District of New Mexico
Press releases recorded for this federal judicial district.
Previously Deported Mexican National Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Juan Carlos Quezada-Lara, 31, a previously deported Mexican national illegally residing in Albuquerque, N.M., made his initial appearance today in federal court on a criminal complaint charging him with violating federal firearms laws. Quezada-Lara remains in custody pending a preliminary hearing and detention hearing, both of which are scheduled for tomorrow.
Quezada-Lara is charged in a criminal complaint with being a drug addict in possession of a firearm and being an illegal alien in possession of a firearm on June 19, 2017, in Bernalillo County, N.M. According to the complaint, Quezada-Lara allegedly participated in a methamphetamine transaction with an undercover FBI agent in a parking lot in Albuquerque. Following the alleged transaction, Quezada-Lara fled from the scene in a vehicle and allegedly struck an FBI task force officer with his vehicle while attempting to evade arrest.
The criminal complaint further alleges that law enforcement agents located two firearms and ammunition in Quezada-Lara’s residence. According to court documents, Quezada-Lara is a Mexican citizen who has been deported from the United States on three prior occasions and is allegedly addicted to methamphetamine.
If convicted of the charges in the criminal complaint, Quezada-Lara faces a maximum penalty of ten years in federal prison each of the firearms charges. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Members of the FBI’s Safe Streets Task Force including the New Mexico State Police, Bernalillo County Sheriff’s Office, Homeland Security Investigations and the New Mexico Corrections Department, assisted in the investigation. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.
One Albuquerque Resident Pleads Guilty and One More Sentenced on Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – One Albuquerque resident pled guilty and one was sentenced today in federal court in Albuquerque, N.M., for violating federal drug trafficking laws. Chere Juarez, 28, of Albuquerque, N.M., pled guilty today to a methamphetamine trafficking charge. Leo Lopez, 28, was sentenced to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Juarez and Lopez were charged as the result of an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation 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.
Juarez and her codefendant David Rayford, 25, were charged in a three-count indictment on June 30, 2016. Rayford and Juarez were charged with distribution of methamphetamine on June 7, 2016, and June 14, 2016, and Rayford was charged individually with being a felon in possession of a firearm on May 27, 2016. According to the indictment, the offenses took place in Bernalillo County.
During today’s proceedings, Juarez pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. In entering the guilty plea, Juarez admitted that on June 14, 2016, she sold approximately two ounces of methamphetamine to an undercover law enforcement agent. At sentencing, Juarez faces a maximum penalty of 20 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
Lopez’s codefendant Felix Ulibarri, 39, was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016. The indictment subsequently was superseded on Aug. 9, 2016, to add Lopez, Joseph Sena, 40, and Jennifer Padilla, 39. The superseding indictment charged Ulibarri and Padilla with participating in a conspiracy to distribute methamphetamine in July 2016; Lopez, Sena and Padilla with participating in a different conspiracy to distribute methamphetamine in July 2016; Ulibarri with distributing methamphetamine on July 11, 2016; and Sena with distributing methamphetamine on July 26, 2016. According to the indictment, the defendants committed the crimes in Bernalillo County.
On March 20, 2017, Lopez pled guilty to conspiring to distribute methamphetamine, and admitted that on July 26, 2016, he helped arrange a methamphetamine transaction between Sena, Padilla and himself.
To date, 55 of the 104 defendants have entered guilty pleas, including Sena, and 20 have been sentenced. The remaining defendants, including Rayford, Ulibarri and Padilla 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. The case against Juarez is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns. The case against Lopez is being prosecuted by Assistant U.S. Attorney Edward Han.
Georgia Man Pleads Guilty to Federal Drug Trafficking Charges in New Mexico Arising Out of Ten Pound Meth SeizureRead the Press Release
ALBUQUERQUE –Timothy Wayne McGahee, 22, of Flowery Branch, Ga., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
McGahee was arrested on Oct. 23, 2016, on a criminal complaint alleging that he possessed approximately 10.4 pounds of methamphetamine. According to the complaint, McGahee was arrested, after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint west of Alamogordo, N.M., seized the methamphetamine from McGahee’s vehicle.
McGahee was indicted on March 22, 2017, and charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute on Oct. 23, 2016, in Otero County, N.M.
During today’s proceedings, McGahee pled guilty to the indictment and admitted that on Oct. 23, 2016, U.S. Border Patrol Agents located methamphetamine concealed in a cooler in the trunk of McGahee’s vehicle at the Border Patrol checkpoint on High 54 in Otero County. McGahee further admitted that he intended to deliver the methamphetamine to other individuals within the United States in exchange for money.
At sentencing, McGahee faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA. Special Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Albuquerque Man Pleads Guilty to Aggravated Identity Theft ChargeRead the Press Release
ALBUQUERQUE – Kenneth Webb, 50, of Albuquerque, N.M., pled guilty today in federal court in Albuquerque, N.M., to an aggravated identity theft charge under a plea agreement with the U.S. Attorney’s Office.
Webb and his codefendants Amelia Cordova, 34, and Bridget Jessica Sanchez, 35, both of Albuquerque were charged in a five-count indictment filed on Oct. 25, 2016, with conspiracy to commit bank fraud, aggravated identity theft, and receipt of stolen mail. The indictment was superseded on April 26, 2017, and charged the three defendants with participating in a conspiracy to commit bank fraud from Jan. 2015 through Feb. 2016. The superseding indictment also charged each of the three defendants with committing aggravated identity theft on the following dates: Cordova on Feb. 13, 2016; Sanchez on Jan. 19, 2015; and Webb on June 2, 2015. It also charged Cordova and Sanchez with theft or receipt of stolen mail on July 20, 2015. According to the superseding indictment, the defendants committed the crimes in Bernalillo County, N.M.
