District of New Mexico
Press releases recorded for this federal judicial district.
El Paso Man Pleads Guilty to Using Interstate Communications to Threaten Las Cruces Police OfficersRead the Press Release
ALBUQUERQUE – Sean Stinson, 33, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to using interstate communications to threaten the lives and safety of Las Cruces Police Department (LCPD) officers.
Stinson was arrested on Sept. 2, 2016, for making telephone calls from El Paso to individuals in Las Cruces during which he threatened the lives of LCPD officers. According to the criminal complaint, Stinson had several telephone calls, some of which were recorded, with LCPD officers during which Stinson threatened to shoot, kill and otherwise injure specific officers.
Stinson subsequently was indicted on Sept. 21, 2016, and charged with seven counts of transmitting interstate communications with intent to threaten to injure another person. According to the indictment, Stinson committed the crimes between Aug. 24, 2016 and Sept. 2, 2016.
During today’s proceedings, Stinson pled guilty to the indictment and admitted that on Aug. 24 and 25, 2016, he made several telephone calls from El Paso to the LCPD during which he threatened to injure an LCPD officer. Stinson acknowledged that he intended his calls to be perceived as threats.
At sentencing, Stinson faces a statutory maximum penalty of five years in prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI, the U.S. Marshals Service and the LCPD. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Albuquerque Man Sentenced to Prison for Federal Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – William Colbert, 38, of Albuquerque, N.M., was sentenced on July 21, 2017, in federal court to 41 months in prison followed by three years of supervised release for his conviction on bank robbery charges.
Colbert and co-defendants Joleen Sedillo, 42, and Abel Lopez, 31, both of Albuquerque, were arrested in July 2016, on a criminal complaint charging them with bank robbery charges. The criminal complaint alleges that Colbert, Sedillo, and Lopez robbed Bank of the West branches located at 5401 Central Ave. NE and 7900 Wyoming Blvd. NE on June 22, 2016 and June 27, 2016, respectively, and attempted to rob the Bank of the West branch located at 5228 Central Ave. SW on July 14, 2016.
Colbert, Sedillo, and Lopez were indicted on Aug. 10, 2016, and charged with conspiracy to commit bank robbery in June and July 2016; bank robbery on June 22, 2016 and June 27, 2016; and attempted bank robbery on July 14, 2016. According to the indictment, the three defendants committed the crimes in Bernalillo County, N.M.
On April 5, 2017, Colbert pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. In entering the guilty plea, Colbert admitted accompanying Sedillo and Lopez to the Bank of the West branches they planned to rob. Colbert further admitted that on July 14, 2016, he entered a Bank of the West branch while disguised with the intent to commit a robbery but left without obtaining any money.
On April 7, 2017, Lopez pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. Under the terms of his plea agreement, Lopez will be sentenced within the range of 27 to 33 months in federal prison followed by a term of supervised release to be determined by the court. A sentencing hearing has yet to be scheduled.
On March 28, 2017, Sedillo pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. Sedillo was sentenced on July 14, 2017, to 27 months in prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
Santa Fe County Man Pleads Guilty to Violating Federal Firearms LawRead the Press Release
ALBUQUERQUE – Brandon Maestas, 32, of Nambe, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by using and carrying firearms in furtherance of a drug trafficking crime.
Maestas was arrested on March 4, 2016, on a criminal complaint charging him with violating federal drug trafficking and firearms laws. According to the complaint, law enforcement officers found approximately 150 grams of cocaine, marijuana, drug paraphernalia and multiple firearms and ammunition while executing a state search warrant at Maestas’ residence in Nambe, N.M.
Maestas was indicted on March 23, 2016, and charged with drug trafficking and firearms offenses. The indictment, which was superseded on April 11, 2017, charged Maestas with possession of cocaine with intent to distribute, maintaining a residence for the purpose of drug trafficking, unlawful possession of a firearm and ammunition, and possessing firearms in furtherance of a drug trafficking crime. According to the superseding indictment, Maestas committed the crimes on Feb. 19, 2016, in Santa Fe County, N.M.
During today’s proceedings, Maestas pled guilty to Count 4 of the superseding indictment charging him with possessing firearms in furtherance of a drug trafficking crime. In entering the guilty plea, Maestas admitted that on Feb. 19, 2016, he possessed four pistols and multiple rounds of ammunition in relation to a drug trafficking crime, specifically possession of cocaine with intent to distribute.
At sentencing, Maestas faces a mandatory penalty of five years in federal prison. Maestas 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 HIDTA Region III Narcotics Task Force. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.
The HIDTA – High Intensity Drug Trafficking Area – Program is a program of the White House Office National Drug Control Policy (ONDCP) that facilitates cooperation among federal, state, local and tribal law enforcement to foster intelligence sharing and to support the execution of effective enforcement operations aimed at dismantling drug trafficking organization in critical drug trafficking regions of the United States. The HIDTA Region III Narcotics Task Force is comprised of the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.
Isleta Pueblo Man Sentenced for Assaulting Federal OfficerRead the Press Release
ALBUQUERQUE – Ben E. Aragon, 26, an enrolled member of the Pueblo of Isleta who resides in Bosque Farms, N.M., was sentenced today in federal court in Albuquerque, N.M., to 12 months in prison for assaulting a federal officer. Aragon will be on supervised release for three years after he completes his prison sentence.
Aragon was charged by criminal complaint on July 28, 2016, with assaulting an officer of the Isleta Pueblo Tribal Police Department, who is commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. According to the complaint, Aragon assaulted the officer while he was attempting to arrest Aragon on tribal charges of aggravated assault and criminal trespass, and an outstanding tribal arrest warrant.
Aragon was indicted on Sept. 13, 2016, and charged with assaulting a federal officer who was engaged in the performance of her official duties on July 23, 2016, on the Isleta Pueblo in Bernalillo County, N.M. Aragon pled guilty to the indictment on July 5, 2017, without the benefit of a plea agreement.
This case was investigated by the Isleta Pueblo Tribal Police Department and the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Albuquerque Man Pleads Guilty to Armed Robbery of Pizza Delivery PersonRead the Press Release
ALBUQUERQUE – Xavior Akina, 20, of Albuquerque, N.M., entered a guilty plea today in federal court to violating the Hobbs Act by robbing a pizza delivery person on March 7, 2016.
Akina was charged in a three-count indictment filed on May 10, 2016, with violating the Hobbs Act on March 6, 2016, by robbing a Domino’s Pizza employee at gunpoint, and on March 7, 2016, by robbing a Papa John’s Pizza employee at gunpoint, and violating the firearms laws by brandishing a firearm during those crimes of violence. According to the indictment, Akina committed the offenses in Bernalillo County, N.M.
During today’s proceedings, Akina pled guilty to Count 2 of the indictment charging him with violating the Hobbs Act and to Count 3 of the indictment charging him with brandishing a firearm during a crime of violence. In entering the guilty plea, Akina admitted that on March 7, 2016, he threatened the victim with a firearm and demanded money from the victim while the victim was delivering pizza.
At sentencing, Akina faces a maximum penalty of 20 years in federal prison on the Hobbs Act charge, and a mandatory seven-year prison sentence for brandishing a firearm, which must be served consecutive to any sentence imposed on the Hobbs Act charge. Akina 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 is being prosecuted by Assistant U.S. Attorney Eva Fontanez.
MEDIA ADVISORY-- Federal Officials to Hold Press Conference to Discuss Investigation into Ayudando Guardians, Inc., and Court Order Authorizing Federal Control of its Business OperationsRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney will hold a press conference at 1:00 P.M., on THURSDAY, JUNE 20, 2017, to discuss the indictment against Ayudando Guardians, Inc., and its principals, and the court order authorizing the U.S. Marshals Service to take control of its business operations. Acting U.S. Attorney Tierney will be joined by Special Agent in Charge Ismael Nevarez Jr. of the Phoenix Field Office of IRS Criminal Investigation, Assistant Special Agent in Charge Derek A. Fuller of the Albuquerque Division of the FBI, Special Agent in Charge Carl D. Scott of the Criminal Investigation Division of the U.S. Department of Veterans Affairs’ Office of Inspector General, and Resident Agent in Charge Ron Trevino of the Dallas Field Division of the U.S. Social Security Administration’s Office of the Inspector General.
WHO:
Acting U.S. Attorney James D. Tierney
Special Agent in Charge Ismael Nevarez Jr., Phoenix Field Office of IRS Criminal Investigation
Assistant Special Agent in Charge Derek A. Fuller, Albuquerque Division of the FBI
Special Agent in Charge Carl D. Scott, Criminal Investigations Division of the U.S. Department of Veterans Affairs’ Office of Inspector General
Resident Agent in Charge Ron Trevino, Dallas Field Division of the U.S. Social Security Administration’s Office of the Inspector General
WHEN:
THURSDAY, JULY 20, 2017
1:00 P.M.
WHERE:
U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials. Media may begin to arrive at 10:45 a.m. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
Guardianship Firm and its Principals Charged with Federal Conspiracy, Fraud, Theft and Money Laundering OffensesRead the Press Release
U.S. Marshals Service Assumes Control of Ayudando Guardians, Inc.,
to Ensure Continuity of Services for Special Needs Clients
ALBUQUERQUE – Federal law enforcement officials today announced the filing of conspiracy, fraud, theft and money laundering charges against Ayudando Alpha, Inc., d/b/a “Ayudando Guardians, Inc.” (Ayudando), and its co-founders, Susan Harris, 70, and Sharon Moore, 62, both residents of Albuquerque, N.M. The charges, which are contained in a 28-count indictment, arise out of an alleged decade-long sophisticated 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.
According to the indictment, Ayudando – which means “helping” in Spanish – receives government benefit payments from the U.S. Department of Veterans Affairs (VA) and U.S. Social Security Administration (SSA) on behalf of many of its clients, and acts as a fiduciary or representative payee for these clients by paying their expenses and maintaining the balances for the benefit of the clients. The indictment alleges that Harris and Moore, the primary owners and operators of Ayudando, have embezzled millions of dollars from their special needs clients to support lavish lifestyles for themselves and their families.
The charges against Ayudando, Harris and Moore are the result of an ongoing multi-agency investigation by the FBI, IRS Criminal Investigation, U.S. Marshals Service (USMS), VA Office of Inspector General and SSA Office of Inspector General. This morning federal law enforcement agents arrested Harris and Moore. Harris and Moore made their initial appearances in federal court in Albuquerque this morning. They are scheduled to return to court at 9:30 a.m. tomorrow, July 20, 2017, to be arraigned on the indictment and for detention hearings.
