine with intent to distribute. According to the indictment, the defendants committed the crimes in Dona Ana County, N.M.

 

On Feb. 8, 2017, Moreno pled guilty to Count 1 of the indictment charging him with participating in a cocaine trafficking conspiracy. In entering the guilty plea, Moreno admitted that from Oct. 27, 2015 to Nov. 26, 2015, he conspired with his co-defendants to distribute cocaine in Dona Ana County. Moreno further admitted that on Nov. 10, 2015 he negotiated the sale of one kilogram of cocaine and on Nov. 11, 2015, he sold one kilogram of cocaine for $22,000.

 

Two of Moreno’s co-defendants have entered guilty pleas: Armendariz-Ruiz pled guilty on June 7, 2017, and Villegas pled guilty on Feb. 17, 2017. Armendariz and Esquivel have entered pleas of not guilty to the indictment and are awaiting trial. Portillo has yet to be arrested and is considered a fugitive. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorneys Dustin Segovia and Terri Abernathy of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Felipe T. Castillo, 38, of Hobbs, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to assaulting a federal law enforcement officer under a plea agreement with the U.S. Attorney’s Office.

 

Castillo was arrested on June 13, 2017, on a criminal complaint charging him with being a felon in possession of a firearm. According to the complaint, Castillo pointed a firearm at a DEA Task Force Officer on May 31, 2017, in Lea County, N.M. The complaint further indicates that Castillo was on parole for a prior firearms offense when he assaulted the Task Force Officer by pointing a firearm at him. Court documents indicate that Castillo was previously convicted in Texas of engaging in organized criminal activity in 2000, and discharging a firearm in 2002.

 

During yesterday’s change of plea hearing, Castillo pled guilty to a felony information charging him with assault on a federal officer. In entering the guilty plea, Castillo admitted that on May 31, 2017, he pointed a firearm at a DEA Task Force Agent who was engaged in his official duties.

 

At sentencing, Castillo faces a maximum penalty of eight years in federal prison. Castillo remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and FBI and the Hobbs Police Department. Assistant U.S. Attorneys Terri J. Abernathy and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

ALBUQUERQUE – Eugene Daniel Gonzalez, 38, of Phoenix, Ariz., was sentenced yesterday in federal court in Las Cruces, N.M., to 84 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.

 

Gonzalez was arrested on Dec. 2, 2016, on a criminal complaint charging him with committing a methamphetamine trafficking offense in March 2016, in Hidalgo County, N.M. According to the complaint, law enforcement officers found two bags containing an aggregate of 938.7 grams of crystal methamphetamine in a vehicle in which Gonzalez was a passenger.

 

On April 11, 2017, Gonzalez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Gonzalez admitted that on March 25, 2016, he was a passenger in a vehicle that was stopped for speeding in Hidalgo County. Gonzalez further admitted that officers who searched the vehicle found approximately 938 grams of methamphetamine in a suitcase in the vehicle.

 

This case was investigated by the Las Cruces office of the DEA, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and the New Mexico State Police. Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

 

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – John Michael Carrillo, 27, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 21 months in prison for his conviction on an assault charge. Carrillo will be on supervised release for three years after completing his prison sentence.

 

Carrillo was arrested on Dec. 17, 2016, on a criminal complaint alleging that he assaulted a Mescalero Apache woman on Dec. 2, 2016, on the Mescalero Apache Indian Reservation in Otero County, N.M., and that the victim suffered serious bodily injury as the result of the assault. According to the complaint, Carrillo assaulted the victim by throwing the victim to the floor and stomping on her face causing her to suffer a broken jaw, which required surgery.

 

On May 11, 2017, Carrillo pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Carrillo admitted that on Dec. 2, 2016, he assaulted the victim by stomping on her face. Carrillo acknowledged that the victim suffered a fractured jaw as the result of the assault, which required surgical repair.

 

This case was investigated the Mescalero Agency of the BIA’s Office of Justice Services. The case was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Blanca Elisa Tovar, 43, of Phoenix, Ariz., was sentenced today in federal court in Las Cruces, N.M., to 24 months in prison for her conviction on heroin trafficking charges resulting from a DEA-led investigation targeting a heroin trafficking ring operating out of Sunland Park, N.M. Tovar will be on supervised release for three years after completing her prison sentence.

 

The DEA’s investigation targeted a heroin trafficking organization led by Raymundo Munoz, 69, of Sunland Park, N.M., that obtained its heroin from Juan Francisco Rivera, 60, of El Paso, Texas. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

 

Ten members of the heroin trafficking ring were charged in July 2016, in a 30-count indictment with participation in a heroin trafficking conspiracy and a series of substantive heroin trafficking offenses. The indictment charged all ten defendants with conspiring to distribute heroin in Doña Ana County and elsewhere between May 8, 2016 and July 12, 2016. It also included 23 counts charging certain defendants with distributing heroin or possessing heroin with intent to distribute and six counts charging certain defendants with using communications devices (telephones) to facilitate heroin trafficking crimes.

 

According to the indictment, Rivera routinely supplied Muñoz with heroin, in quantities ranging from two to nine ounces, which was smuggled by couriers into the United States across the international border in El Paso. Muñoz took the heroin to his Sunland Park residence where he distributed the drugs to others. Members of the conspiracy used telephones to negotiate their heroin deals, arrange for heroin deliveries, and pay for the heroin.

 

On Dec. 13, 2016, Tovar pled guilty to conspiracy and three counts of possession of heroin with intent to distribute. In entering the guilty plea, Tovar admitted participating in the heroin trafficking conspiracy by crossing heroin from Mexico into the United States, and would then give the heroin to Rivera to give to Munoz to resell to others. Tovar further admitted smuggling the following amounts of heroin: two ounces on May 13, 2016; five ounces on June 24, 2016; five ounces on June 26, 2016; five ounces on June 28, 2016; seven ounces on July 1, 2016; six ounces on July 6, 2016; and seven ounces on June 11, 2016.