During today’s proceedings, Webb pled guilty to an aggravated identity theft charge and admitted that he conspired with his codefendants to defraud financial institutions, including First Financial Credit Union, Kirtland Federal Credit Union, Sandia Laboratory Federal Credit Union, Bank of America and Bank of the West. He also admitted that in furtherance of that conspiracy, they possessed mail and other information, including bank account, debit card and credit card numbers belonging to others, that had been stolen from a post office, mail receptacle, or mail carrier. In entering the guilty plea, Webb further admitted that between June 2, 2015 and June 19, 2015, he possessed and used bank account information of other individuals. Webb also admitted that on July 20, 2015, he possessed counterfeit checks, counterfeit New Mexico state identification cards and other identification that belonged to other individuals.
On June 15, 2017, Cordova and Sanchez each pled guilty to similar charges. In their plea agreements, Cordova and Sanchez admitted to participating in the conspiracy along with Webb to defraud financial institutions, and using numbers for bank accounts, credit cards and debit cards found in stolen mail to make purchases, and forging signatures of others in making those purchases. Cordova and Sanchez also admitted using bank account numbers and bank routing numbers contained in stolen mail to make counterfeit personal checks, which they used to make purchases.
In entering her guilty plea, Cordova admitted that between Feb. 13 and 21, 2016, she used credit card number information from two different people to commit bank fraud.
In entering her guilty plea, Sanchez admitted that on Jan. 19, 2015 and between June 15 and 24, 2015, she used bank account information belonging to another person to commit bank fraud. Sanchez also admitted using credit card number information of another person on Feb. 10, 20, and 21, 2016.
At sentencing, Webb, Cordova and Sanchez each face a mandatory penalty of two years in federal prison and a fine up to $250,000 each. Cordova and Sanchez are currently scheduled for sentencing hearings on Sept. 13, 2017. A sentencing hearing for Webb has yet to be scheduled.
This case was investigated the U.S. Postal Service and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney George C. Kraehe.
Two Albuquerque Women Plead Guilty to Aggravated Identity Theft ChargesRead the Press Release
ALBUQUERQUE – Amelia Cordova, 34, and Bridget Jessica Sanchez, 35, both of Albuquerque, N.M., pled guilty today in federal court in Albuquerque, N.M., to aggravated identity theft charges.
Cordova, Sanchez and their co-defendant Kenneth Webb, 50, also of Albuquerque, were charged in a five-count indictment filed on Oct. 25, 2016, with conspiracy to commit bank fraud, aggravated identity theft, and receipt of stolen mail. The indictment was superseded on April 26, 2017, and charged the three defendants with participating in a conspiracy to commit bank fraud from Jan. 2015 through Feb. 2016. The superseding indictment also charged each of the three defendants with committing aggravated identity theft on the following dates: Cordova on Feb. 13, 2016; Sanchez on Jan. 19, 2015; and Webb on June 2, 2015. It also charged Cordova and Sanchez with theft or receipt of stolen mail on July 20, 2015. According to the superseding indictment, the defendants committed the crimes in Bernalillo County, N.M.
During today’s proceedings, Cordova and Sanchez each pled guilty to an aggravated identity theft charge under plea agreements with the U.S. Attorney’s Office. In their plea agreements, Cordova and Sanchez admitted that they conspired to defraud financial institutions, including First Financial Credit Union, Kirtland Federal Credit Union, Sandia Laboratory Federal Credit Union, Bank of America and Bank of the West. They also admitted that in furtherance of that conspiracy, they possessed mail and other information, including bank account, debit card and credit card numbers belonging to others, that had been stolen from a post office, mail receptacle, or mail carrier. Cordova and Sanchez admitted using the numbers for the bank accounts, credit cards and debit cards to make purchases, and forging signatures of others in making those purchases. Cordova and Sanchez also admitted using bank account numbers and bank routing numbers contained in the stolen mail to make counterfeit personal checks, which they used to make purchases.
In entering her guilty plea, Cordova admitted that between Feb. 13 and 21, 2016, she used credit card number information from two different people to commit bank fraud.
In entering her guilty plea, Sanchez admitted that on Jan. 19, 2015 and between June 15 and 24, 2015, she used bank account information belonging to another person to commit bank fraud. Sanchez also admitted using credit card number information of another person on Feb. 10, 20, and 21, 2016.
At sentencing, Cordova and Sanchez each face a mandatory penalty of two years in federal prison and a fine up to $250,000 each. Sentencing hearings have yet to be scheduled.
Webb has entered a not guilty plea to the charges against him. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated the U.S. Postal Service and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney George C. Kraehe.
Registered Nurse Formerly Employed by Hospice Care Provider Pleads Guilty to Federal Prescription Opioid Conspiracy ChargesRead the Press Release
ALBUQUERQUE – Desiree Ulibarri, 31, of Albuquerque, N.M., pled guilty today in federal court to federal prescription opioid conspiracy charges under a plea agreement that recommends that she be sentenced to a term of imprisonment not to exceed 57 months followed by a term of supervised release to be determined by the court. At the time Ulibarri committed the crimes to which she pleaded guilty, she was a registered nurse employed by an Albuquerque-area hospice care provider. The guilty plea was announced by Acting U.S. Attorney James D. Tierney and Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division.
In announcing the guilty plea, Acting U.S. Attorney Tierney said, “New Mexicans deserve competent health care from medical professionals whose sole focus is the best interest of their patients, not from drug traffickers who abuse their medical licenses to capitalize on their patients’ healthcare needs. Today’s guilty plea sends a message of deterrence to healthcare providers seeking to abuse their medical licenses for anything other than providing competent and professional medical care to their patients.”
“This investigation has shown the unfortunate reality that anyone – even those in well-paying, professional positions – can become involved in criminal activity,” said DEA Special Agent in Charge Glaspy. “And this guilty plea demonstrates that those who take that step will be held accountable.”