Federal authorities also enforced a federal court order that authorized the USMS’s Complex Assets Unit to assume control of Ayudando’s business operations. The court order appoints the USMS as the Receiver and Monitor of Ayudando, including all its financial accounts. The order authorizes the USMS to operate the business to ensure that its assets are not improperly spent or removed, and that the interests of Ayudando clients are protected as the prosecution of the criminal case goes forward. The USMS’s operation of Ayudando will ensure continuity of services for Ayudando clients.
The charges against Ayudando, Harris and Moore were announced by Acting U.S. Attorney James D. Tierney, U.S. Marshal Conrad E. Candelaria, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, Special Agent in Charge Ismael Nevarez Jr., of the Phoenix Field Office of IRS Criminal Investigation, Special Agent in Charge Carl D. Scott of the Criminal Investigations Division of the VA’s Office of Inspector General, and Special Agent in Charge Robert Feldt of the Dallas Field Division of the SSA’s Office of the Inspector General.
In making the announcement, Acting U.S. Attorney James D. Tierney said, “This case is all about the victims. The victims in this case relied upon Ayudando to manage their finances and meet their needs. If the allegations in the indictment are true, the principals of Ayudando cruelly violated the trust of their clients and looted their benefits. Federal law enforcement has now stepped in to ensure that the looting stops. The U.S. Attorney’s Office and its partners will conduct this prosecution in a manner that provides for the continued receipt of benefits by Ayudando’s clients, while holding the principals of the company accountable for their conduct.”
“This morning the U.S. Marshals Service assumed control of Ayudando’s business operations to ensure that the victims of the crimes charged in the indictment, which include our disabled veterans, and other Ayudando clients will continue to receive the services they deserve and are entitled to,” said U.S. Marshal Conrad E. Candelaria. “The U.S. Marshals Service also will continue to assist its law enforcement partners in the continuing investigation.”
“Many of our most vulnerable Americans, such as those with special needs, trust fiduciaries to handle their government benefits for them. Unfortunately, there are plenty of criminals willing to steal what could be a person’s only source of income, using the money to support a lavish lifestyle,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “The FBI, working with our law enforcement and government partners, is committed to bringing to justice those individuals whose greed destroys the lives and dreams of innocent people.”
“The indictment alleges that, instead of helping people with special needs, the defendants were greedy and helped themselves to their clients’ money,” said Special Agent in Charge Ismael Nevarez Jr., of the Phoenix Field Office of IRS Criminal Investigation. “IRS Criminal Investigation will always investigate individuals who misuse non-profit businesses and cause harm to those whose needs are supposed to be served by those businesses.”
“Professional fiduciaries who defraud vulnerable veterans are reprehensible,” said Special Agent in Charge Carl D. Scott of the Criminal Investigations Division of the VA Office of Inspector General. “The VA OIG will continue to work with other law enforcement agencies to expose those who harm veterans or exploit VA benefits systems and bring them to justice.”
“The SSA OIG is committed to investigating cases of suspected representative payee fraud, which can involve the theft of government funds and harm some of our most vulnerable citizens,” said Special Agent in Charge Robert Feldt of the Dallas Field Division of the SSA Office of the Inspector General. “We will continue to work with our law enforcement partners and the U.S. Attorney's Office on this case.”
The 28-count indictment, which was filed under seal on July 11, 2017 and was unsealed and publicly posted earlier today, includes two conspiracy counts, ten counts of mail fraud, nine counts of aggravated identify theft and six counts of money laundering. According to the indictment, from Nov. 2006, when Harris and Moore founded Ayudando, and continuing until July 2017, Ayudando, Harris and Moore embezzled millions of dollars from Ayudando client accounts to cover their personal expenses and support lavish lifestyles for themselves and their families. The indictment alleges that Harris and Moore perpetuated the embezzlement scheme by:
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Establishing Ayudando as a non-profit corporation in Nov. 2006, to position it as a guardian, conservator, fiduciary and representative payee for individuals needing assistance with their financial affairs;
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Setting up client trust and company bank accounts which only they controlled;
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Transferring funds from client accounts to Ayudando company accounts;
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Using client funds to pay off more than $4 million in charges on a company credit card account used by Harris, Moore and their families for personal purposes;
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Writing checks from Ayudando company accounts to themselves, cash and to cover personal expenses;
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Replenishing depleted client accounts with funds taken from other clients;
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Mailing fraudulent statements and certifications to the VA; and
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Forging and submitting forged bank statements to the VA.
The indictment identifies some of the ways in which Harris and Moore used the money they allegedly stole from Ayudando clients. For example, the indictment alleges that between June 2011 and March 2014, Harris wrote 12 checks in the total amount of $457,883 on the Ayudando client reimbursement account for personal purpose, including a $50,950 check made out to Mercedes Benz of Albuquerque and a $26,444 check made out to Myers RV Center. It also alleges that between Jan. 2013 and Feb. 2017, Harris used an Ayudando company credit card to pay $140,790 to cover luxury vacations for herself and others, including cruises in the Caribbean isles and a “Final Four” basketball junket, while knowing that Moore would pay off the charges using client funds.
The mail fraud charges in the indictment describe some of the fraudulent documents allegedly mailed by Ayudando, Harris and Moore to the VA to perpetuate and conceal their embezzlement scheme. For example, between Jan. 2016 and Nov. 2016, Moore allegedly mailed fraudulent documents to the VA that falsely represented the balances in ten client accounts. According to the indictment, the documents falsely claimed that the ten client accounts had an aggregate balance of $1,906,908, when the actual value of the ten accounts was only $72,281. The ten client accounts identified in the indictment are examples of the fraud allegedly perpetrated by the defendants as part of their embezzlement scheme.
According to the indictment, Ayudando, Harris and Moore also engaged in aggravated identify theft by using their clients’ names, dates of birth, Social Security Numbers and VA file numbers to commit mail fraud offenses. Harris and Moore also allegedly committed money-laundering offenses by using $392,623 from the Ayudando client reimbursement account to pay off balances on a company credit card used by the defendants and their families for personal purposes. The indictment includes forfeiture provisions that seek forfeiture to the United States of any proceeds and property involved in, or derived from, the defendants’ unlawful conduct.
If the defendants are convicted on the crimes charged in the indictment, they face the following maximum statutory penalties:
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Count 1, conspiracy – 30 years of imprisonment and a $250,000 fine;
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Counts 2-11, mail fraud – 30 years of imprisonment and a $250,000 fine;
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Counts 12-21, aggravated identity theft – a mandatory two-years of imprisonment that must be served consecutive to any other sentence imposed on other counts and a $250,000 fine;
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Counts 22-27, money laundering – ten years of imprisonment and a $250,000 fine or twice the amount of the property involved in the crime; and
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Count 28, conspiracy to commit money laundering – ten years of imprisonment and a $250,000 fine or twice the amount of the property involved in the crime.
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 office 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.
Ayudando clients or family members of Ayudando clients who need to speak with someone about their accounts or expenses should call Ayudando, which is now being operated by the U.S. Marshals Service, at 505-332-4357.
Starting tomorrow, information about the federal investigation into Ayudando, including the indictment and the federal court order, will be available at www.justice.gov/usao-nm/ayudando-guardians. Also starting tomorrow, Ayudando clients can direct their comments or concerns to the U.S. Attorney’s Office at [email protected] or 505-346-6902.
Charges in indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Ayudando Indictment-
Artesia Man Pleads Guilty to Federal Firearms and Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Odis Levi Booher, 28, of Artesia, N.M., pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to violating the federal firearms and drug trafficking laws. Under the terms of the plea agreement, Booher will be sentenced to ten years in prison followed by a term of supervised release to be determined by the court.
Booher was arrested on Nov. 15, 2016, on a criminal complaint charging him with committing firearms and methamphetamine trafficking offenses in Chaves County, N.M. According to the complaint, on Nov. 10, 2016, law enforcement agents found approximately 511.2 grams of methamphetamine, a handgun and $2,205 in cash while executing search warrants on Booher and his vehicle.
During yesterday’s proceedings, Booher pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute, possession of a handgun in relation to a drug trafficking crime, and being a felon in possession of a firearm. In entering the guilty plea, Booher admitted that on Nov. 10, 2016, he possessed the methamphetamine, firearm and ammunition found inside his truck by law enforcement officers. Booher acknowledged that on Nov. 10, 2016, he was prohibited from possessing firearms or ammunition because of his prior felony conviction for residential burglary. Booher 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 the Chaves County Metro Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorney Dustin C. Segovia of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
San Ildefonso Pueblo Man Pleads Guilty to Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Jordan Roybal, 25, an enrolled member of the San Ildefonso Pueblo who resides in San Felipe Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting a federal officer.
Roybal was arrested on March 3, 2017, on a criminal complaint charging him with assaulting a federal officer. According to the criminal complaint, Roybal was arrested on tribal charges on Nov. 21, 2016, after he assaulted a law enforcement officer of the Bureau of Indian Affairs (BIA). Roybal committed the assault on San Ildefonso Pueblo in Santa Fe County, N.M., by resisting arrest and challenging the officer to fight. During the assault, Roybal bit the officer on the wrist. The officer also sustained skinned knees, a scrape on his left hand, swelling of his right knee and soreness to his left wrist as the result of the assault.
Roybal was subsequently charged in a two-count indictment on March 28, 2017, with assaulting a federal officer on Nov. 21, 2016 in Santa Fe County, and assaulting a federal officer on Jan. 26, 2017, in Rio Arriba County, N.M.
During today’s proceedings, Roybal pled guilty to Count 1 of the indictment charging him with assaulting a federal officer. In entering the guilty plea, Roybal admitted that on Nov. 21, 2016, he assaulted a BIA officer while the officer was attempting to arrest him on tribal offenses by lying about his identity, cursing at the officer, resisting arrest, throwing his elbow into the officer, biting the officer, and verbally threatening the officer.
At sentencing, Roybal faces a maximum penalty of 20 years in federal prison. Roybal remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Elisa Dimas is prosecuting the case.
Roswell Man Sentenced to Ten Years for Drug Trafficking Conviction and Violating Supervised Release ConditionsRead the Press Release
ALBUQUERQUE – Richard G. Thyberg, 28, of Roswell, 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 conviction on heroin and methamphetamine trafficking charges and for violating the conditions of his supervised release on a prior conviction.
Thyberg was arrested on Nov. 4, 2016, on a criminal complaint charging him methamphetamine and heroin trafficking offenses in Chaves County, N.M. According to the complaint, Thyberg sold 15.4 grams of methamphetamine to an individual working with law enforcement on May 18, 2016. The complaint further alleges that on June 28, 2016, law enforcement agents found 319.4 grams of methamphetamine, 91.5 grams of heroin, Suboxone strips, marijuana, $4,033.95 in cash, and drug paraphernalia inside Thyberg’s vehicle while executing a search warrant. At the time of the offenses, Thyberg was on supervised release for a federal conviction in 2009.