 

The following defendants previously entered guilty pleas in the case:

• Raymundo Munoz pled guilty on March 1, 2017, and was sentenced on Aug. 15, 2017, to 72 months in prison followed by four years of supervised release;

• Carlos Diaz, 37, of El Paso, Texas, pled guilty on Jan. 24, 2017, and was sentenced on June 29, 2017, to 18 months in prison followed by three years of supervised release;

• Sandra Francis Guzman, 53, of El Paso, Texas, pled guilty on March 21, 2017, and was sentenced on July 25, 2017, to 18 months in prison followed by three years of supervised release;

• Alberto Lozano-Morales, 43, of Sunland Park, pled guilty on Dec. 6, 2016, and was sentenced on May 24, 2017 to time served followed by one year of supervised release;

• Juan Francisco Rivera pled guilty on Feb. 7, 2017, and faces a sentence of 108 months in prison under the terms of his plea agreement;

• Armando Daniel Marquez, 54 of Sunland Park, N.M., pled guilty on Feb. 23, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement; and

• Eleodoro Sanchez, 62, of Canutillo, Texas, pled guilty on March 7, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement.

 

One of the two remaining co-defendants has entered a plea of not guilty to the charges in the indictment; the second has yet to be arrested and is considered a fugitive. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

 

The Las Cruces office of the DEA and Sunland Police Department investigated these cases with assistance from the El Paso office of the FBI, the U.S. Border Patrol, and the Gang Unit of the El Paso Police Department. Assistant U.S. Attorneys Dustin C. Segovia and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting these cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.

 

The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.

 

The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Jose Angel Sanchez, 35, of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison followed by six years of supervised release for his conviction on a methamphetamine trafficking charge.

 

Sanchez was arrested on Dec. 2, 2016, on a criminal complaint charging him with possessing approximately 229.5 grams of methamphetamine with intent to distribute in Dona Ana County, N.M. According to the complaint, Sanchez committed the crime while on supervised release from a prior federal drug trafficking conviction.

 

On March 30, 2017, Sanchez pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute. In entering the guilty plea, Sanchez admitted that on Dec. 2, 2016, he possessed more than 50 grams of methamphetamine, which he intended to sell to others. Sanchez also admitted that he was on supervised release from a prior conviction when he committed the offense on Dec. 2, 2016, and that he was prohibited from committing crimes as a condition of his supervised release.

 

This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Jacob Lynn Martinez, 34, of Carlsbad, N.M., was sentenced yesterday in Las Cruces, N.M., federal court to 30 months in prison for violating the federal firearms laws by unlawfully possessing firearms on two occasions. Martinez will be on supervised release for three years after completing his prison sentence.

 

Martinez was arrested on Jan. 25, 2017, on a criminal complaint charging him with being a felon in possession of a firearm on June 9, 2015 and Dec. 11, 2015, in Eddy County, N.M. According to the complaint, on both dates, Martinez discarded firearms while attempting to flee from police officers.

 

On March 29, 2017, Martinez pled guilty to a felony information charging him with being a felon in possession of a firearm on June 9, 2015 and Dec. 11, 2015. On those dates, Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of three felony offenses, aggravated fleeing from a police officer, receiving or transferring a motor vehicle, and being a felon in possession of a firearm or destructive device. Martinez entered the guilty plea without the benefit of a plea agreement.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Carlsbad Police Department and was prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Juan Velasquez, 27, of Las Cruces, N.M., was sentenced today in federal court in Las Cruces, N.M., to 37 months in prison for participating in a conspiracy to distribute cocaine in Doña Ana County, N.M. Velasquez will be on supervised release for three years after completing his prison sentence.

 

Velasquez was arrested in Sept. 2016, on an indictment alleging cocaine trafficking charges. The 18-count indictment was the result of a six-month investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, targeting a drug trafficking organization allegedly led by Joel Ibarra-Torres, 47, a Mexican national, that distributed cocaine in Doña Ana County.

 

The indictment charged Ibarra-Torres and seven co-conspirators, including several members of Ibarra-Torres’ family, with participating in a cocaine trafficking conspiracy that existed from at least March 2016 until Sept. 2016. The indictment also charged that Ibarra-Torres and two of his co-defendants participated in an international money laundering conspiracy. It also charged certain of the defendants with substantive cocaine trafficking offenses and with using telephones to facilitate their drug trafficking activities. The indictment included forfeiture provisions that seek the forfeiture of at least $31,620, constituting proceeds of the defendants’ criminal activities, to the United States.

 

On Dec. 22, 2016, Velasquez pled guilty to conspiracy and three counts of distribution of cocaine. In entering the guilty plea, Velasquez admitted that from March 31, 2016 through Sept. 20, 2016, he conspired with his co-defendants to distribute cocaine. In his plea agreement, Velasquez admitted that on July 14, 2016, he directed a courier to pick up five ¼ kilogram packages of cocaine from a co-conspirator in El Paso, Tex., and delivered the cocaine to him in Las Cruces. On July 25, 2016, Velasquez gave the co-conspirator money owed to the source of supply in Mexico for cocaine. On Aug. 25, 2016, Velasquez directed a courier to pick up six ¼ kilogram packages of cocaine in El Paso, Tex., and delivered the cocaine to him in Las Cruces. Velasquez further admitted that he distributed approximately 250 grams of cocaine to an individual working with law enforcement on June 8, 2016, July 14, 2016, and Aug. 25, 2016. The plea agreement stipulates that Velasquez was responsible for distributing approximately 2 to 3.5 kilograms of cocaine.