Ulibarri and co-defendant Annabel Debari, 36, also of Albuquerque, were charged in August 2016, in a two-count indictment with conspiracy to distribute oxycodone, and conspiracy to acquire and obtain oxycodone by fraud and deceit. According to the indictment, the two women committed the crimes in Bernalillo County, N.M., between April 2016 and July 2016.
The investigation of this case began on July 21, 2016, after Ulibarri’s employer, a hospice care provider, contacted DEA to report suspicions that Ulibarri was engaged in prescription pill diversion. The employer became suspicious because Ulibarri was documenting patients’ prescriptions in a way that made it difficult to reconcile the medications and because Ulibarri was picking up patients’ prescription pills at Federal Express instead of having the medication delivered to the patients.
On July 22, 2016, DEA agents seized 80 10-mg oxycodone pills from Ulibarri, which she obtained from packages she retrieved from Federal Express. When DEA agents conducted a consensual search of Ulibarri’s cellular phone, they allegedly found evidence that Ulibarri had been conspiring with a co-worker, who is also a registered nurse, to illegally distribute prescription pills since April 2016. Additionally, a review of records of missing packages revealed that at least 3,870 pills, an aggregate of 42,150 mgs of oxycodone, had been diverted during the course of the conspiracy.
During today’s proceedings, Ulibarri pled guilty to the indictment. In her plea agreement, Ulibarri admitted that she was a registered nurse in March 2016, when she was hired by a hospice care provider, and in April 2016, she began to abuse her position to divert prescription medications from their intended recipients. She acknowledged that she recommended oxycodone prescriptions for patients who did not need oxycodone with the intention of selling the pills to others. Ulibarri admitted arranging for a courier service to hold packages of oxycodone intended for patients for pickup instead of delivering the medication to the patients, and picking up the medication herself so she could divert the oxycodone for distribution and her own personal use. Ulibarri also admitted recommending that her employer hire Debari, who was also a registered nurse, so that Debari could assist her in diverting and distributing oxycodone pills in New Mexico.
Debari entered a guilty plea to similar charges on Dec. 9, 2016. In entering her guilty plea, Debari admitted that she personally diverted at least 750 10-milligram oxycodone pills in furtherance of Ulibarri’s diversion scheme. As part of that scheme, on June 7, 2016, Ulibarri called the courier service and pretended to be the intended recipient of the oxycodone pills, and requested that the courier service release the medication to Debari. Debari also admitted that on July 18, 2016, she helped Ulibarri conceal their diversion scheme from their employer by arranging for another person to call their employer and falsely claim to be an employee of the courier service who was reporting that the oxycodone pills had gone missing.
Debari faces a statutory maximum penalty of 20 years in federal prison. Sentencing hearings for Debari and Ulibarri have yet to be scheduled.
This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque. DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Assistant U.S. Attorneys Alexander M. Uballez and Kristopher N. Houghton are prosecuting the case pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Navajo Man from Shiprock Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Zachariah Nez, 19, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. The plea agreement recommends a prison sentence within the range of six to 11 years followed by a term of supervised release to be determined by the court.
Nez was arrested in Oct. 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Oct. 17, 2016. According to the complaint, Nez killed the victim by striking him with a rock.
Nez was indicted on Nov. 1, 2016, and charged with second-degree murder on Oct. 17, 2016, in San Juan County.
During today’s proceedings, Nez pled guilty to a felony information charging him with voluntary manslaughter. In entering the guilty plea, Nez admitted that on Oct. 17, 2016, he killed the victim by striking him several times with a rock. Nez 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 and is being prosecuted by Assistant U.S. Attorney Joseph M. Spindle.
Albuquerque Felon Sentenced to Prison for Unlawfully Possessing a FirearmRead the Press Release
ALBUQUERQUE –Joshua Metts, 36, of Albuquerque, N.M., was sentenced today in federal court to 51 months in prison followed by three years of supervised release for unlawfully possessing a firearm.
Metts was charged with violating the Hobbs Act and federal firearms laws in an indictment filed in April 2015. In June 2016, a superseding indictment was filed that charged Metts with violating the Hobbs Act on Sept. 12, 2014, by robbing a commercial business in Albuquerque, and with being a felon in possession of a firearm on Oct. 2, 2014. According to the indictment, Metts was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated fleeing of a law enforcement officer and trafficking a controlled substance.
Metts was arrested on the federal charges in June 2015, after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges later were dismissed in favor of federal prosecution. In July 2016, the court severed the Hobbs Act charge from the felon in possession charge for the purposes of trial.
A federal jury found Metts guilty of being a felon in possession of a firearm after a two-day trial on Oct. 12, 2016. The evidence at trial established that APD officers arrested Metts on an outstanding state warrant on Oct. 2, 2014. After arresting Metts, the officers found a firearm in Metts’ vehicle; the firearm was wedged between the driver’s door and the driver’s seat. After Metts was convicted on the felon in possession charge, the U.S. Attorney’s Office moved to dismiss the Hobbs Act charge.
The case was investigated by the Albuquerque office of ATF and APD with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec prosecuted the case.
Navajo Man from Farmington Pleads Guilty to Federal Voluntary Manslaughter and Firearms ChargesRead the Press Release
ALBUQUERQUE – Sage Andrew Yazzie, 21, an enrolled member of the Navajo Nation who resides in Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to voluntary manslaughter and firearms charges. Under the terms of his plea agreement, Yazzie will be sentenced within the range of 12 to 15 years in prison followed by a term of supervised release to be determined by the court.
Yazzie was arrested on March 10, 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Feb. 23, 2016. According to the criminal complaint, Yazzie entered a residence and shot the victim in the head with a firearm.
Yazzie was indicted on March 23, 2016, and charged with first degree murder and using and carrying a firearm in relation to a crime of violence. According to the indictment, Yazzie committed the offenses on Feb. 23, 2016, in San Juan County.