On March 8, 2017, Thyberg pled guilty to a felony information charging him with possession of methamphetamine and heroin with intent to distribute and violating the terms of his supervised release for his prior conviction. In entering the guilty plea, Thyberg admitted that on June 28, 2016, he possessed the methamphetamine and heroin officers found in his vehicle, and that he intended to sell the drugs to others. Thyberg also admitted violating the conditions of his supervised release, which included prohibitions against committing another federal, state or local crime and unlawfully possessing a controlled substance by possessing methamphetamine and heroin with the intent to distribute on June 28, 2016.
This case was investigated by the HIDTA Chaves County Metro Narcotics Task Force which is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
This case was prosecuted by Assistant U.S. Attorney Selesia Winston 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.
Navajo Man from Churchrock Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Randy Payton, 35, an enrolled member of the Navajo Nation who resides in Churchrock, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. Payton entered the guilty plea under a plea agreement that recommends that he be sentenced to a term of imprisonment within the range of seven to 13 years followed by a term of supervised release to be determined by the court
Payton was arrested on Oct. 19, 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on Oct. 14, 2016. According to the criminal complaint, Payton killed the victim by hitting and kicking him repeatedly during a fight. Payton was subsequently indicted on the same charge on Nov. 15, 2016.
During today’s proceedings, Payton pled guilty to the indictment and admitted killing the victim during a fight on Oct. 14, 2016. Payton remains in custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Department of Public Safety and was prosecuted by Assistant U.S. Attorney Novaline Wilson.
Las Cruces Man Sentenced to Almost Seven Years for Assaulting Federal Law Enforcement OfficersRead the Press Release
ALBUQUERQUE – Richard Ruiz Leyva, 37, of Las Cruces, N.M., was sentenced today in federal court to 82 months in prison for assaulting federal law enforcement officers. Leyva will be on supervised release for three years after completing his prison sentence.
Leyva was arrested in Aug. 2016, and charged by a criminal complaint with assaulting and resisting local law enforcement officers who were federally commissioned by the U.S. Marshals Service (USMS). According to the complaint, Leyva assaulted the officers by using his vehicle as a weapon by repeatedly running into law enforcement vehicles as the officers attempted to conduct a traffic stop on Leyva. Leyva also drove his vehicle directly at an officer who had exited his vehicle after Leyva had rendered the officer’s vehicle inoperable by crashing into the law enforcement vehicle.
On March 22, 2017, Leyva pled guilty to a felony information charging him with two counts of assaulting, resisting and interfering with federal officers engaged in the performance of their official duties. In entering the guilty plea, Leyva admitted that on Aug. 19, 2016, he used his vehicle as a deadly weapon in an attempt to flee from federal and local law enforcement officers because of an outstanding warrant for his arrest. Leyva further admitted that he drove directly at an officer but turned away when the officer fired his weapon at Leyva in an effort to stop Leyva.
This case was investigated by the Las Cruces offices of the FBI and the USMS and the Las Cruces Police Department. Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Federal Officials Close the Investigation into the Death of James BoydRead the Press Release
ALBUQUERQUE – There is insufficient evidence to pursue federal criminal civil rights charges against Albuquerque Police Department (APD) officers involved in the fatal shooting of James Boyd, the Justice Department announced today. Officials from the Department’s Civil Rights Division, the U.S. Attorney’s Office for the District of New Mexico and FBI met today with Boyd’s family and their representative to inform them of this decision. Boyd, who had a long history of mental illness, was shot and killed following a lengthy standoff with law enforcement officers after he was discovered camping illegally in the foothills of the Sandia Mountains.
Career prosecutors and investigators at the Justice Department conducted a comprehensive independent review of the events surrounding the March 16, 2014, shooting that resulted in Boyd’s death. The investigation reviewed all of the material and evidence in the state case, which was provided by the APD, the New Mexico State Police (NMSP) and the Bernalillo County Sheriff’s Department, including witness statements, recordings from video and audio recording devices worn by officers, dispatch records, photos and recordings by civilian witnesses, crime scene evidence, ballistics evidence, and medical reports. The Department also reviewed the evidence presented in state court during the preliminary hearing and trial by the Special Prosecutor appointed by the Second Judicial District Attorney’s Office.
The federal review sought to determine whether the evidence of the events that led to Boyd’s death were sufficient to prove beyond a reasonable doubt that any officer’s actions violated the federal criminal civil rights statutes. Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right. Courts define “willfully” to require proof that a defendant knew his acts were unlawful, and committed those acts in open defiance of the law. It is one of the highest standards of intent imposed by law.
After a careful and thorough review into the facts surrounding the shooting, federal investigators determined that there is insufficient evidence prove beyond a reasonable doubt a violation of the federal statute. The evidence, when viewed as whole, indicates that the officers fired only after reasonably perceiving that Boyd posed a serious threat of physical harm to a fellow officer. At the time of the shooting, Boyd was brandishing two knives and was in close proximity to a canine handler. Additionally, the officers were aware of Boyd’s violent criminal history, mental health issues, and his repeated threats to kill officers during the standoff. Consequently, there is insufficient evidence to prove that the officers’ uses of deadly force were objectively unreasonable.
Accordingly, the investigation into this incident has been closed. This decision is limited strictly to the Department’s inability to meet the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of the shooting.
The Justice Department is committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.
Albuquerque Man Pleads Guilty to Drug Trafficking Charge Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 66 of the 104 defendants charged as the result of this investigation have entered guilty pleas and 29 of them have been sentenced.
Davon Johnson, 44, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Under the terms of his plea agreement, Johnson will be sentenced to five years in prison followed by a term of supervised release to be determined by the court.
Johnson is one of 104 individuals who were charged as the result of the investigation that began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
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.
Johnson was arrested on July 6, 2016, on an indictment charging him with distribution of MDMA on Jun 9, 2016, in Bernalillo County, N.M. During today’s proceedings, Johnson pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Johnson admitted that on June 9, 2016, he sold approximately 100 pills containing methamphetamine to another individual in exchange for money. Johnson remains in custody pending a sentencing hearing which has yet to be scheduled.
The remaining defendants have entered not guilty pleas. 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 is being prosecuted by Assistant U.S. Attorney Presiliano Torrez
Albuquerque Felon Pleads Guilty to Unlawful Possession of One Round of AmmunitionRead the Press Release
ALBUQUERQUE – Steven Morales, 38, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully possessing a round of ammunition. At sentencing, Morales faces a maximum penalty of ten years of imprisonment unless the court determines that he is an armed career criminal. In that event, Morales will face an enhanced sentence of a statutory mandatory minimum penalty of 15 years in prison and a maximum of life imprisonment.
Morales is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Morales was arrested in July 2015, on an indictment charging him with being a felon in possession of ammunition on Jan. 28, 2015 in Bernalillo County, N.M. According to the indictment, Morales was prohibited from possessing firearms or ammunition because of his numerous felony convictions. According to court filings, Morales has at least five felony convictions for offenses involving burglary, larceny, criminal damage, receiving stolen property, escape from jail, possession of methamphetamine, disarming a police officer, and aggravated fleeing a law enforcement officer.
During today’s proceedings, Morales pled guilty to the indictment without the benefit of a plea agreement. Morales remains in custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service and the Bernalillo County Sheriff’s Department. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
Two More Sentenced and Four More Plead Guilty to Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 65 of the 104 defendants charged as the result of this investigation have entered guilty pleas and 29 of them have been sentenced.
The following Albuquerque residents recently entered guilty pleas in federal court in Albuquerque, N.M.:
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Brandon Jason Hunt, 27, pled guilty to cocaine trafficking charges on July 6, 2017. Under the terms of his plea agreement, Hunt will be sentenced to a year and a day in prison. However, if the court determines that Hunt is a career offender, he will be sentenced to 96 months in prison.
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Margarito Ruiz, 36, pled guilty to methamphetamine trafficking charges on July 6, 2017.
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Cody Jones, 32, and Dustin Swint, 30, each pled guilty to methamphetamine trafficking charges on July 13, 2017.
In addition, the following two Albuquerque residents were sentenced:
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Mikai Cropsey, 42, was sentenced on July 11, 2017, to 51 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
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Adrian D. Hammond, 30, was sentenced on July 13, 2017, to 36 months in prison followed by three years of supervised release for being a felon in possession of a firearm.
These six defendants were amongst the 104 who were charged as the result of the investigation that began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
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.
Hunt was arrested in Oct. 2016, on an indictment charging him with distributing cocaine on May 5, 2016, and June 1, 2016, and being a felon in possession of a firearm on May 19, 2016. Hunt was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated battery with a deadly weapon and attempt to commit an aggravated burglary. According to the indictment, Hunt committed the offenses in Rio Arriba County, N.M. On July 6, 2017, Hunt pled guilty to distributing cocaine and admitted that on May 5, 2016, he distributed cocaine to an undercover law enforcement agent. A sentencing hearing is currently scheduled for Oct. 5, 2017.
Hunt was arrested in Jan. 2017, on an indictment charging him with distributing methamphetamine on May 23, 2016, and being a felon in possession of a firearm on May 25, 2016. was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of a controlled substance and shoplifting. According to the indictment, committed the offenses in Bernalillo County, N.M. On July 6, 2017, pled guilty to a methamphetamine trafficking charge, and admitted that on May 23, 2016, he distributed approximately two ounces of methamphetamine to an undercover law enforcement agent. At sentencing, faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
Jones and Swint were arrested in Aug. 2016, on an indictment charging the two men with participating in a methamphetamine trafficking conspiracy and distributing methamphetamine on May 16 and 17, 2016. The indictment also charged Jones alone with distributing methamphetamine on June 6, 2016, June 7, 2016, and June 15, 2016. According to the indictment, Jones and Swint committed the crimes in Bernalillo County. On July 13, 2017, Jones and Swint each pled guilty to methamphetamine trafficking charges and admitted that on May 17, 2016, they conspired to distribute approximately two ounces of methamphetamine to an undercover law enforcement agent. At sentencing, Jones and Swint each face a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. Sentencing hearings have yet to be scheduled.
Cropsey and his codefendant Bernadette Aurora Tapia, 49, also of Albuquerque, were arrested in Aug. 2016, on an indictment charging them with conspiracy and distribution of methamphetamine on June 14, 2016, in Bernalillo County. On Dec. 22, 2016, Cropsey pled guilty to conspiracy and admitted that on June 14, 2016, he agreed with another person to sell methamphetamine to a person Cropsey believed was a drug customer.