 

Seven of Velasquez’s co-defendants have entered guilty pleas and four have been sentenced. Noemi Ibarra, 24, of Las Cruces, pled guilty on April 24, 2017, and Alejandro Chavez, 28, also of Las Cruces pled guilty on July 24, 2017; both are pending sentencing hearings. Joel Ibarra, Jr., 22, of Sunland Park, N.M., pled guilty on Dec. 20, 2016, and was sentenced on April 26, 2017. Denise Duarte, 25, also of Sunland Park, pled guilty on Dec. 23, 2016, and was sentenced on May 1, 2017. Gabriela Castro, 25, a Mexican national pled guilty on Dec. 19, 2016, and was sentenced on April 24, 2017. Rene Cruz-Vargas, 41, a Mexican national, pled guilty on June 22, 2017, and was sentenced on Aug. 15, 2017.

 

Ibarra-Torres has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

The investigation leading to the indictment was conducted by the Las Cruces office of the DEA, the U.S. Border Patrol and the FBI. The case is being prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch office.

ALBUQUERQUE – Michael Gerard Smith, 56, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.

 

Smith 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. Court records reflect that Smith’s criminal history includes more than ten prior felony convictions including four for drug trafficking offenses.

 

Smith was arrested on Feb. 3, 2017, and was charged by criminal complaint with methamphetamine and heroin trafficking offenses, and with being a felon in possession of a firearm. According to the criminal complaint, APD officers seized approximately 94.5 grams of methamphetamine, 34.9 grams of heroin, a handgun, and cash in denominations consistent with street level drug trafficking while executing a search warrant at ’s residence.

 

Smith subsequently was indicted on Feb. 28, 2017, and was charged with possessing methamphetamine and heroin with intent to distribute, possessing a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm. According to the indictment, Smith committed the crimes on Feb. 2, 2017, in Bernalillo County, N.M. At the time, Smith was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

 

During today’s proceedings, Smith pled guilty to Count 1 of the indictment charging him with possession of a mixture and substance containing methamphetamine with intent to distribute. In entering the guilty plea, Smith admitted that on Feb. 2, 2017, he possessed more than 50 grams of methamphetamine with the intention of distributing the drugs to others.

 

At sentencing, Smith faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. Smith remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

The case against Smith was investigated by the Albuquerque office of the DEA and the APD, and is being prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE – Larry June, 58, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. Under the terms of his plea agreement, June will be sentenced to 97 months in prison followed by a term of supervised release to be determined by the court.

 

The FBI and Navajo Nation Division of Public Safety arrested June in Nov. 2016, on a criminal complaint charging him with killing a Navajo woman by stabbing her with a knife on Nov. 25, 2016, on the Navajo Indian Reservation in San Juan County, N.M. June was subsequently indicted on Dec. 20, 2016, and was charged with second-degree murder.

 

During today’s proceedings, June pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, June admitted that on Nov. 25, 2016, he stabbed the victim multiple times with a knife during a heated argument, and that the victim died as the result of the injuries she sustained. June remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorneys Niki Tapia-Brito and Michael D. Murphy are prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Enrique Miramontes, 43, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on a methamphetamine trafficking charge. Miramontes will be on supervised release for three years after completing his prison sentence.

 

Miramontes was arrested on June 8, 2016, and was charged by criminal complaint with possession of methamphetamine with intent to distribute and possession of firearms in furtherance of a drug trafficking crime. According to the complaint, on June 7, 2016, in Lea County, N.M., law enforcement officers executed a search warrant at Miramontes’ residence in Hobbs, and seized approximately 462 grams of methamphetamine, two firearms and ammunition.

 

On Oct. 5, 2016, Miramontes pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Miramontes admitted that on June 7, 2016, law enforcement officers, who were executing a search warrant at his residence, found methamphetamine and two firearms in a shed at his residence.

 

This case was investigated by the Las Cruces office of Homeland Security Investigations and the Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

 

The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

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 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 71 of the 104 defendants charged as the result of this investigation have entered guilty pleas and 34 of them have been sentenced.

 

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

 

Today, Albuquerque resident, Alex Villarreal, 35, who was charged as the result of the investigation pled guilty in federal court to violating the federal firearms and drug trafficking laws.

 

Villarreal was arrested in July 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 23, 2016, and distributing methamphetamine on May 25, 2016. At the time, Villarreal was prohibited from possessing firearms or ammunition because he was previously convicted on larceny, conspiracy to commit larceny, possession of marijuana with intent to distribute, and aggravated assault. During today’s change of plea hearing, Villarreal pled guilty to the indictment and admitted selling four firearms to an undercover law enforcement agent on May 23, 2016, and 115 grams of methamphetamine to the agent on May 25, 2016. Villarreal acknowledged knowing that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Villarreal remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

Thirty-three of the defendants who were charged as a 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.

 

These cases were investigated by the Albuquerque office of ATF. The case against Villarreal is being prosecuted by Assistant U.S. Attorney Presiliano Torrez.

ALBUQUERQUE – Katie Carrillo, 26, of Albuquerque, N.M., pled guilty today in federal court to conspiracy, fraud, identify theft and theft of mail charges.

 

Carrillo and co-defendant, Ralph Eastman, 48, also of Albuquerque, were charged in a 16-count indictment on Aug. 23, 2016, with conspiracy, ten counts of bank fraud, three counts of aggravated identity theft, and two counts of theft of mail. According to the indictment, the defendants committed the offenses from Dec. 2015 through April 2016, in Bernalillo County, N.M., by stealing mail and packages from cluster mailboxes located in apartment complexes. The mail stolen included checkbooks, checks, ATM cards, PIN numbers and personal identifiers of victims, which the defendants allegedly used to commit further crimes.