During today’s proceedings, Yazzie pled guilty to a felony information charging him with voluntary manslaughter and discharging a firearm during a crime of violence. In entering the guilty plea, Yazzie admitted that on Feb. 23, 2016, he entered a residence in Huerfano, N.M., and killed the victim during a sudden quarrel by shooting the victim with a handgun. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI, the Navajo Nation Division of Public Safety and the Farmington Police Department and is being prosecuted by Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Y. Ramirez.
Albuquerque Woman Sentenced for Harboring Escaped FelonRead the Press Release
ALBUQUERQUE – Colleen Calamia, 38, of Albuquerque, N.M., was sentenced today in federal court to 12 months and 21 days in prison, which she has already served, followed by three years of supervised release for harboring and concealing a federal fugitive. The sentence was announced by Acting U.S. Attorney James D. Tierney and U.S. Marshal Conrad E. Candelaria.
Calamia was arrested in May 2016, on a criminal complaint charging her with harboring her husband, Mario Montoya, 31, after he absconded from a halfway house in Albuquerque on May 20, 2016. Court records reflect that Montoya, who was under indictment for being a felon in possession of a firearm and theft of mail, was released from federal custody on an order requiring him to reside in an Albuquerque-area halfway house and to comply with other conditions. According to the complaint, Montoya violated the conditions of his release on May 20, 2016, by absconding from the halfway house and violating other release conditions. Montoya fled from the halfway house in a black sport utility vehicle.
On May 20, 2016, the court issued an emergency warrant authorizing Montoya’s arrest for violating his release conditions. According to the criminal complaint, on May 24, 2016, the U.S. Marshals Service (USMS) learned that Montoya was frequenting a residence located at 312 Western Skies (the residence) in Albuquerque. While conducting surveillance near the residence, USMS Deputies and Task Force officers allegedly observed Calamia driving a black Escalade that parked in front of the residence. They then observed Calamia and Montoya exit the vehicle and move objects from the vehicle and into the residence.
According to the complaint, Calamia then left the residence in the black Escalade and USMS Deputies executed a traffic stop on her vehicle. When the Deputies questioned Calamia about Montoya’s whereabouts, she told them that Montoya was alone in the residence. When a USMS arrest team attempted to serve the arrest warrant on Montoya, he fired upon the deputies, initiating an exchange of gunfire. After the arrest team was able to retreat to a safe location, a second team later entered the residence. The second team found Montoya in a closet; he had been struck in the exchange of gunfire and was dead.
Calamia was subsequently indicted on June 14, 2016, and charged with aiding and abetting an escape of a convicted felon on May 20, 2016, and concealing a person from arrest on May 24, 2016. On Nov. 7, 2016, Calamia pled guilty to aiding and abetting an escape and admitted that on May 20, 2016, she aided and abetted the escape of Montoya from an Albuquerque-area halfway house.
The USMS investigated this case, which was prosecuted by Assistant U.S. Attorney Jacob A. Wishard. Mr. Wishard was also prosecuting the case against Montoya, which was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Postal Inspection Service.
Navajo Woman from Albuquerque Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Kelly James, 34, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pled guilty today in federal court to a child abuse charge. Under the terms of the plea agreement, James will be sentenced to a term of probation to be determined by the court.
James was arrested in May 2017, on an indictment charging her with engaging in child abuse by operating a motor vehicle recklessly on Dec. 8, 2016, on the Isleta Pueblo in Valencia County, N.M.
During today’s proceedings, James entered a guilty plea to the indictment. In entering the guilty plea, James admitted that on Dec. 8, 2016, she operated a motor vehicle recklessly within the Isleta Pueblo while under the influence of alcohol. James further admitted that her actions endangered the health and wellbeing of the child who was a passenger in the vehicle. A sentencing hearing has yet to be scheduled.
This case was investigated by the Isleta Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Elisa C. Dimas.
Former Las Cruces Elementary School Janitor Sentenced to Eight Years for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – David Anaya Garcia, 33, of Las Cruces, N.M., was sentenced today in federal court to 96 months in prison followed by five years of supervised release for his conviction on a federal child pornography charge. Garcia will be required to register as a sex offender when he completes his prison sentence. At the time he committed the crime, Garcia was employed as a janitor in a Las Cruces elementary school.
Garcia was arrested in July 2015, on a criminal complaint charging him with distribution of child pornography and possession of child pornography. According to the complaint, Homeland Security Investigations (HSI) initiated the federal investigation leading to Garcia’s arrest in June 2015, after the New Mexico Office of the Attorney General reported that an investigation by the New Mexico Internet Crimes Against Children (ICAC) Task Force revealed that an IP Address subscribed to Garcia’s residential address was being used to download child pornography. The Las Cruces Police Department and HSI arrested Garcia and executed a federal search warrant at his residence on July 1, 2015.
Garcia was subsequently indicted on Sept. 16, 2015, and charged with distributing child pornography on March 26, 2015, receiving child pornography from March 2015 through April 2015, and possessing child pornography on July 1, 2015. The indictment alleged that Garcia committed the crimes in Doña Ana County, N.M.
On Feb. 8, 2016, Garcia pled guilty to receipt and distribution of child pornography and admitted that between March 12, 2015 and April 30, 2015, he distributed child pornography through file-sharing software that allowed others to download the images and videos he saved to a shared folder. Garcia further admitted that on July 2, 2015, agents from HSI executed a search warrant on his home where they seized an HP Pavilion laptop containing five images and 88 videos depicting child pornography and a thumb-drive containing 56 images and 55 videos depicting child pornography.
This case was investigated by the Las Cruces office of HSI, the Las Cruces Police Department, the New Mexico Office of the Attorney General, the New Mexico ICAC Task Force and the New Mexico Regional Computer Forensic Laboratory. The case was prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Michael Borrego, 25, of Albuquerque, N.M., was sentenced today in federal court to a year and a day in prison for violating the federal firearms laws by possessing an unregistered firearm. Borrego will be on supervised release for two years after completing his prison sentence.