Hammond was charged in a criminal complaint on June 27, 2016, with being a felon in possession of a firearm and ammunition on June 26, 2016, in Bernalillo County. Hammond was subsequently indicted on the same charge on July 12, 2016. According to the indictment, Hammond was prohibited from possessing firearms or ammunition because of his prior felony convictions for theft by taking, obstruction of law enforcement officer, being a felon in possession of a firearm, false imprisonment and aggravated assault with a deadly weapon. On April 12, 2017, Hammond pled guilty to the indictment and admitted that he was prohibited from possessing firearms or ammunition on June 26, 2016, because of his status as a convicted felon.
The remaining defendants have entered not guilty pleas. 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. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case against Hunt. Assistant U.S. Attorney Eva M. Fontanez is prosecuting the case against Ruiz. Assistant U.S. Attorney Rumaldo A. Armijo is prosecuting the case against Jones and Swint. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case against Cropsey. Assistant U.S. Attorney Presiliano Torrez prosecuted the case against Hammond.
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San Juan County Felon Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Justin Krantz, 32, of Aztec, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 57 months in prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.
Krantz arrested in Nov. 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 4, 2016, in San Juan County, N.M. According to the indictment, Krantz was prohibited from possessing firearms or ammunition because of his prior conviction on drug trafficking charges.
On April 11, 2017, Krantz pled guilty to the indictment and admitted that on May 4, 2016, he was in possession of a firearm and ammunition. Krantz further admitted that he was prohibited from being in possession of firearms or ammunition because of his prior felony convictions.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Eva Fontanez prosecuted the case.
Albuquerque Woman Sentenced to Prison for Federal Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Joleen Sedillo, 42, of Albuquerque, N.M., was sentenced this morning in federal court to 27 months in prison followed by three years of supervised release for her conviction on bank robbery charges.
Sedillo and co-defendants Abel Lopez, 31, and William Colbert, 38, both of Albuquerque, were arrested in July 2016, on a criminal complaint charging them with bank robbery charges. The criminal complaint alleges that Sedillo, Lopez and Colbert robbed Bank of the West branches located at 5401 Central Ave. NE and 7900 Wyoming Blvd. NE on June 22, 2016 and June 27, 2016, respectively, and attempted to rob the Bank of the West branch located at 5228 Central Ave. SW on July 14, 2016.
Sedillo, Lopez and Colbert were indicted on Aug. 10, 2016, and charged with conspiracy to commit bank robbery in June and July 2016; bank robbery on June 22, 2016 and June 27, 2016; and attempted bank robbery on July 14, 2016. According to the indictment, the three defendants committed the crimes in Bernalillo County, N.M.
On March 28, 2017, Sedillo pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. In entering the guilty plea, Sedillo admitted driving Lopez and Colbert to the Bank of the West branches they planned to rob. Sedillo further admitted that on July 14, 2016, she drove her co-defendants away from a branch of Bank of the West branch that Colbert attempted to rob. She also admitted concealing the clothing Colbert wore during the attempted robbery.
On April 5, 2017, Colbert pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. Under the terms of his plea agreement, Colbert will be sentenced within the range of 41 to 51 months in federal prison followed by a term of supervised release to be determined by the court. On April 7, 2017, Lopez pled guilty to conspiracy to commit bank robbery and to aiding and abetting an attempted bank robbery. Under the terms of his plea agreement, Lopez will be sentenced within the range of 27 to 33 months in federal prison followed by a term of supervised release to be determined by the court. Colbert and Lopez are currently scheduled for sentencing hearings on July 21, 2017
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
Albuquerque Man Sentenced to Prison for Conviction on Federal Fraud and Theft of Mail ChargesRead the Press Release
ALBUQUERQUE – Jeremy L. Lara, 37, of Albuquerque, N.M., was sentenced this afternoon in federal court to 30 months in prison followed by three years of supervised release for his conviction on federal fraud and theft or mail charges.
Lara was arrested in May 2016, on a criminal complaint charging him with theft of mail on May 19, 2016, in Sandoval County, N.M., after law enforcement officers found Lara in the process of stealing mail from a community mailbox. According to the complaint, officers recovered a counterfeited USPS arrow key as well as stolen mail from inside Lara’s vehicle.
Lara was subsequently charged in a ten-count indictment on June 14, 2016. Lara was charged with the following: three counts of bank fraud and three counts of aggravated identity theft on Nov. 11, 2015, Nov. 13, 2015, and Nov. 15, 2015; two counts of possession of a counterfeit postal key on Dec. 19, 2015 and May 19, 2016; and three counts of theft or receipt of stolen mail on Dec. 21, 2015 and May 19, 2016. The indictment alleges that the crimes took place in Bernalillo and Sandoval Counties, N.M. The indictment includes forfeiture provisions requiring Lara to forfeit $4,870.28 to the United States.
On Oct. 13, 2016, Lara pled guilty to all counts of the indictment. In entering the guilty plea, Lara admitted that he stole mail by using a counterfeit USPS arrow key that he created. Lara further admitted that he specifically sought out driver’s licenses, bank cards and other personal identifying information to access the bank accounts of legitimate card holders, and impersonated the account holders by using their bank cards and PIN numbers to withdraw cash from ATMs.
This case was investigated by the U.S. Postal Inspection Service and the Rio Rancho Police Department. Assistant U.S. Attorney Nicholas Jon Ganjei prosecuted the case.
Zuni Pueblo Man Pleads Guilty to Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Justin Owen Poblano, 24, an enrolled member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an aggravated child sexual abuse charge under a plea agreement that recommends a maximum sentence of 15 years of imprisonment. Poblano will be required to register as a sex offender after completing his prison sentence. The guilty plea was announced by Acting U.S. Attorney James D. Tierney and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department.
Poblano was arrested in Aug. 2012, on an indictment charging him with engaging in a sexual act with a child between 12 and 16 years of age on June 10, 2012, on the Zuni Pueblo in McKinley County, N.M. According to court documents, proceedings in the case were delayed during the pendency of competency proceedings. Poblano remained in federal custody from the time of his arrest until the court found him competent in Oct. 2014.
During today’s proceedings, Poblano pled guilty to a felony information charging him with aggravated sexual abuse. In entering the guilty plea, Poblano admitted that on June 10, 2012, while at a residence on the Zuni Pueblo, he forced the victim to engage in a sexual act. Poblano remains in custody pending a sentencing hearing, which is scheduled for July 25, 2017, in Santa Fe, N.M.
This case was investigated by the Zuni Pueblo Tribal Police Department. Assistant U.S. Attorney Kyle T. Nayback is prosecuting this case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
The case also is being prosecuted under Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
San Juan County Man Pleads Guilty to Federal Wire Fraud Charges Arising Out of Million Dollar Fraud SchemeRead the Press Release
ALBUQUERQUE – Bobby Willis, 45, a resident of Kirtland, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to wire fraud charges under a plea agreement recommending a maximum sentence of 24 months in federal prison. The plea agreement also requires Willis to pay restitution to the victims of his fraudulent conduct.
Willis was charged in a two-count indictment, which was filed on Oct. 20, 2015, alleging that, from March 2010 through Aug. 2011, Willis executed an illegal scheme to defraud two victims out of $1,000,000. According to the indictment, Willis offered the victims an opportunity to purchase a five-percent interest in a real estate investment company for $1,000,000 with the understanding that he and other individuals had also invested millions of dollars in the company. Willis then spent $995,000 of the victims’ $1,000,000 instead of investing the funds.
Count 1 of the indictment alleges that on Oct. 25, 2010, Willis caused $900,000 to be wire transferred from the bank account of the real estate investment company to his and his wife’s bank account. Count 2 alleges that on Nov. 12, 2010, Willis caused another $95,000.00 to be wire transferred from the real estate investment company’s bank account to his and his wife’s bank account.
During today’s proceedings, Willis pled guilty to the two-count indictment. In entering the guilty plea, Willis admitted meeting the victims in 2010 and devising a plan to cause the victims to give him $1,000,000 to invest in a real estate LLC created by Willis. Willis further admitted directing the victims to work with his associates to invest the money in a real estate company. That same real estate company transferred $995,000 into an account held by Willis and his wife on Oct. 25, 2010 and Nov. 18, 2010.
In his plea agreement, Willis admitted that he and his wife spent the victims’ money. Willis also admitted that he did not invest the victims’ money in any real estate, and when the victims inquired about the status of their investment, he had associates falsely assure the victims that their investment had grown in value. A sentencing hearing 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 C. Paige Messec.
Navajo Man from Ramah Sentenced to Prison for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Nochise Martinez, 23, an enrolled member of the Navajo Nation who resides in Ramah, N.M., was sentenced today in federal court in Albuquerque, N.M., to 48 months in prison for his conviction on a voluntary manslaughter charge. Martinez will be on supervised release for three years after he completes his prison sentence.
Martinez was arrested on Jan. 4, 2017, on a criminal complaint charging him with killing a Navajo man on the Ramah Navajo Indian Reservation in Cibola County, N.M., on Dec. 31, 2016. According to the criminal complaint, Martinez stabbed the victim multiple times during a fight.
On March 27, 2017, Martinez pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, Martinez admitted that on Dec. 31, 2016, he killed the victim by stabbing him in the chest with a knife during a fight between the two men.
This case was investigated by the Gallup office of the FBI and the Ramah Navajo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Joseph Spindle.
Navajo Man Pleads Guilty to Assaulting a Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Abner Joe, 55, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting a federal officer.
Joe was arrested on Aug. 10, 2016, on a criminal complaint charging him with assaulting a federal officer. According to the complaint, Joe assaulted an officer of the Navajo Nation Division of Public Safety on Aug. 4, 2016, by spitting on her and threatening her with a hammer and a wooden board. At the time of the assault, the tribal officer was commissioned as a Special Federal Officer by the BIA’s Office of Justice Services.
Joe was indicted on Aug. 23, 2016, and charged with assaulting a federal officer with a dangerous weapon and assault involving physical contact. The indictment alleged that Joe committed the crimes on Aug. 4, 2016, on the Navajo Indian Reservation in San Juan County, N.M.
During today’s proceedings, Joe pled guilty to assaulting a federal officer. In entering the guilty plea, Joe admitted that on Aug. 4, 2016, he threatened two uniformed tribal officers as he approached them while holding a raised 2” x 4” board. He also admitted throwing a hammer at one of the tribal officers who was commissioned as a Special Federal Officer by the BIA.
At sentencing, Joe faces a maximum penalty of 20 years in prison. A sentencing hearing 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. Attorney Michael Murphy is prosecuting the case.