 

During today’s proceedings, Carrillo pled guilty to conspiracy, two counts of bank fraud, two counts of aggravated identity theft and two counts of theft or receipt of stolen mail. Carrillo entered the guilty plea without the benefit of a plea agreement. At sentencing, Carrillo faces a maximum penalty of five years of imprisonment on the conspiracy and theft of mail charges, and a maximum penalty of 30 years on the bank fraud charges. She also faces a mandatory term of two years of imprisonment on the aggravated identity theft charge, which must be served consecutive to any other sentence imposed.

 

On Aug. 2, 2017, Eastman pled guilty to the charges against him in the indictment, namely, conspiracy, eight counts of bank fraud, and two counts of theft of mail. Eastman also pled guilty to a felony information charging him with aggravated identify theft. In entering the guilty plea, Eastman admitted that from Dec. 2015 through April 2016, he conspired with others to steal mail and packages for the purpose of obtaining financial information and forms of identification. Eastman also admitted that he and others altered checks and used them at local businesses in exchange for goods, services and online transactions. In addition, Eastman admitted that he and others used stolen identifications and personal information to facilitate fraudulent transactions. In his plea agreement, Eastman also acknowledged that he and others stole mail and packages from authorized depositories for the U.S. Postal Service through mailboxes located at an Albuquerque apartment complex on March 9, 2016 and March 12, 2016. Under the terms of his plea agreement, Eastman will be sentenced to 36 months and one day in prison followed by a term of supervised release to be determined by the court.

 

Sentencing hearings for Carrillo and Eastman have yet to be scheduled.

 

The U.S. Postal Service, the Albuquerque Police Department and the Sandoval County Sheriff’s Office investigated this case, which is being prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Paul Mysliwiec.

ALBUQUERQUE – Byron Harold Peshlakai, 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Santa Fe, N.M., to 30 months in prison for his involuntary manslaughter conviction. Peshlakai will be on supervised release for three years after completing his prison sentence.

 

Peshlakai was arrested in Oct. 2016, on an indictment charging him with involuntary manslaughter. According to the indictment, Peshlakai killed the victim with his vehicle while driving under the influence of alcohol on the Navajo Indian Reservation on Oct. 25, 2015.

 

On March 2, 2017, Peshlakai 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 Navajo Nation Department of Public Safety. Assistant U.S. Attorney Michael D. Murphy prosecuted the case.

ALBUQUERQUE – Virgal Malott, 23, of Albuquerque, N.M., pled guilty today in federal court to armed robbery of a commercial business, carjacking and firearms charges under a plea agreement that recommends a prison sentence within the range of 15 to 20 years.

 

In announcing the guilty plea, Acting U.S. Attorney James D. Tierney said that Malott, whose criminal history includes at least three prior felony convictions, 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.

 

On Feb. 14, 2015, officers of the Albuquerque Police Department (APD) arrested Malott on outstanding state felony warrants. Following Malott’s arrest, APD executed a state search warrant at Malott’s residence as part of its ongoing investigation into a series of armed robberies of Albuquerque-area businesses. During the search, APD found a loaded firearm, which provided the basis for a federal criminal complaint charging Malott with being a felon in possession of a firearm and ammunition that was filed on Feb. 18, 2015, by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In June 2015, Malott was charged in an 11-count indictment with violating the Hobbs Act by robbing seven businesses engaged in interstate commerce, carjacking, using and brandishing a firearm during crimes of violence, and being a felon in possession of a firearm. The indictment alleged that Malott committed the crimes in Bernalillo County, N.M., from Dec. 2014 to Jan. 2015.

 

The indictment was superseded in Aug. 2015, to add two more defendants, Gabriel Sanchez, 28, and Paul Lujan, 22, both of Albuquerque, and two more charges. The superseding indictment charged the three men with conspiring to violate the Hobbs Act by robbing businesses engaged in interstate commerce in Jan. 2015, the armed robbery of five Albuquerque-area businesses, and using and brandishing firearms during crimes of violence. It also charged Malott alone with the armed robbery of two additional Albuquerque-area businesses, carjacking, and with being a felon in possession of a firearm. The superseding indictment alleged that the three men committed the crimes charged in Bernalillo County between Dec. 2014 and Jan. 2015.

 

During today’s proceedings, Malott entered a guilty plea to three counts of the superseding indictment charging him with the armed robbery of a business engaged in interstate commerce, carjacking, and using and brandishing a firearm during a crime of violence. In entering the guilty plea, Malott admitted robbing a title loan business located in Albuquerque on Dec. 22, 2014. Malott acknowledged being armed with a firearm when he committed the robbery. He also acknowledged pointing the firearm at the business’s three employees and threatening to kill them. Malott also admitted committing a carjacking on Jan. 19, 2015, by pointing a firearm at an individual who was at an Albuquerque convenience store and demanding the individual’s wallet and keys. Malott fled from the scene in the individual’s vehicle.

 

On Aug. 15, 2017, Lujan pled guilty to a felony information charging him with using and carrying a firearm during a crime of violence. In entering the guilty plea, Lujan admitted that on June 30, 2015, he acted as the getaway driver during the armed robbery of the Loan Max Title Loan in Albuquerque. Lujan further admitted that he discarded a firearm while running from the police following the armed robbery. Under the terms of his plea agreement, Lujan will be sentenced to 60 months in federal prison followed by a term of supervised release to be determined by the court.