Borrego and co-defendants Marcus Sowell, 19, Damon Giles, 23, Adrian Banks, 28, and Marcus Lewis, 27, were charged as the result of an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation 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.
Borrego and his co-defendants were charged in a 12-count indictment filed on June 30, 2016. The indictment charged the five defendants with committing the following crimes in Bernalillo County, N.M.:
-
Sowell, with possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR) and engaging in the business of dealing firearms without a license on May 19, 2016;
-
Giles, with being a felon in possession of a firearm on May 19, 2016;
-
Giles and Borrego, with engaging in the business of dealing firearms without a license on May 31, 2016;
-
Giles and Banks, with engaging in the business of dealing firearms without a license on June 7, 2016;
-
Banks, with being a felon in possession of firearms on June 7, 2016;
-
Borrego, with engaging in the business of dealing firearms without a license on June 7, 2016 and June 10, 2016;
-
Giles and Lewis, with distribution of cocaine on June 9, 2016;
-
Borrego, with possession of a firearm not registered to him in the NFRTR on June 10, 2016; and
-
Giles, with engaging in the business of dealing firearms without a license and being a felon in possession of firearms on June 13, 2016.
All five defendants have entered guilty pleas to charges in the indictment, including Borrego who pleaded guilty to Count 10 of the indictment, which charged him with possession of an unregistered firearm. Borrego is the last of the five defendants to be sentenced.
To date, 54 of the 104 defendants have entered guilty pleas and 19 have been sentenced. 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. This case was prosecuted by Acting U.S. Attorney James D. Tierney.
-
Albuquerque Man Sentenced to Prison for Robbing Pharmacy to Obtain Prescription DrugsRead the Press Release
ALBUQUERQUE – Matthew Romero, 41, of Albuquerque, N.M., was sentenced today in federal court to 37 months in prison for robbing a retail pharmacy to obtain prescription controlled substances. Romero will be on supervised release for three years following his prison sentence. The sentence was announced by Acting U.S. Attorney James D. Tierney, Will R. Glaspy, Special Agent in Charge of DEA’s El Paso Division, and Chief Gorden E. Eden of the Albuquerque Police Department.
Romero was arrested on Dec. 30, 2015, on a criminal complaint charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce and robbery involving controlled substances. The charges against Romero arose out of the armed robberies of the Walgreens Pharmacy located at 3501 Lomas Blvd. and the Walgreens Pharmacy located at 5201 Central Ave. in Albuquerque.
Romero was subsequently charged in a four-count indictment on Jan. 14, 2016, with two counts of violating the Hobbs Act and two counts of theft of medical products. The indictment alleges that Romero committed the crimes on Dec. 6, 2015 and Dec. 7, 2015, in Bernalillo County, N.M.
On Oct. 11, 2016, Romero pled guilty to the indictment. In his plea agreement, Romero admitted entering the Walgreens Pharmacy located at 3501 Lomas Blvd. NE, on Dec. 6, 2015, where gave a pharmacy employee a note demanding Xanax and Diazepam, and let the employee know that he was armed. Romero also admitted that on Dec. 7, 2015, he entered the Walgreens Pharmacy located at 5201 Central Ave., where he gave a pharmacy employee a note demanding Xanax, Diazepam, and Oxycodone, and let the employee know that he was armed. The plea agreement states that on Dec. 8, 2015, Romero again entered the Walgreens Pharmacy located at 3501 Lomas Blvd. NE, with a note demanding Xanax and Valium, and stating that Romero was armed, but Romero was arrested while he was waiting for the pharmacy to open.
According to the plea agreement, on Dec. 6, 2015, Romero stole 107 doses of 2 milligram Alprazolam and 346 doses of 10 milligram Diazepam, and on Dec. 7, 2015, Romero stole 873 doses of 2 milligram Alprazolam, 471 doses of 10 milligram Diazepam and nine doses of 5 milligram Oxycodone. At the time of his arrest on Dec. 8, 2015, officers recovered several bottles of Alprazolam from his backpack, and did not locate any firearms, ammunition or other weapons.
This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque and the Albuquerque Police Department. DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA. It created penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon. The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley 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 Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Richard J. Hall, 31, of Albuquerque, N.M., pled guilty today in federal court to a bank robbery charge.
Hall was arrested on April 6, 2017, on a criminal complaint charging him with robbing the Wells Fargo Bank located at 1800 Eubank Blvd. NE, in Albuquerque, on March 30, 2017. According to the complaint, Hall robbed the Wells Fargo Bank by handing a bank teller a note in which he threatened to hurt someone if the bank teller did not give Hall money. Hall subsequently was indicted on April 26, 2017, on a bank robbery charge.
During today’s proceedings, Hall pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Hall faces a maximum penalty of 20 years in federal prison. Hall remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Carlsbad Man Charged with Unlawfully Possessing Firearm While Being Subject to a Protective OrderRead 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 Joseph Torrez, 31, of Carlsbad, N.M., with violating federal firearms laws by unlawfully possessing a firearm while being subject to a protective order. Torrez remains in federal custody pending a detention hearing scheduled for June 14, 2017.
According to the criminal complaint, on Feb. 11, 2017, a fugitive investigator of the New Mexico Division of Adult Probation and Parole (NMDAPP) observed Torrez carry a gun case containing a rifle into a gun shop in Las Cruces, N.M. Based on that information, an officer of the NMDAPP obtained a state arrest warrant for Torrez, who was prohibited from possessing firearms as a condition of the probationary term he was serving as the result of a misdemeanor conviction for aggravated assault. On Feb. 13, 2017, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) assisted the NMDAPP in arresting Torrez and executing a probationary inspection at Torrez’s residence. During the search, the agents and officers allegedly seized a shotgun and multiple boxes of ammunition.