Farmington Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Rupesh Bhakta, 39, of Farmington, N.M., was sentenced today in federal court in Albuquerque, N.M., to 24 months in prison for his methamphetamine trafficking conviction. He will be on supervised release for three years after completing his prison sentence.
Bhakta was arrested on March 4, 2016, on a criminal complaint charging him with trafficking methamphetamine in San Juan County, N.M. According to the complaint, Bhakta sold approximately 57 grams of methamphetamine to an undercover law enforcement agent on Feb. 16, 2016.
Bhakta and co-defendant David Kingsbeck, 43, also of Farmington, were subsequently indicted on March 23, 2016. The indictment charged Kingsbeck with being a felon in possession of a firearm on July 1, 2015 and Dec. 30, 2015, and distributing heroin on Dec. 30, 2015. It also charged and Kingsbeck with conspiracy and distributing methamphetamine on Feb. 16, 2016. According to the indictment, the defendants committed the crimes in San Juan County. Kingsbeck was prohibited from possessing firearms and ammunition because of his prior felony convictions for criminal conspiracy theft and escape attempt from felony.
On Dec. 8, 2016, Bhakta pled guilty to an information charging him with distributing methamphetamine. In entering the guilty plea, Bhakta admitted that on Feb. 16, 2016, he distributed methamphetamine to an undercover law enforcement agent.
On Dec. 19, 2016, Kingsbeck pled guilty to distributing heroin and being a felon in possession of a firearm and ammunition. In his plea agreement, Kingsbeck admitted selling 12.8 grams of heroin and a firearm and ammunition to an undercover law enforcement agent on Dec. 29, 2015. Kingsbeck acknowledged that he was prohibited from possessing firearms or ammunition on Dec. 29, 2015, because of his status as a convicted felon. Kingsbeck was sentenced on May 1, 2017, to 37 months in prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case.
Albuquerque Man Sentenced to Five Years for Conviction on Federal Firearms and Heroin Trafficking ChargesRead the Press Release
ALBUQUERQUE – Gerald Herrera, 31, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for his conviction on firearms and heroin trafficking charges. Herrera will be on supervised release for three years after completing his prison sentence.
Herrera was arrested on April 7, 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition, possessing methamphetamine and heroin with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime. According to the indictment, Herrera committed the offenses on July 8, 2015, in Bernalillo County, N.M. Herrera was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving or transferring a stolen vehicle, tampering with evidence, possession of cocaine, homicide by vehicle and auto burglary.
On Dec. 10, 2016, Herrera pled guilty to possessing heroin with intent to distribute and carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Herrera admitted that on July 8, 2015, officers of the Albuquerque Police Department found a firearm, ammunition and individually packaged bags of heroin and methamphetamine on him and in his vehicle during a traffic stop.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Adam Chavez, 35, 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.
Chavez was arrested in Feb. 2016, and was charged by criminal complaint with possessing methamphetamine with intent to distribute on Feb. 16, 2016, in Bernalillo County, N.M. According to the complaint, Deputies of the Bernalillo County Sheriff’s Office and Special Agents of the DEA seized three bags containing an aggregate of 934 grams of methamphetamine and drug paraphernalia when they executed a state search warrant at Chavez’s residence. Chavez was subsequently indicted on the same charge on March 8, 2016.
During today’s proceedings, Chavez pled guilty to the indictment. In entering the guilty plea, Chavez acknowledged that on Feb. 16, 2016, law enforcement officers executed a search warrant at his Albuquerque residence. Chavez admitted that as the officers approached his residence, they observed him throw a brown bag containing a shirt, a set of scales and 846 grams of pure methamphetamine from his second floor balcony onto a neighboring rooftop before reentering his residence.
At sentencing, Chavez faces a statutory minimum penalty of ten years and a maximum of life in federal prison. Chavez remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Alexander M. Uballez and Timothy S. Vasquez are prosecuting the case.
Prior Felon from Roswell Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Gilbert Dutchover, 58, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws. The plea agreement recommends an 18-month prison sentence followed by a term of supervised release to be determined by the court.
Dutchover was arrested on May 5, 2017, on an indictment charging him with being a felon in possession of a firearm and ammunition on Aug. 18, 2014, in Chaves County, N.M. According to the indictment, Dutchover was previously convicted of unlawful carrying of a firearm into a licensed liquor establishment, being a felon in possession of a firearm or destructive device, receiving stolen property and cocaine trafficking.
During today’s proceedings, Dutchover pled guilty to the indictment and admitted that on Aug. 18, 2014, law enforcement officers located a pistol and ammunition in his garage during the execution of a search warrant on his residence. Dutchover further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. A sentencing hearing has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chaves County Sheriff’s Office and the Pecos Valley Drug Task Force. Assistant U.S. Attorneys Luis A. Martinez and Selesia L. Winston of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Man from Shiprock Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Aaron Curley, 55, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge under a plea agreement with the U.S. Attorney’s Office.
Curley was arrested in Nov. 2016, on a criminal complaint charging him with assaulting a Navajo woman by stabbing her in the leg and sternum area with a knife. Curley was indicted on Dec. 20, 2016, and charged with assault with a dangerous weapon, a knife, with intent to do bodily injury and assault resulting in serious bodily injury. According to the indictment, the offenses took place on Nov. 20, 2016, on the Navajo Indian Reservation in San Juan County, N.M.
During today’s proceedings, Curley pled guilty to Count 1 of the indictment charging him with assault with a dangerous weapon. In entering the guilty plea, Curley admitted that on Nov. 20, 2016, he assaulted the victim by stabbing her in the left leg and caused the victim to sustain cuts to her left arm and hand as she was defending herself.
At sentencing, Curley faces a maximum penalty of ten years in federal prison. Curley remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting this case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Santa Fe Woman Sentenced for Conviction on Attempted Armed Robbery ChargeRead the Press Release
ALBUQUERQUE – Sonya Padilla, 42, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to a year and a day in prison followed by three years of supervised release for her conviction for attempting to rob a business engaged in interstate commerce.
Padilla and co-defendant Michael Crespin, 44, also of Santa Fe, were arrested in May 2014, on a criminal complaint charging them with robbing the First National Bank of Santa Fe located at 4995 Governor Miles Road in Santa Fe on May 5, 2014. According to the complaint, Crespin robbed the bank by brandishing a gun at bank tellers and demanding money. He left the bank with the money and was driven away by Padilla.
Crespin and Padilla were indicted on May 21, 2014, and charged with armed bank robbery. A superseding indictment was filed on May 28, 2015, and charged Crespin and Padilla with violating the Hobbs Act on April 28, 2014, in Santa Fe County by attempting to rob the Plaza de Centro America market, and with the armed robbery of the First National Bank of Santa Fe on May 5, 2014, in Santa Fe County.
Padilla pled guilty on March 7, 2016, to attempted interference with interstate commerce by robbery and violence and admitted that on April 28, 2014, she and Crespin attempted to rob the Plaza de Centro America market in Santa Fe.
On Sept. 4, 2015, Crespin pled guilty to armed bank robbery, and admitted that on May 5, 2014, he robbed the First National Bank of Santa Fe while armed with an airsoft pistol, which he waved around and pointed towards bank tellers while he demanded money. Crespin was sentenced on April 26, 2016, to 13 years in prison followed by three years of supervised release.
This case was investigated by the Santa Fe office of the FBI and the Santa Fe Police Department. Assistant U.S. Attorneys David M. Walsh and Norman Cairns prosecuted the case.
Navajo Man from Arizona Pleads Guilty to Assaulting Federally Commissioned Tribal Officer in New MexicoRead the Press Release
ALBUQUERQUE – Michael Nakai, 33, an enrolled member of the Navajo Nation who resides in Red Rock, Ariz., pled guilty today in federal court in Albuquerque, N.M., to assaulting a federal officer.
Nakai was charged by criminal complaint in Oct. 2016, with assaulting a tribal police officer of the Navajo Nation Division of Public Safety who was commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. According to the complaint, Nakai assaulted the officer by kicking the officer in the face following a traffic stop. Nakai subsequently was indicted on Nov. 15, 2016, and was charged with assaulting a federal officer on Oct. 9, 2016, in San Juan County, N.M.
During today’s proceedings, Nakai pled guilty to the indictment. In entering the guilty plea, Nakai admitted that on Oct. 9, 2016, he assaulted a federal officer by kicking and striking the officer in the head while the officer was arresting him for driving under the influence of alcohol.
At sentencing, Nakai faces a maximum penalty of 20 years in federal prison. Nakai 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. Attorney Michael D. Murphy is prosecuting the case.
Non-Indian Man from Albuquerque Charged with Assaulting Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Vincent P. Luciani, 25, a non-Indian man from Albuquerque, with assaulting a federal officer. Luciani was released pending trial under pretrial supervision and other conditions of release, including the condition that he reside in a halfway house.
Luciani was arrested on July 3, 2017, and was charged by criminal complaint with assaulting an officer of the Pueblo of Laguna Tribal Police Department, who is commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. According to the complaint, Luciani allegedly assaulted the officer by threatening the officer with a firearm following a routine traffic stop. Luciani allegedly committed the offense on June 30, 2017, on Laguna Pueblo in Cibola County, N.M.
If convicted of the charge in the complaint, Luciani faces a maximum penalty of eight years in federal prison. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Pueblo of Laguna Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Albuquerque Felon Sentenced to Federal Prison for Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Jesse Chavez, 34, of Albuquerque, N.M., was sentenced today in federal court to 46 months in prison followed by three years of supervised release for violating the federal firearms laws by unlawfully possessing a firearm and ammunition.
Chavez was charged by criminal complaint on May 27, 2016, with being a felon in possession of a firearm and ammunition on May 4, 2016, in Bernalillo County, N.M. According to the criminal complaint, officers of the Bernalillo County Sheriff’s Office executed an arrest warrant on Chavez on May 4, 2016. During a search incident to arrest, the officers seized a loaded firearm from Chavez.
Chavez subsequently was indicted on June 14, 2016, and charged with being a felon in possession of a firearm and ammunition. At the time, Chavez was prohibited from possessing firearms or ammunition because he previously had been convicted of first-degree murder in 2000. On Jan. 13, 2017, Chavez pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney George C. Kraehe prosecuted the case.