 

Malott was arrested in Nov. 2015, and Lujan was arrested in Dec. 2015. Both men remain detained pending sentencing hearings, which have yet to be scheduled.

 

Sanchez was arrested on Dec. 31, 2015, and has entered a not guilty plea to the superseding indictment; he remains in custody pending trial, which has yet to be scheduled. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the Albuquerque office of ATF and by APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Rumaldo A. Armijo and David M. Walsh are prosecuting the case.

ALBUQUERQUE – Marc Wren, 49, of Odessa, Texas, was sentenced today in federal court in Albuquerque, N.M., to 87 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.

 

Wren was charged by a criminal complaint filed on April 20, 2016, with possession of methamphetamine with intent to distribute on March 26, 2016, in Bernalillo County, N.M. Wren subsequently was indicted on that same charge on May 10, 2016.

 

According to court documents, Wren was arrested following a traffic stop after law enforcement officers determined that there was an outstanding arrest warrant for him in Texas. During a search incident to the arrest, the officers learned that Wren was in possession of approximately 107.6 grams of methamphetamine, which Wren had concealed in his pant leg.

 

On May 30, 2017, Wren pled guilty to the indictment and admitted that on March 26, 2016, he was in possession of methamphetamine, which he intended to distribute to others.

 

This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Letitia C. Simms.

ALBUQUERQUE – Jonathan Abeita, 24, an enrolled member of the Isleta Pueblo who resides in Albuquerque, N.M., was sentenced today in federal court in Santa Fe, N.M., to 17 months in prison followed by three years of supervised release for his conviction on assault charges, including an assault on a federal officer charge.

 

Abeita was arrested on March 8, 2017, on an indictment charging him with assault resulting in serious bodily injury and assault on a federal officer. According to the indictment, Abeita committed the crimes on Aug. 13, 2016, on Isleta Pueblo in Valencia County, N.M.

 

On May 19, 2017, Abeita pled guilty to the indictment. In his plea agreement, Abeita admitted that on Aug. 13, 2016, he assaulted one victim, an Indian woman, by threatening her and punching her, causing her bottom teeth to become loose. Abeita also admitted that when tribal police officers responded to a call from the victim, he assaulted a tribal police officer who was commissioned as a Special Federal Officer by the BIA with a hatchet.

 

This case was investigated by the Isleta Pueblo Tribal Police Department and is being prosecuted by Special Assistant U.S. Attorney Lucy B. Solimon as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Yvonne Garcia, 55, of Albuquerque, N.M., was sentenced today in federal court to 46 months in prison followed by three years of supervised release for her conviction on prescription drug trafficking and money laundering charges. Garcia also was ordered to forfeit her interest in the proceeds of her 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.

 

Garcia and her husband and co-defendant Gerald Roberts, 49, were arrested in Sept. 2016, on an eight-count indictment charging them with trafficking controlled substances in Bernalillo County, N.M. Garcia and Roberts 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, Garcia and Roberts 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, Garcia and Roberts sold oxycodone, oxymorphone and alprazolam to an individual who unbeknownst to them was an undercover DEA agent. Garcia and Roberts 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. Garcia and Roberts used the drug proceeds in the bank accounts to make payments on their residential mortgage and vehicle loans.

 

Under the terms of his plea agreement, Roberts will be sentenced to 51 months in prison followed by a term of supervised release to be determined by the court. The plea agreement also requires Roberts to forfeit the proceeds of his criminal conduct to the United States. A sentencing hearing for Roberts has yet to be scheduled.
 

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 are 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.

ALBUQUERQUE – Derek I. Hunt, 28, of Santa Fe, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to a one-year term of probation for his conviction on misdemeanor charges of criminal trespass and criminal damage to property.

 

Hunt was charged in a criminal complaint on Feb. 8, 2017, with misdemeanor criminal trespass and criminal damage to property. The complaint alleged that in Aug. 2016, the Pojoaque Pueblo Governor banished Hunt, a non-Indian, from entering Pojoaque Pueblo lands. According to the complaint, Hunt reentered Pojoaque Pueblo on two occasions between Aug. 2016 and Jan. 2017, in violation of the Pueblo’s banishment resolution, and damaged a vehicle belonging to a Pojoaque Pueblo woman on Jan. 12, 2017.

 

On May 3, 2017, Hunt pled guilty to a misdemeanor information charging him with criminal trespass and criminal damage to property. In entering the guilty plea, Hunt admitted that although the Pueblo of Pojoaque had served him with an Order of Exclusion in Aug. 2016, he reentered the Pueblo on Jan. 5, 2017 and several times prior to Jan. 5, 2017. Hunt further admitted that on Jan. 5, 2017, he used a rock to damage the windshield of a vehicle on the Pojoaque Pueblo.

 

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Elisa Dimas.

 

ALBUQUERQUE – Rene Cruz-Vargas, 41, a Mexican national, was sentenced today in federal court in Las Cruces, N.M., to 27 months in prison for participating in a conspiracy to distribute cocaine in Doña Ana County, N.M. Cruz-Vargas will be deported after completing his prison sentence.

 

Cruz-Vargas was arrested in Sept. 2016, on an indictment alleging cocaine trafficking charges. The 18-count indictment was the result of a six-month investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, targeting a drug trafficking organization allegedly led by Joel Ibarra-Torres, 47, a Mexican national, that distributed cocaine in Doña Ana County.

 

The indictment charged Ibarra-Torres and seven co-conspirators, including several members of Ibarra-Torres’ family, with participating in a cocaine trafficking conspiracy that existed from at least March 2016 until Sept. 2016. The indictment also charged that Ibarra-Torres and two of his co-defendants participated in an international money laundering conspiracy. It also charged certain of the defendants with substantive cocaine trafficking offenses and with using telephones to facilitate their drug trafficking activities. The indictment included forfeiture provisions that seek the forfeiture of at least $31,620, constituting proceeds of the defendants’ criminal activities, to the United States.