According to the criminal complaint, under federal law, Torrez is prohibited from possessing firearms or ammunition because he is subject to a protective order that is in effect until June 8, 2026. Torrez was arrested on the firearms charge in the criminal complaint on June 6, 2017, after he was transferred from state custody.
If convicted, Torrez faces a maximum penalty of ten years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case against Torrez was investigated by the Las Cruces office of ATF and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Jesus Parra, 30, 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
Parra was charged as the result of an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation 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.
Parra was charged in indictment filed on June 30, 2016, with distribution of methamphetamine on May 12, 2016, in Bernalillo County, N.M. During today’s proceedings, Parra pled guilty to an information charging him with distribution of methamphetamine and admitted that on May 12, 2016, he distributed methamphetamine to an undercover law enforcement agent. At sentencing, Parra faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 54 of the 104 defendants have entered guilty pleas and 18 have been sentenced. 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. This case is being prosecuted by Assistant U.S. Attorney Paul Spiers.
Rio Arriba County Woman Sentenced to Federal Prison for Attempted Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Ashley Herrera, 28, of Espanola, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 30 months in prison followed by three years of supervised release for her conviction on attempted bank robbery.
Herrera was arrested in July 2016, on a criminal complaint charging her with attempting to rob the Bank of America branch located at 4037 Rodeo Road in Santa Fe, N.M., on Aug. 12, 2015. Herrera subsequently was indicted on Aug. 23, 2016, and charged with attempted bank robbery.
On Feb. 21, 2017, Herrera pled guilty to the indictment. and admitted that on Aug. 12, 2015, she attempted to rob the bank by handing a bank teller a note in which she threatened to shoot if the bank teller did not give her money. Herrera acknowledged leaving the bank without obtaining any money. She was later arrested after one of her fingerprints was found on the demand note she handed the bank teller.
This case was investigated by the Albuquerque office of the FBI and the Santa Fe Police Department. Assistant U.S. Attorneys Shana B. Long and Peter J. Eicker prosecuted the case.
Albuquerque Man Sentenced to Prison for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Kevin Scott Gordon, 59, of Albuquerque, N.M., was sentenced today in federal court to 21 months in prison followed by five years of supervised release including a mandatory year in a residential reentry program for violating the Sex Offender Registration and Notification Act (SORNA). Gordon will be required to register as a sex offender when he completes 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.
Gordon was arrested in March 2016, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. According to the complaint, Gordon was convicted in May 1983, of rape, sexual deviate conduct, robbery and confinement, and was sentenced to 22 years in prison. In 1983, Gordon escaped from the Indiana State Reformatory, was apprehended in 1990, and remained in custody in Indiana until his release in May 2006.
According to court documents, Gordon was arrested for violating SORNA in Dec. 2007, in Colorado, and has a pattern of non-compliance with registration requirements. On Feb. 22, 2016, law enforcement officers in N.M., received information that Gordon was residing in Albuquerque and was not registered as a sex offender in New Mexico.
Gordon was subsequently indicted on March 23, 2016, and charged with violating SORNA by failing to update his sex offender registration between May 2015 and March 2016, in Bernalillo County, N.M.
On March 2, 2017, Gordon pled guilty to the indictment. In his plea agreement, Gordon admitted that he was convicted in Dec. 1982, of a criminal offense that required him to register under SORNA. Gordon further admitted that before May 15, 2015, he traveled from Colorado to New Mexico, and that he resided in New Mexico between May 2015 and March 2016, but failed to update his sex offender registration in New Mexico as required.
This case was investigated by the U.S. Marshals Service and the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Joseph Spindle.
Mexican National Sentenced to Ten Years for Conviction on Federal Firearms and Drug Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Victor Hernandez-Pena, 24, a Mexican national illegally in the United States, was sentenced today in federal court in Albuquerque, N.M., to 120 months in prison for violating federal firearms and drug trafficking laws. Hernandez-Pena will be deported after completing his prison sentence.
Hernandez-Pena was arrested on April 2, 2015, on a criminal complaint charging him with distribution of methamphetamine in Bernalillo County, N.M. According to the complaint, on March 24, 2015, Hernandez-Pena sold approximately 55 grams of methamphetamine to an individual working with law enforcement officers.
Hernandez-Pena was indicted on a methamphetamine distribution charge on April 28, 2015, and charged with distributing methamphetamine. The indictment was superseded twice, most recently on Oct. 25, 2016. The five-count second superseding indictment charged Hernandez-Pena with distributing methamphetamine on March 4, 2015 and March 24, 2015; possessing methamphetamine with intent to distribute on April 2, 2015; and being an illegal alien in possession of a firearm and ammunition on April 2, 2015 and Nov. 10, 2014. According to court documents, the Nov. 10, 2014, charge arose out of an incident during which Hernandez-Pena hit a woman with a firearm, which caused the firearm to discharge and injure the victim when the bullet grazed her head. According to the second superseding indictment, Hernandez-Pena committed the crimes in Bernalillo County.
On Nov. 11, 2016, Hernandez-Pena pled guilty to the second superseding indictment. In entering the guilty plea, Hernandez-Pena admitted selling methamphetamine to an individual he later learned was working with law enforcement authorities on two occasions in March 2015. More specifically, he admitted selling 2.65 grams of methamphetamine on March 4, 2015, and 51.7 grams of methamphetamine on March 24, 2015. Hernandez-Pena also admitted that on April 2, 2015, he possessed 208.2 grams of methamphetamine, which he intended to distribute to others. He also admitted that on April 2, 2015, he possessed a firearm and ammunition at that same residence. According to the plea agreement, on Nov. 10, 2014, Hernandez-Pena also possessed a handgun and ammunition while sitting in the parking lot of an Albuquerque-area restaurant.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Kristopher N. Houghton and Peter J. Eicker prosecuted the case.