Seven More Sentenced and Two More Plead Guilty to Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 61 of the 104 defendants charged as the result of this investigation have entered guilty pleas and 26 of them have been sentenced. The following seven defendants were sentenced in federal court in Albuquerque, N.M., this week:
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Maria Citlaly Beltran-Ahumada, 37, a Mexican national illegally residing in Albuquerque was sentenced on June 26, 2017, on an illegal reentry charge to a term of time-served and is pending deportation;
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Julian Brown, 22, was sentenced on June 27, 2017, to 30 months in prison followed by three years of supervised release for possessing an unregistered firearm;
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Francisco Garcia, 20, was sentenced on June 27, 2017, to 60 months in prison followed by five years of supervised release for possessing a firearm in furtherance of a drug trafficking crime;
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Inkosi Grandberry, 35, was sentenced on June 28, 2017, to 60 months in prison followed by five years of supervised release for possessing a firearm in furtherance of a drug trafficking crime;
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Angelica Marie Santiesteban, 40, was sentenced on June 28, 2017, to 63 months in prison followed by five years of supervised release for distributing methamphetamine;
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Johnny Flores, 23, was sentenced on June 28, 2017, to 24 months in prison followed by three years of supervised release for distributing methamphetamine; and
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Manuel Boydston, 36, was sentenced yesterday to 60 months in prison followed by four years of supervised release for distributing methamphetamine.
In addition, Keith Thompson, 48, pled guilty yesterday and his co-defendant Matthew Sandoval, 38, pled guilty today to heroin trafficking charges. Thompson’s plea agreement recommends a sentence of 70 months in prison, and Sandoval’s plea agreement recommends a maximum sentence of 84 months in prison.
These nine defendants were amongst the 104 who were charged as the result of the investigation that began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
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.
Beltran-Ahumada’s co-defendants Guajira Maya Lovato, 44, Janet Bowman, 40, Anthony Barela, 34, and Juan Jose Rivas, 32, were charged by indictment on July 28, 2016, with distributing methamphetamine. The indictment was superseded on Aug. 9, 2016, to add Beltran-Ahumada as a defendant and an additional conspiracy charge. The superseding indictment charged the five defendants with conspiring to distribute methamphetamine from June 21, 2016 through Aug. 9, 2016, and distributing methamphetamine on June 22, 2016. Beltran-Ahumada pled guilty on June 9, 2017, to an information charging her with illegal reentry of a removed alien, and admitted that she was found to be illegally in Bernalillo County on Aug. 9, 2016, after being deported from the United States on Nov. 8, 2003.
Brown was arrested on Aug. 10, 2016, on an indictment charging him with distributing heroin and possessing a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR). According to the indictment, committed the offenses on July 11, 2016, in Bernalillo County. On Feb. 1, 2017, pled guilty to Count 2 of the indictment charging him with possessing an unregistered firearm. In entering the guilty plea, admitted that on July 11, 2016, he possessed and sold a weapon made from a shotgun not registered to him in the NFRTR.
Garcia was arrested on July 8, 2016, and was charged by indictment with firearms and drug trafficking offenses. The indictment was subsequently superseded on July 28, 2016, and charged Garcia with distributing methamphetamine on May 10, 2016 and May 12, 2016, and using and carrying a firearm in relation to a drug trafficking crime. On Jan. 6, 2017, Garcia pled guilty to using and carrying a firearm in relation to a drug trafficking crime, and admitted that on May 12, 2016, he possessed a firearm during the sale of methamphetamine to an undercover law enforcement agent. Garcia further admitted carrying the firearm for protection and to assist him in his drug trafficking crimes.
Grandberry was arrested on July 6, 2016, on a six-count indictment charging him with distributing heroin on April 28, 2016 and April 29, 2016; being a felon in possession of firearms and ammunition on April 28, 2016, May 4, 2016 and May 12, 2016; and possessing a firearm in relation to a drug trafficking crime on April 28, 2016. According to the indictment, Grandberry was prohibited from possessing firearms or ammunition because of a previous felony conviction for possession of a controlled substance. On Nov. 2, 2016, Grandberry pled guilty to Count 3 of the indictment charging him with possessing and carrying a firearm in relation to a drug trafficking crime, and admitted that on April 28, 2016, he was in possession of a pistol loaded
with ammunition while conducting a heroin transaction.
Santiesteban and co-defendant Noe Urias, 36, were charged in a four-count indictment filed on June 30, 2016, with methamphetamine trafficking offenses. The indictment was superseded on July 28, 2016, to add Patrick Zamora, 22, and another methamphetamine trafficking charge. The superseding indictment charged the three defendants with conspiracy to distribute methamphetamine from May 2, 2016 through June 20, 2016, and distributing methamphetamine on June 20, 2016; Urias and Santiesteban with distributing methamphetamine on May 2, 2016 and May 19, 2016; and Urias with distributing methamphetamine on May 18, 2016. According to the superseding indictment, the defendants committed offenses in Bernalillo County. On Dec. 8, 2016, Santiesteban pled guilty to Count 5 of the superseding indictment charging her with distributing methamphetamine and admitted that on June 20, 2016, she sold approximately 116.8 grams of methamphetamine in exchange for money.
Flores and his co-defendant Josue Duarte, 31, were charged in a four-count indictment filed on Aug. 9, 2016, with conspiracy to distribute methamphetamine from July 18, 2016 through July 26, 2016, and distribution of methamphetamine on July 22, 2016; Flores with distribution of methamphetamine on July 18, 2016; and Duarte with distribution of methamphetamine on July 26, 2016. On Dec. 6, 2016, Flores pled guilty a felony information charging him with distributing methamphetamine, and admitted that on July 18, 2016, he acted as a medium to facilitate a methamphetamine transaction in exchange for money.
Boydston and his co-defendant Thomas Montoya, 40, were charged in a three-count indictment filed on June 30, 2016. The indictment charged Montoya with distribution of methamphetamine on June 6, 2016, and Montoya and Boydston with conspiracy and distribution of methamphetamine on June 14, 2016. On Feb. 6, 2017, Boydston pled guilty to Count 3 of the indictment charging him with distributing methamphetamine, and admitted that on June 14, 2016, he sold approximately 118 grams of methamphetamine to an undercover law enforcement agent.
Thompson and Sandoval were arrested in July 2016, and charged in a two-count indictment with distributing heroin on May 9, 2016, and distributing methamphetamine on May 19, 2016. Thompson entered a guilty plea yesterday and Sandoval entered a guilty plea today to heroin trafficking charges. In entering their guilty pleas, Thompson and Sandoval both admitted that on May 9, 2016, they sold heroin to another individual. They remain in custody pending sentencing hearings, which have yet to be scheduled.
The remaining defendants have entered not guilty pleas. 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. Assistant U.S. Attorney Presiliano Torrez is prosecuting the cases against Beltran-Ahumada and Boydston; Assistant U.S. Attorney Edward Han prosecuted the cases against Brown and Santiesteban; Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case against Garcia; Assistant U.S. Attorneys David M. Walsh and Norman Cairns prosecuted the case against Grandberry; and Assistant U.S. Attorney Paul H. Spiers prosecuted the case against Flores. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case against Thompson and Sandoval.
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California Man Pleads Guilty to Violating Federal Firearms and Drug Trafficking Laws in New MexicoRead the Press Release
ALBUQUERQUE – Miguel Angel Arias, 26, of Oxnard, Calif., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms and drug trafficking laws.
Arias and co-defendant Marco Antonio Valero, 54, also of Oxnard, Calif., were arrested in Jan. 2017, and were charged by criminal complaint with methamphetamine trafficking and firearms offenses on Jan. 26, 2017, in Hidalgo County, N.M. According to the criminal complaint, Special Agents of Homeland Security Investigations (HSI) and officers of the Lordsburg Police Department arrested Arias and Valero finding eight bundles of methamphetamine weighing approximately 4.2 kilograms (9.26 pounds) and a firearm and ammunition in the defendants’ vehicle during a traffic stop in Lordsburg, N.M.
Arias and Valero were subsequently charged on April 19, 2017, in a five-count indictment with participating in a methamphetamine trafficking conspiracy between Jan. 21, 2017 and Jan. 27, 2017. The indictment also charged Arias with possessing methamphetamine with intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm and ammunition, and Valero with possessing methamphetamine with intent to distribute. At the time, Valero was prohibited from possessing firearms or ammunition because he previously had been convicted on a marijuana trafficking charge.
During today’s proceedings, Arias pled guilty to conspiracy, possession of methamphetamine with intent to distribute, and being a felon in possession of a firearm. In entering the guilty plea, Arias admitted that on Jan. 26, 2017, law enforcement officers found methamphetamine concealed in his vehicle when he was stopped for speeding and following too closely in Lordsburg. Arias further admitted possessing a handgun, which was located under the driver seat of his vehicle, despite the fact that he was prohibited from possessing firearms or ammunition because of his previous felony conviction.
Earlier this month, on June 7, 2017, Valero pled guilty to possessing methamphetamine with intent to distribute, and admitted possessing the methamphetamine that was concealed in the vehicle in which he was a passenger on Jan. 26, 2017.
At sentencing, Arias faces a statutory mandatory minimum penalty of ten years and a maximum penalty of life in federal prison, and Valero faces a maximum penalty of 20 years in federal prison. Both men remain in custody pending sentencing hearings, which have yet to be scheduled.
This case was investigated by Homeland Security Investigations and the Lordsburg Police Department, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Texas Man Charged with Transporting Woman to Sex Traffic Her in Hobbs, New MexicoRead the Press Release
ALBUQUERQUE – Markell Quashan Sweargin, 19, of Lubbock, Tex., made his initial appearance in federal court in Las Cruces, N.M., on a criminal complaint charging him with transporting a person in interstate commerce for the purpose of forcing the person to engage in a commercial sex act. Sweargin remains in federal custody pending a preliminary hearing and detention hearing, both of which have yet to be scheduled.
The criminal complaint alleges that on June 14, 2017, officers of the Hobbs Police Department arrested Sweargin on state charges after responding to a domestic disturbance call from a woman (victim) who alleged that Sweargin strangled and assaulted her during an altercation arising from her refusal to engage in a sexual act with another man for money.
According to the criminal complaint, Sweargin, the victim and another person traveled from Lubbock to a hotel in Hobbs, N.M. Once in the hotel room, Sweargin allegedly attempted to coerce the victim into having sex with other men for money, and became angry when the victim refused. The complaint further alleges that when Sweargin and the other person left the hotel room, a man came to the room with the expectation of having sex with the victim. When the victim refused to have sex with him, the man departed the room after telling the victim that he had come in response to an advertisement on a webpage known to advertise prostitution services. The complaint alleges that when Sweargin returned to the hotel room, he was very angry because the victim did not have sex with the man in return for money, began to hit the victim, and blocked the door to the hotel room to prevent the victim or the third person from leaving. When Sweargin stepped away from the door, the victim and third person fled.