 

On June 22, 2017, Cruz-Vargas pled guilty to Count 1 of the indictment charging him with participating in a cocaine trafficking conspiracy. In entering the guilty plea, Cruz-Vargas admitted that on July 14, 2016, he traveled from in El Paso, Texas, to deliver five ¼ kilogram packages of cocaine to co-defendant Juan Velazquez, 26, in Las Cruces. Cruz-Vargas also admitted delivering six ¼ kilogram packages of cocaine to Velazquez on Aug. 25, 2016.

 

Seven of Cruz-Vargas’ codefendants have entered guilty pleas and three have been sentenced. Velasquez pled guilty on Dec. 22, 2016, Noemi Ibarra, 24, of Las Cruces, pled guilty on April 24, 2017, and Alejandro Chavez, 28, also of Las Cruces pled guilty on July 24, 2017, all three are pending sentencing hearings. Joel Ibarra, Jr., 22, of Sunland Park, N.M., pled guilty on Dec. 20, 2016, and was sentenced on April 26, 2017. Denise Duarte, 25, also of Sunland Park, pled guilty on Dec. 23, 2016, and was sentenced on May 1, 2017. Gabriela Castro, 25, a Mexican national pled guilty on Dec. 19, 2016, and was sentenced on April 24, 2017.

 

Ibarra-Torres has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

 

The investigation leading to the indictment was conducted by the Las Cruces office of the DEA, the U.S. Border Patrol and the FBI. The case is being prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch office.

ALBUQUERQUE – Jose Remberto Guzman-Dominguez, 34, a legal permanent resident from El Salvador who resided in Las Vegas, Nev., was sentenced today in federal court in Las Cruces, N.M., for his conviction on cocaine and heroin trafficking charges. Guzman-Dominguez was sentenced to 180 months of imprisonment and will be deported after completing his prison sentence.

 

Guzman-Dominguez and co-defendant Miguel Angel Rodriguez-Flores, 47, of Hawthorne, Calif., were arrested on Nov. 14, 2015, and were charged by criminal complaint after officers of the New Mexico Motor Transportation Police found approximately 117.15 pounds (53.14 kilograms) of narcotics in their commercial tractor-trailer during a routine inspection at the port of entry on Interstate 10 near Lordsburg, N.M. The two men subsequently were indicted on Feb. 17, 2016, on charges that they conspired to distribute cocaine and heroin and possessed cocaine and heroin with intent to distribute. According to the indictment, defendants committed the three offenses in Hidalgo County, N.M., on the evening of Nov. 13, 2014 and the early morning of Nov. 14, 2015.

 

Trial of Guzman-Dominguez and Rodriguez-Flores on the three-count indictment began July 11, 2016, and concluded on July 15, 2016, when the jury returned a verdict of guilty on all three counts. The evidence at trial established that late on Nov. 13, 2015 and into the early hours of Nov. 14, 2015, the defendants were traveling in a commercial tractor-trailer from Phoenix, Ariz., to Lordsburg. When they entered the port of entry on Interstate 10 in Hidalgo County, the New Mexico Motor Transportation Police stopped their commercial tractor-trailer to conduct a safety inspection. After identifying several safety violations, the inspector continued with a cargo inspection and found that the trailer was fully loaded with large containers of industrial cleaning solution. While inspecting the cargo, the inspector found four cardboard boxes that were different from the industrial cleaning solution containers. One of the boxes was open and contained several cellophane wrapped bundles. The officers opened one of the cellophane bundles and found that it contained white powder that tested positive for cocaine. The four boxes contained 51 bundles with a gross weight of 53.14 kilograms. Laboratory tests later performed on the contents of the 51 bundles determined that 46 of the packages contained an aggregate of 105.6 pounds (47.9 kilograms) of cocaine and five packages contained an aggregate of 11.55 pounds (5.24 kilograms) of heroin.

 

Rodriguez-Flores was sentenced on March 15, 2017, to 120 months in prison followed by five years of supervised release.

 

The Border Enforcement Security Taskforce of the Las Cruces office of Homeland Security Investigations, New Mexico State Police, and New Mexico Motor Transportation Police investigated this case.

 

Assistant U.S. Attorneys Brock Taylor and Richard Williams of the U.S. Attorney’s Las Cruces Branch Office are 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.

ALBUQUERQUE – Raymundo Munoz, 69, of Sunland Park, N.M., was sentenced today in federal court in Las Cruces, N.M., to 72 months in prison for his conviction on heroin trafficking charges. Munoz will be on supervised release for four years after completing his prison sentence.

 

Munoz was the ringleader of a heroin trafficking organization operating out of Sunland Park, N.M., that obtained its heroin from Juan Francisco Rivera, 60, of El Paso, Tex., that was the target of a DEA-led investigation. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

 

Ten members of the heroin trafficking ring were charged in July 2016, in a 30-count indictment with participation in a heroin trafficking conspiracy and a series of substantive heroin trafficking offenses. The indictment charged all ten defendants with conspiring to distribute heroin in Doña Ana County and elsewhere between May 8, 2016 and July 12, 2016. It also included 23 counts charging certain defendants with distributing heroin or possessing heroin with intent to distribute and six counts charging certain defendants with using communications devices (telephones) to facilitate heroin trafficking crimes.