Member of Mexican Drug Trafficking Organization Sentenced for Conviction on Drug Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Yolanda Rodriguez, 50, a U.S. citizen who formerly resided in Mexico, was sentenced yesterday in federal court in Las Cruces, N.M., to 15 months in prison followed by three years of supervised release for her conviction on drug trafficking and money laundering charges.
Rodriguez was convicted on multiple charges contained in a 45-count indictment that was filed in Oct. 2015. The indictment charged Rodriguez and 19 others with participating in a major drug trafficking organization (DTO) that imported large amounts of cocaine, marijuana and heroin from Mexico into the United States. The indictment alleged that members of the DTO distributed the cocaine, marijuana and heroin in Albuquerque and other places in the United States, and smuggled drug proceeds from the United States to Mexico. According to the indictment, the conspiracy operated in Doña Ana, Luna and Bernalillo Counties from Oct. 2014 through Oct. 2015.
The indictment was the result of an investigation by the DEA, FBI, IRS and U.S. Border Patrol that was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies and their local counterparts in a coordinated effort to disrupt and dismantle major drug trafficking organizations. During the investigation, federal agents seized and purchased 6.2 kilograms of cocaine, 2.9 kilograms of methamphetamine, 1039.9 kilograms of marijuana, and 351 grams of heroin. They also seized $267,030.00 in drug proceeds and other assets valued at approximately $153,000.00.
On Oct. 6, 2016, a federal jury returned a verdict finding Rodriguez and co-defendant Amado Acevedo-Gonzalez, 36, a Mexican national, guilty on drug trafficking offenses and money laundering charges after a four-day trial. The evidence at trial established that Rodriguez and Acevedo-Gonzalez were part of a Mexican DTO that imported cocaine and marijuana into the United States, and exported the drug proceeds back to Mexico. More specifically, the evidence established that Acevedo-Gonzalez, distributed marijuana for the DTO, and that Rodriguez was a courier who transported drugs and drug proceeds from Albuquerque to Mexico for the DTO.
During the trial, the jury learned about the ten-month investigation into the DTO during which court-authorized wiretaps were used to gather evidence that permitted federal agents to learn about shipments of cocaine and marijuana that were transported in tractor-trailers from Mexico to an auto body shop in Albuquerque. From the auto body shop, a member of the DTO coordinated with bosses in Mexico to distribute the drugs, and to collect drug proceeds and transport them back to Mexico. Federal agents testified about this pattern – drugs going north in tractor-trailers and drug proceeds going south – occurred numerous times. Based on their knowledge of this pattern, federal agents were able to seize more than $250,000 in drug proceeds from couriers and a tractor-trailer containing marijuana.
Of the 20 defendants charged in the indictment, 13 have been arrested, 11 have entered guilty pleas, two were convicted at trial and the remaining seven are fugitives. The following defendants have entered guilty pleas in this case:
-
Rene Amaya-Rivas, 28, a Mexican national who was residing in Odessa, Texas, pled guilty on April 27, 2016, to conspiracy, possession of cocaine with intent to distribute and money laundering charges.
-
Pablo Alberto Arana-Delgado, 35, a Mexican national who was residing in El Paso, Texas, pled guilty on June 8, 2016, to conspiracy and possession of cocaine and marijuana with intent to distribute charges, and was sentenced on Dec. 14, 2016, to 36 months in prison. He will be deported after completing his prison sentence.
-
Elier Gabriel Jaime-Castillo, 35, a Mexican national illegally present in the United States, pled guilty on Aug. 30, 2016, to conspiracy, money laundering, possession of marijuana with intent to distribute and use of a communication device to facilitate a drug trafficking crime charges, and was sentenced on June 2, 2017, to 46 months in prison. He will be deported after completing his prison sentence.
-
Acevedo-Gonzalez, was found guilty at trial on Oct. 6, 2016, of participating in the drug trafficking conspiracy, possession of marijuana with intent to distribute, and using a communication device to facilitate drug trafficking crimes, and was sentenced on June 2, 2017, to time served and will be deported.
-
Mauricio Ledezma, 23, of Albuquerque, N.M., pled guilty on Dec. 8, 2015, to misprision of a felony, and was sentenced on April 6, 2016, to 24 months of probation.
-
Cerbando Carbajal, 20, of Columbus, N.M., pled guilty on March 29, 2016, to conspiracy and money laundering charges, and was sentenced on Nov. 3, 2016, to time served.
-
Emilia Quezada, 31, a U.S. citizen who was residing in Chihuahua, Mexico, pled guilty on April 1, 2016, to conspiracy and money laundering charges, and was sentenced on Feb. 9, 2017, to 18 months in prison.
-
George A. Taylor, 55, of Deming, N.M., pled guilty on April 20, 2016, to conspiracy, possession of marijuana with intent to distribute and money laundering charges, and was sentenced on March 17, 2017, to 24 months in prison followed by three years of supervised release.
-
Grisel H. Majalca, 32 of Columbus, N.M., pled guilty on Aug. 3, 2016, to conspiracy, use of a communication device to facilitate a drug trafficking crime and money laundering charges, and was sentenced on Feb. 9, 2017, to 12 months in prison followed by three years of supervised release.
-
Leonardo Martinez-Olivas, 49, a Mexican national, pled guilty on May 11, 2016, to conspiracy and money laundering charges, and was sentenced on Nov. 1, 2016, to 12 months in prison. He will be deported after completing his prison sentenced.
-
Neftali Garcia-Torres, 20, a Mexican national, pled guilty on Sept. 14, 2016, to misprision of a felony, and was sentenced on June 1, 2017, to two years of probation.
-
Carlos Adrian Ortega-Acevedes, 25, a Mexican national pled guilty on March 3, 2017, to conspiracy and international money laundering charges.