If convicted of the charge in the criminal complaint, Sweargin faces a mandatory minimum penalty of 15 years and a maximum penalty of life in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the HSI and the Hobbs Police Department. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Member of Sunland Park Heroin Trafficking Ring Sentenced for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Carlos Diaz., 37, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., for his conviction on heroin trafficking charges resulting from a DEA-led investigation targeting a heroin trafficking ring operating out of Sunland Park, N.M. Diaz was sentenced to an 18-month term of imprisonment followed by three years of supervised release.
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 Jan. 24, 2017, Diaz pled guilty to Count 1 of the indictment charging him with conspiracy to possess heroin with intent to distribute. In entering the guilty plea, Diaz admitted that on May 13, 2016, he asked a male individual on the phone to obtain two ounces of heroin for Diaz from a source of supply in Mexico. Diaz further admitted that the male individual placed the order for heroin with the source of supply and a female courier smuggled the heroin across the border into the United States. Diaz then met the male individual and obtained the two ounces of heroin from him.
The following defendants previously entered guilty pleas in the case:
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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;
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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;
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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;
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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.
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Munoz pled guilty on March 1, 2017, and faces a sentence of 72 months in prison under the terms of his plea agreement;
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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; and
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Sandra Francis Guzman, 53, of El Paso, Texas, pled guilty on March 21, 2017, and faces a maximum sentence of 20 years under the terms of her 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.
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Prior Sex Offender from Albuquerque Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE –David Abrisz, 55, of Albuquerque, N.M., pled guilty this morning in federal court to child pornography charges. The guilty plea was entered under a plea agreement that recommends that Abrisz be sentenced to a 25-year term of imprisonment followed by up to a lifetime of supervised release. Abrisz, a previously convicted child sex offender, will be required to register as a sex offender after he completes his prison sentence.
Abrisz was arrested on Aug. 11, 2016, on a four-count indictment charging him one count of distributing child pornography and three counts of possessing child pornography. The indictment charged Abrisz with distributing child pornography from July 2013 through Dec. 2015, and possessing child pornography on two computers and a thumb drive from Aug. 2014 through Feb. 2016. According to the indictment, Abrisz committed the offenses in Bernalillo County, N.M.
During today’s proceedings, Abrisz pled guilty to Count 1 of the indictment charging him with distributing child pornography and Counts 2 through 4 of the indictment charging him possessing child pornography. In entering the guilty plea, Abrisz admitted committing the following criminal acts:
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Distributing approximately 80 child pornography files from July 2013 through Dec. 2015;
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Possessing a computer that contained approximately two video files and 880 image files of child pornography from Dec. 2014 through Feb. 2015;
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Possessing a second computer that contained approximately 145 image files of child pornography from Dec. 2014 through Feb. 2015; and
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Possessing a thumb drive that contained approximately 147 video files and one image file of child pornography from Aug. 2014 through Feb. 2015, Abrisz.
Court records reflect that Abrisz has seven prior convictions for sexual offenses including two convictions for attempted criminal sexual penetration of a child under the age of 13, and five convictions for criminal sexual contact of a child under the age of 13. Abrisz remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Bernalillo County Sheriff’s Office and the New Mexico Regional Computer Forensic Laboratory. Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Abrisz also is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
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Jicarilla Apache Man Sentenced to Prison for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Rode Lyle Enjady, 38, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for his conviction on an assault charge.
Enjady was arrested in Oct. 2016, on an indictment charging him with assault with a dangerous weapon, a knife, with intent to do bodily harm, assault with a dangerous weapon, a metal weight, with intent to do bodily harm, assault resulting in serious bodily injury, and assault of an intimate partner by strangling or suffocating. According to the indictment, Enjady committed the crimes between Feb. 11, 2016 and Feb. 17, 2016, on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
On Feb. 7, 2017, Enjady pled guilty to Count 3 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Enjady admitted that between Feb. 11, 2016 and Feb. 17, 2016, he physically abused his intimate partner, a Jicarilla Apache woman, by physically assaulting her. Enjady also admitted that he caused the victim to lose a tooth, suffer from bruising to the face, head, abdomen, back, pubic region, and legs as well as suffer from stab wounds to her legs.
This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Hobbs Man Facing Federal Drug Trafficking Charge Arising Out of Seizure of 13 Pounds of CocaineRead the Press Release
ALBUQUERQUE – This morning, a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Eric Angel Estrada, 31, of Hobbs, N.M., with a cocaine trafficking offense. Estrada was remanded into custody pending trial, which has yet to be scheduled.
Estrada was arrested on June 22, 2017, on a criminal complaint charging him with possessing approximately six kilograms (13.2 pounds) of cocaine in Otero County, N.M. According to the complaint, Estrada was arrested after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint on Highway 54, allegedly seized five bundles containing approximately six kilograms of cocaine from Estrada’s vehicle.
If convicted of the charge in the criminal complaint, Estrada faces a statutory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Alamogordo station of the U.S. Border Patrol and the Las Cruces office of Homeland Security Investigations. Special Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Colorado Man Sentenced in New Mexico for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Michael Pawletzki, 35, of Lakewood, Colo., was sentenced yesterday in federal court in Albuquerque, N.M., to 36 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Pawletzki will be required to register as a sex offender after completing his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Pawletzki was charged by indictment on Nov. 17, 2015, with violating SORNA by failing to update his sex offender registration. On July 1, 2016, Pawletzki pled guilty to a felony information charging him with failing to update his registration from Dec. 2014 through Nov. 2015, in Valencia County, N.M.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Albuquerque Man Pleads Guilty to Federal Heroin and Crack Trafficking ChargesRead the Press Release
ALBUQUERQUE – Christopher Garcia, 42, of Albuquerque, N.M., pled guilty on June 26, 2017, in federal court to drug trafficking charges. The plea agreement recommends that Garcia be sentenced to a term of imprisonment within the range of 180 to 240 months if the court determines that he is a career offender, and within the range of 120 to 150 months if the court determines that he is not.
Garcia was arrested on Dec. 3, 2015, on a four-count indictment charging him with drug trafficking offenses. The indictment was superseded on March 16, 2016, to include two additional charges. The superseding indictment charged Garcia with distributing heroin and crack cocaine on Aug. 7, 2015; distributing heroin on Aug. 11, 2015 and Sept. 10, 2015; possessing heroin with intent to distribute on Dec. 3, 2015; and distributing marijuana on Dec. 3, 2015. According to the superseding indictment, Garcia committed the offenses in Bernalillo County, N.M.
During the June 26, 2017, proceedings, Garcia pled guilty to three counts of distributing heroin, one count of distributing crack cocaine, and one count of possessing heroin with intent to distribute. In entering the guilty plea, Garcia admitted committing the following drug trafficking crimes:
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Selling approximately 49.6 grams of heroin and 23.96 grams of crack cocaine to an individual working with law enforcement on Aug. 7, 2015;
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Selling approximately 76.3 grams of heroin to an individual working with law enforcement on Aug. 11, 2015;
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Selling approximately 148.8 grams of heroin to an undercover law enforcement agent on Sept. 10, 2015; and
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Possessing approximately 200 grams of heroin at a relative’s house on Dec. 3, 2015, which he intended to distribute to others.
This case was investigated by the Albuquerque Division of the FBI, New Mexico Corrections Department, the Bernalillo County Sheriff’s Department and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. The case is being prosecuted by Assistant U.S. Attorneys in the U.S. Attorney’s Las Cruces Branch Office under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The 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.
The case also is being prosecuted 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.
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Albuquerque Man Pleads Guilty to Federal Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Randy K. Lovett, 34, of Albuquerque, N.M., pled guilty today in federal court to a bank robbery charge under a plea agreement with the U.S. Attorney’s Office.
Lovett was arrested in April 2017, on a criminal complaint charging him with robbing the Bank of America located at 7644 Jefferson St. NE, in Albuquerque, on April 19, 2017. According to the complaint, Lovett robbed the Bank of America by handing a bank teller a note in which he claimed to have a gun, demanded money, and informed the teller she had 30 seconds to comply. Lovett subsequently was indicted on May 9, 2017, on a bank robbery charge.
During today’s proceedings, Lovett pled guilty to the indictment. In his plea agreement, Lovett admitted presenting a demand note to a bank teller with a message that was intended to intimidate and threaten the teller into complying with his demand. The note stated that Lovett was armed and demanded cash in denominations of $50 and $100 bills.
At sentencing, Lovett faces a maximum penalty of 20 years in federal prison. Lovett 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 Albuquerque Police Department. Assistant U.S. Attorney Howard Thomas is prosecuting the case.
Oklahoma Man Sentenced to Prison for Federal Narcotics Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Ruben Fuentes, Jr., 38, of Oklahoma City, Okla., was sentenced today in federal court in Albuquerque, N.M., to 70 months in prison followed by three years of supervised release for his conviction on a methamphetamine trafficking charge. The conviction arose out of a seizure of more than 13 pounds of methamphetamine during a traffic stop.
Fuentes was arrested on March 22, 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute. The criminal complaint alleged that Fuentes committed the crime on March 10, 2016, in Quay County, N.M. According to the criminal complaint, New Mexico State Police (NMSP) officers found approximately 13.45 pounds of methamphetamine in Fuentes’ vehicle during a traffic stop on eastbound Interstate 40 near mile marker 327. Fuentes was subsequently indicted on the same charge on April 12, 2016.
On Sept. 28, 2016, Fuentes pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Fuentes admitted that on March 10, 2016, when he was stopped by the NMSP in Quay County, he was in possession of methamphetamine which he intended to distribute to others.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the NMSP. Assistant U.S. Attorney Letitia C. Simms prosecuted the case.
Mexican National Arrested in New Mexico Following DEA Seizure of Nearly Five-Pounds of MethamphetamineRead the Press Release
ALBUQUERQUE – Ricardo Garcia-Solis, 29, a Mexican national illegally in the United States, made his initial appearance this morning in federal court in Albuquerque, N.M., on a methamphetamine trafficking charge. Garcia-Solis remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow.
Garcia-Solis is charged in a criminal complaint with possession of methamphetamine with intent to distribute following his arrest on June 24, 2017, at the Greyhound Bus Station in Albuquerque. The DEA arrested Garcia-Solis after agents allegedly found approximately 2.2 kilograms (4.85 pounds) of methamphetamine in his baggage during a consensual search.
If convicted on the charge in the criminal complaint, Garcia-Solis faces a statutory mandatory minimum penalty of ten years to a maximum of life in prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Howard R. Thomas.
Albuquerque Felon Sentenced to Seven Years for Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Steve Frank Candelaria, 42, of Albuquerque, N.M., was sentenced today in federal court to 84 months in prison for violating the federal firearms laws by unlawfully possessing a firearm and ammunition. Candelaria will be on supervised release for three years after completing his prison sentence.