 

According to the indictment, Rivera routinely supplied Muñoz with heroin, in quantities ranging from two to nine ounces, which was smuggled by couriers into the United States across the international border in El Paso. Muñoz took the heroin to his Sunland Park residence where he distributed the drugs to others. Members of the conspiracy used telephones to negotiate their heroin deals, arrange for heroin deliveries, and pay for the heroin.

 

On March 1, 2017, Munoz pled guilty to conspiracy and distribution of heroin. In entering the guilty plea, Munoz admitted to conspiring with Rivera and others to distribute approximately 119 ounces of heroin between April and July 2016, using female body carriers who would cross heroin from Mexico into the United States to give to Rivera who would then give the heroin to Munoz. Munoz also admitted that on dates from April 10, 2016, through July 11, 2016, he facilitated the sale and delivery of more than 64 grams of heroin to other individuals. Munoz’s plea agreement indicated that on July 11, 2016, Blanca Elisa Tovar, 42, of El Paso, Texas, smuggled seven ounces of heroin to the United States, intending to deliver the heroin to Rivera. However, Tovar, Rivera and Munoz were arrested and agents subsequently seized approximately $52,304, several ounces of heroin and a firearm from Munoz’s vehicle and residence.

 

The following defendants previously entered guilty pleas in the case:

• Carlos Diaz, 37, of El Paso, Texas, pled guilty on Jan. 24, 2017, and was sentenced on June 29, 2017, to 18 months in prison followed by three years of supervised release;

• Sandra Francis Guzman, 53, of El Paso, Texas, pled guilty on March 21, 2017, and was sentenced on July 25, 2017, to 18 months in prison followed by three years of supervised release;

• Alberto Lozano-Morales, 43, of Sunland Park, pled guilty on Dec. 6, 2016, and was sentenced on May 24, 2017 to time served followed by one year of supervised release;

• Blanca Elisa Tovar, 42, of El Paso, Texas, pled guilty on Dec. 13, 2016, and faces a sentence of 24 months in prison under the terms of her plea agreement;

• Juan Francisco Rivera pled guilty on Feb. 7, 2017, and faces a sentence of 108 months in prison under the terms of his plea agreement;

• Armando Daniel Marquez, 54 of Sunland Park, N.M., pled guilty on Feb. 23, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement; and

• Eleodoro Sanchez, 62, of Canutillo, Texas, pled guilty on March 7, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement.

 

One of the two remaining co-defendants has entered a plea of not guilty to the charges in the indictment; the second has yet to be arrested and is considered a fugitive. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

 

The Las Cruces office of the DEA and Sunland Police Department investigated these cases with assistance from the El Paso office of the FBI, the U.S. Border Patrol, and the Gang Unit of the El Paso Police Department. Assistant U.S. Attorneys Dustin C. Segovia and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting these cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.

 

The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.

 

The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Sylvester Hall, 55, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by four years of supervised release for his heroin and crack cocaine trafficking conviction.

 

Hall, a career offender whose criminal history includes at least three prior drug trafficking convictions, 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.

 

Hall was arrested on March 12, 2015, on a criminal complaint alleging heroin and crack cocaine trafficking offenses. According to the complaint, law enforcement agents located approximately 213.64 grams of heroin, 31.7 grams of crack cocaine, 100.7 grams of marijuana and $15,080.26 in cash inside a storage unit owned by Hall.

 

Hall was subsequently indicted on July 23, 2015, and charged with possession of heroin and crack cocaine with intent to distribute. According to the indictment, the offenses were committed on Feb. 10, 2015, in Eddy County, N.M. Hall entered a guilty plea to the indictment without the benefit of a plea agreement on Nov. 10, 2016.

 

This case was investigated by the Pecos Valley Drug Task Force which is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

 

The case was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.

 

The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Miguel Ordonez, 24, of Albuquerque, N.M., was sentenced today in federal court to 70 months in prison followed by four years of supervised release for his conviction on heroin trafficking charges. Miguel Ordonez was also ordered to pay a $7,400 money judgment.

 

Miguel Ordonez and his four co-defendants, Gonzalo Montenegro-Coronel, 31, a Mexican national, Esther Ordonez, 48, and Reydecel Lopez-Ordonez, 24, both of Albuquerque, and Fernando Gomez-Campos, 21, of El Paso, Tex., were charged in a 13-count indictment that was filed on Dec. 2, 2015. The indictment charged the defendants with participating in a heroin trafficking conspiracy between Nov. 2014 and Sept. 2015, distributing heroin on eight occasions between Nov. 2014 and Sept. 2015, and with using telephones to facilitate drug trafficking crimes. It also charged Esther Ordonez, Miguel Ordonez and Montenegro-Coronel with maintaining a residence for the purpose of manufacturing and distributing heroin between Nov. 2014 and Sept. 2015. According to the indictment, the defendants committed the crimes in Bernalillo County, N.M.

 

On April 24, 2017, Miguel Ordonez pled guilty to two counts of distributing heroin, using a communication facility in furtherance of a drug trafficking crime, and maintaining a drug involved premises. In entering the guilty plea, Miguel Ordonez admitted participating in telephone communications on March 27, 2015, in order to arrange heroin sales with individuals who unbeknownst to him were undercover agents. Miguel Ordonez admitted selling 148 grams of heroin for $4,200 on March 27, 2015, and 98 grams of heroin for $3,200 on May 7, 2015, to the undercover agent. He also admitted that from Nov. 10, 2014 and until his arrest in July 2015, he helped others store heroin for distribution at 2620 Katrina Dr. SW in Albuquerque.

 

Three of the other defendants have entered guilty pleas and one has been sentenced. Lopez-Ordonez pled guilty on Oct. 19, 2016, and was sentenced to 60 months of imprisonment followed by four years of supervised release on March 30, 2017. Gomez-Campos pled guilty on March 10, 2017, and Esther Ordonez pled guilty on April 12, 2017. Gomez-Campos and Esther Ordonez have yet to be sentenced.