Candelaria was arrested on March 29, 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Nov. 2, 2015, in Bernalillo County, N.M. According to the indictment, Candelaria was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses, including aggravated assault with a deadly weapon, possession of a controlled substance, trafficking a controlled substance, possession of cocaine with intent to distribute, and possession of cocaine.
On March 28, 2017, Candelaria pled guilty to the indictment and admitted that on Nov. 2, 2015, he possessed a firearm and ammunition despite his status as convicted felon.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney George C. Kraehe prosecuted the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Jason Loera Sentenced to 97 Months for Conviction on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division announced that Jason Loera was sentenced this afternoon in federal court for his conviction on a child pornography charge. Loera, 48, a former political consultant and resident of Albuquerque, N.M., who recently resided in Los Angeles, Calif., until his remand into federal custody in Oct. 2016, was sentenced to 97 months in prison followed by ten years of supervised release for receiving a visual depiction of a minor engaged in sexually explicit conduct. Loera will be required to register as a sex offender after he completes his prison sentence.
The FBI arrested Loera in Los Angeles in June 2013, on an indictment filed in the U.S. District Court for the District of New Mexico. The indictment charged Loera with two counts of receiving child pornography and one count of possessing child pornography. According to the indictment, Loera committed these offenses in in Bernalillo County, N.M.
The indictment against Loera subsequently was superseded twice, most recently on March 8, 2016. The six-count second superseding indictment charged Loera with three counts of receiving child pornography and three counts of possessing child pornography. It alleged that Loera received child pornography on three occasions between March 31, 2010 and April 15, 2010, and that he possessed child pornography on a laptop computer and two CDs on Nov. 20, 2012.
“This case is another example of the law enforcement community’s commitment to identifying, locating and prosecuting predators who exploit children,” said Acting U.S. Attorney James D. Tierney. “Prosecuting those who possess child pornography is crucial to destabilizing this black market and undermining the normalization of child sexual abuse.”
“The FBI is committed to fighting the sexual exploitation of children,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “A key part of that effort is the New Mexico Regional Computer Forensic Laboratory, which brings together highly trained FBI and task force officers to track down digital clues. We will continue to work with our partners to uncover those who engage in child pornography and make sure they are no longer able to victimize innocent children.”
On April 22, 2016, Loera entered a guilty plea to Count 3 of the second superseding indictment charging him with receiving child pornography on April 15, 2010. In his plea agreement, Loera admitted using his laptop computer to download from the internet an electronic file that he knew contained child pornography. The file contained 45 images of a prepubescent girl, many of which showed the girl engaged in sexually explicit conduct. Loera also admitted that when the FBI searched his residence on Nov. 20, 2012, he knowingly possessed child pornography on his laptop computer and two CDs. Loera admitted that he had more than 600 images of child pornography, some of which depicted violence.
The case was investigated by the Albuquerque Division of the FBI and the New Mexico Regional Computer Forensic Laboratory. Assistant U.S. Attorney Kristopher N. Houghton prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Albuquerque Man Sentenced to 120 Years for Producing and Distributing Child Pornography Depicting Two ToddlersRead the Press Release
ALBUQUERQUE – Yesterday afternoon, U.S. District Judge William P. Johnson imposed sentence on Michael Dameon Blackburn, 31, of Albuquerque, N.M., for his conviction for producing, distributing, receiving and possessing child pornography depicting two toddlers. Judge Johnson sentenced Blackburn to 120 years of imprisonment to be followed by a lifetime of supervised release, and ordered Blackburn to register as a sex offender. The Judge also ordered Blackburn to pay $430,800.00 in restitution to the two children who were victims of his criminal conduct.
Blackburn’s sentence was announced Acting U.S. Attorney James D. Tierney, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., Bernalillo County Sheriff Manuel Gonzales, III, and Albuquerque Police Chief Gorden Eden, Jr.
In announcing the sentence, Acting U.S. Attorney Tierney said, “The U.S. Attorney’s Office has made it a priority to prosecute those who exploit young, vulnerable children. While there are never any winners in these cases, we hope that the knowledge that Blackburn will spend the rest of his life in prison where he can never harm them or any other child will bring a measure of solace to the two young children he so terribly exploited.”
“HSI will continue to work closely with its law enforcement partners, as it did in this case, to keep our children safe and our communities strong against these heinous crimes and criminals,” said HSI Special Agent in Charge Rodriguez. “This is our message to those who prey on children: we will find you, we will bring you to justice, and we will make you answer for your despicable crimes.”
“The Bernalillo County Sheriff’s Office is committed to collaborating with federal agencies to proactively investigate crimes against children, and that commitment is reaffirmed when, as in this case, we are able to rescue young victims from the sexual predators who exploit them,” said Bernalillo County Sheriff Gonzales. “Let this case serve as a warning to those who prey on children, we are dedicated to identifying you and holding you accountable for your repulsive crimes.”
“We must do the utmost to ensure those who prey on innocent children are punished to the full extent of the law. It is a privilege to work alongside our law enforcement partners and hold these worst of the worst criminals accountable,” said Albuquerque Police Chief Eden.
HSI special agents arrested Blackburn in Dec. 2013, on a criminal complaint charging him with producing and distributing visual depictions of minors engaged in sexually explicit conduct in Bernalillo County, N.M., between March 2013 and Dec. 2013. In Jan. 2014, a federal grand jury filed a five-count indictment charging Blackburn was distribution, receipt and possession of child pornography, and two counts of producing child pornography. The indictment alleged that Blackburn committed all five offenses in Bernalillo County between Jan. 2013 and Dec. 2013.
The investigation leading to the charges against Blackburn began on Nov. 15, 2013, when HSI in Albuquerque received information from the HSI Cyber Crimes Center about a pornographic image of a young child victim who might be in the Albuquerque area. HSI’s investigative efforts identified a residence in northeast Albuquerque as a possible location for the person who may have distributed the pornographic image of the young child victim.
Court filings indicate that on Dec. 17, 2013, law enforcement officers conducted a welfare check at the residence and made contact with Blackburn and two children – a girl and a boy, both two years of age – who were left in Blackburn’s care while their parents were out of town. The officers learned that Blackburn had been sexually molesting the toddlers from at least March 2013 through Dec. 2013, and taking photographs and making videos of the toddlers while he molested them. They also learned that Blackburn emailed the pornographic images and videos of the toddlers to others. The two young victims were immediately removed from the residence and put into protective custody.
Blackburn entered a guilty plea on March 14, 2016, to all five counts of the indictment. In his plea agreement, Blackburn admitted distributing a video of a female toddler being forced to perform a sexual act on an adult male. He also admitted receiving a video of a male toddler being forced to perform a sexual act with an adult male, and possessing a pornographic image of a female toddler. Blackburn also acknowledged producing pornographic images of a female toddler and a male toddler.
This case was investigated by the Albuquerque office of HSI, Bernalillo County Sheriff’s Office and the Albuquerque Police Department, all members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant U.S. Attorneys Marisa A. Ong and Shammara Henderson prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Man from Grants Pleads Guilty to a Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Moises Eufelio Martinez, Jr., 43, of Grants, N.M., pled guilty this morning in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Martinez was arrested in Jan. 2017, on a criminal complaint charging him with possessing methamphetamine with intent to distribute and possessing firearms in furtherance of a drug trafficking crime. The complaint alleged that Martinez committed the crimes on Dec. 19, 2016, in Lea County, N.M. According to the complaint, officers of the Lea County Drug Task Force seized approximately 901.5 gross grams of methamphetamine, drug paraphernalia, firearms and ammunition following the execution of search warrants on Martinez’s person and a hotel room.
During today’s proceedings, Martinez pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute. In entering the guilty plea, Martinez admitted that on Dec. 19, 2016, he was in possession two bags containing methamphetamine and a loaded handgun when he was searched by Lea County Drug Task Force officers. Martinez acknowledged that he intended to distribute the methamphetamine to others and that he was carrying the firearm to protect himself, the methamphetamine, and any money he received from the sale of the methamphetamine.
At sentencing, Martinez faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting 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 New Mexico 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 Felon Facing Federal Firearms Charges Arising Out of Burglary of Federal Firearms DealerRead the Press Release
ALBUQUERQUE – The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has filed a criminal complaint charging David Barber, 40, of Albuquerque, N.M., with federal firearms charges arising out of the burglary of an Albuquerque-based federal firearms dealer’s place of business.
The criminal complaint, which was filed yesterday, charges Barber with being a felon in possession of firearms and theft from a federal firearms dealer’s business inventory. The criminal complaint alleges that Barber committed the crimes in April 2017, in Bernalillo County, N.M. According to the criminal complaint, Barber and another man burglarized a federal firearms dealer’s business in the early hours of April 24, 2017, and stole 12 firearms. The business’s surveillance system video-recorded the burglary and law enforcement officers used the videotape of the burglary to identify Barber as one of the two alleged burglars. The criminal complaint alleges that in April 2017, Barber was prohibited from possessing firearms or ammunition due to his status as a convicted felon.
The criminal complaint alleges that on May 11, 2017, officers of the Albuquerque Police Department (APD) seized three of the 12 firearms stolen during the burglary when they executed a search warrant at an apartment in which Barber had been observed on several occasions. It also alleges that the officers found other evidence relating to the burglary when they executed a search warrant on a van allegedly used by Barber during the burglary.
APD officers arrested Barber on outstanding state warrants on June 20, 2017, following a high-speed vehicle chase through Albuquerque. Barber remains in state custody pending transfer to federal custody to face the charges in the criminal complaint.
If convicted, Barber faces a statutory maximum term of imprisonment of ten years on each of the two charges in the criminal complaint. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The ATF office in Albuquerque and APD investigated this case, which is being prosecuted by Special Assistant U.S. Attorney Timothy Trembley under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Las Cruces Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Kenneth Matthew Adame, 24, of Las Cruces, N.M., pled guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Adame and co-defendants Ricky Joe Garcia, 52, and Christopher Michael Sanchez, 24, both of Las Cruces, were arrested in April 2017, and were charged by criminal complaint with participating in a methamphetamine trafficking conspiracy on April 10, 2017, in Dona Ana County, N.M. According to the complaint, on that day, Adame, Garcia and Sanchez sold approximately 497.22 grams of methamphetamine to undercover law enforcement agents.
During today’s proceedings, Adame pled guilty to a felony information charging him with conspiracy to distribute methamphetamine and admitted that on April 10, 2017, he conspired with his co-defendants to distribute 497 grams of methamphetamine.
At sentencing, Adame faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. Adame remains in custody pending a sentencing hearing, which has yet to be scheduled.
Garcia and Sanchez remain in custody on the charges in the criminal complaint. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by Homeland Security Investigations’ Border Drug Task Force and is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office.