 

Montenegro-Coronel has entered a not guilty plea to the indictment and is pending trial. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the Albuquerque office of the DEA and the HIDTA Region I Drug Task Force as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The HIDTA Region I Drug Task Force is comprised of officers from the Albuquerque Police Department, Rio Rancho Police Department, Valencia County Sheriff’s Office, Pueblo of Pojoaque Tribal Police Department and DEA. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

 

Assistant U.S. Attorneys Shaheen P. Torgoley and Stephen R. Kotz are prosecuting this case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.

 

The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Isaiah Gallegos, 22, of Albuquerque, N.M., was sentenced this morning in federal court to 37 months in prison followed by three years of supervised release for his conviction on an armed bank robbery charge.

 

Isaiah Gallegos was arrested in March 2016, on a criminal complaint charging him and four co-defendants, Greg Miera, 51, Martin Huerta, 43, Christian Herrera, 21, and Christopher Gallegos, 33, all of Albuquerque, with bank robbery. According to the complaint, a source identified the co-defendants as the individuals involved in robbing the US Bank branch located at 5620 Wyoming Blvd. NE in Albuquerque, on March 30, 2016. The complaint alleged that 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. The complaint alleged that 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.

 

Isaiah Gallegos, Huertta, Miera, Herrera and Christopher Gallegos were indicted on April 27, 2016, and charged with bank robbery.

 

On April 25, 2017, Isaiah Gallegos pled guilty to the indictment and admitted that on March 30, 2016, he participated in the robbery of the US Bank branch located at 5620 Wyoming Blvd. NE in Albuquerque by acting as lookout while his co-defendants robbed the bank.

 

Isaiah Gallegos’ four co-defendants have entered guilty pleas and two 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. Christopher Gallegos entered a guilty plea on Feb. 13, 2017, and Herrera entered a guilty plea on Feb. 24, 2017. At sentencing, Christopher Gallegos and Herrera each face a statutory maximum penalty of 25 years in federal prison. They remain in custody pending sentencing hearings.

 

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.

ALBUQUERQUE – Peter Calvert-Cata, 21, a member and resident of Ohkay Owingeh Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 48 months in prison followed by ten years of supervised release for his conviction on a sexual assault charge. He also will be required to register as a sex offender.

 

Calvert-Cata was arrested on Nov. 18, 2016, on a criminal complaint charging him with aggravated sexual abuse. According to the criminal complaint, Calvert-Cata sexually assaulted a 17-year-old female on Aug. 13, 2016, in Ohkay Owingeh Pueblo. At the time of the sexual assault, the victim, a member of Ohkay Owingeh Pueblo, was fading in and out of consciousness because she was under the influence of alcohol and marijuana. Calvert-Cata subsequently was indicted on Dec. 7, 2016, and was charged with two counts of aggravated sexual abuse.

 

On March 6, 2017, Calvert-Cata entered a guilty plea to a felony information charging him with sexual assault. In his plea agreement, Calvert-Cata admitted that he attempted to engage in a sexual act with the victim on Aug. 13, 2016, at a time when she was highly intoxicated by alcohol and marijuana. Calvert-Cata also acknowledged providing the marijuana consumed by the victim.

 

This case was investigated by the Santa Fe office of the FBI, the Northern Pueblos Agency of the BIA’s Office of Justice Services, the Ohkay Owingeh Tribal Police Department, and the New Mexico State Police.

 

Special Assistant U.S. Attorney Lucy B. Solimon prosecuted the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Travis Arthur Mustache, 35, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning in Albuquerque, N.M., to 37 months in prison for his conviction on federal involuntary manslaughter and assault charges. He will be on supervised release for three years after completing his prison sentence.

 

Mustache was arrested in March 2017, on an indictment charging him with involuntary manslaughter and assault resulting in serious bodily injury. According to the indictment, Mustache killed one victim and seriously injured another while driving his vehicle under the influence of alcohol on the Navajo Indian Reservation in San Juan County, N.M., on June 15, 2016.

 

On April 11, 2017, Mustache pled guilty to the indictment and admitted killing one victim and assaulting the second victim, causing her to sustain serious bodily injury, by driving recklessly while under the influence of alcohol. Mustache acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle. According to plea agreement, the second victim suffered from rib fractures, a liver laceration, bruised lung tissue and scalp bruises as the result of the assault.

 

This case was investigated by the Farmington office of the FBI, the Shiprock office of the Navajo Nation Division of Public Safety and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney Sarah Mease.

ALBUQUERQUE – Jeffrey Reed Palmer, 35, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to a domestic assault by a habitual offender charge.

 

Palmer was arrested on April 27, 2017, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender. According to the criminal complaint, Palmer caused the victim to suffer a contusion to the nose and a minor head injury. Palmer committed the crime on Aug. 4, 2016, on the Mescalero Apache Indian Reservation in Otero County, N.M. Palmer was charged as a habitual offender based on his two prior domestic violence convictions in Jan. 2014, from the Lincoln County Magistrate Court, and in Nov. 2009, from the Twelfth Judicial District court in Otero County.

 

During today’s proceedings, Palmer pled guilty to a felony information charging him with domestic assault by a habitual offender. In entering the guilty plea, Palmer admitted that on Aug. 4, 2016, he assaulted his intimate partner. Palmer also admitted that he was previously convicted on a battery against a household member charge in Alamogordo, N.M., in 2009, and again in Ruidoso, N.M., in 2014.

 

At sentencing, Palmer faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.

 

This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office 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.