The following defendants, all Mexican nationals, have yet to be arrested and are considered fugitives: Edgar Estopellan-Torres, Ignacio Villalobos-Salinas, 30, Angel Daniel Silva-Silva, 31, Rigoberto Estopellan-Torres, 35, Jesus Muñoz-Lechuga, 36, Emilio Delgado-Olivas, 43, and Jesus Gilberto Varela-Sanchez, 28. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces offices of the DEA, FBI, IRS and the U.S. Border Patrol. Assistant U.S. Attorneys Selesia L. Winston and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
-
Albuquerque Man Sentenced to Prison for Federal Armed Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Greg Miera, 51, of Albuquerque, N.M., was sentenced today in federal court to 78 months in prison followed by five years of supervised release for his armed bank robbery conviction.
Miera was arrested was arrested in March 2016, on a criminal complaint charging him and four co-defendants, Christian Herrera, 20, Isaiah Gallegos, 22, Christopher Gallegos, 33, and Martin Huertta, 44, all of Albuquerque, with bank robbery. According to the complaint, a source identified the defendants as the individuals involved in robbing the US Bank branch located at 5620 Wyoming Blvd. NE in Albuquerque, on March 30, 2016. Albuquerque Police Department (APD) officers conducted surveillance as a vehicle with four men pulled up to the US Bank on the afternoon of March 30, 2016. Three of the men remained in the vehicle while the fourth entered the bank, threatened to shoot the bank employees, and demanded that two bank tellers place cash into a plastic bag.
Huertta, Miera, Herrera, Isaiah Gallegos and Christopher Gallegos were indicted on April 27, 2016, and charged with bank robbery.
On Oct. 11, 2016, Miera entered a guilty plea to the indictment and admitted participating in the armed robbery of the U.S. Bank branch in Albuquerque on March 30, 2016.
Miera’s four co-defendants have entered guilty pleas and one has been sentenced. Huertta pled guilty on Sept. 9, 2016 and was sentenced on March 14, 2017 to 108 months in prison followed by five years of supervised release. Isaiah Gallegos entered a guilty plea on April 25, 2017, Christopher Gallegos entered a guilty plea on Feb. 13, 2017, and Herrera entered a guilty plea on Feb. 24, 2017. At sentencing, Isaiah Gallegos, Herrera, and Christopher Gallegos each face a statutory maximum penalty of 25 years in federal prison. They remain in custody pending sentencing hearings.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.
Albuquerque Felon Sentenced to 100 Months in Federal Prison for Unlawfully Possessing a Firearm and Robbing Albuquerque-Area Convenience StoresRead the Press Release
ALBUQUERQUE – Oscar Anchondo, 40, of Albuquerque, N.M., was sentenced yesterday in federal court to 100 months in prison for his conviction on charges of being a felon in possession of a firearm and the armed robbery of two Albuquerque-area convenience stores that were engaged in interstate commerce. Anchondo will be on supervised release for three years after completing his prison sentence.
Anchondo was arrested in Oct. 2015, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Oct. 6, 2015, in Sandoval County, N.M. According to the criminal complaint, on Oct. 6, 2015, a resident of the Town of Bernalillo called the Bernalillo Police Department to report a stolen vehicle. The victim reported that Anchondo stole the vehicle after threatening to kill her, and that Anchondo was armed when he made the threat. Officers responded to the call and located the vehicle parked in the driveway of another residence in Bernalillo. In response to an inquiry from the officers, an occupant of the residence said that Anchondo was in the residence.
Anchondo was subsequently indicted on the same charge on Dec. 17, 2015. According to court records, on Oct. 6, 2015, Anchondo was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in state court: armed robbery with a deadly weapon, attempted robbery with a deadly weapon, and being a felon in possession of a firearm.
On Sept. 6, 2016, Anchondo entered a guilty plea to the indictment charging him with being a felon in possession of a firearm and to a felony information charging him with two counts of violating the Hobbs Act. In entering the guilty plea, Anchondo admitted the following criminal conduct:
-
On Sept. 29, 2015, Anchondo entered the Giant convenience store located at 6100 San Mateo Blvd. NE in Albuquerque, threatened the store employees with a firearm, demanded money, and robbed the employee of cash.
-
On Sept. 29, 2015, Anchondo entered the 7-Eleven convenience store located at 1801 San Pedro Dr. NE in Albuquerque, threatened the store employees with a firearm, demanded money, and robbed the employee of cash.
-
On Oct. 6, 2015, Anchondo was in possession of a firearm during a standoff with police who were attempting to arrest him for the offense charged in the criminal complaint, and that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the ATF office in Albuquerque and the Bernalillo Police Department with assistance from the Albuquerque Police Department and the Rio Rancho Police Department. It is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley 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.
-
Zuni Pueblo Man Sentenced to Federal Prison for Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Kirk Simplicio, 24, a member and resident of Zuni Pueblo, N.M., was sentenced today in federal court in Santa Fe, N.M., to 16 months in prison followed by five years of supervised release for his conviction on a sexual abuse of a minor charge. Simplicio will be required to register as a sex offender after he completes his prison sentence.
Simplicio was arrested on March 17, 2015, on an indictment charging him with sexually abusing a minor who was between 12 and 16 years of age. According to the indictment, Simplicio committed the crime on Jan. 1, 2014, on Zuni Pueblo in McKinley County, N.M.
On May 26, 2016, Simplicio pled guilty to the indictment and admitted engaging in a sexual act with the victim, who was 14 years old and at least four years younger than Simplicio.
This case was investigated by the Zuni Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Roswell Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Isaac Joshua Salas, 25, of Roswell, N.M., was sentenced yesterday afternoon in Las Cruces, N.M., to 41 months in prison followed by three years of supervised release for violating the federal firearms laws.
Salas was arrested on Nov. 13, 2015, on a criminal complaint charging him with possession of a firearm silencer not registered to him in the National Firearms Registration and Transfer Record (NFRTR) on Nov. 12, 2015, in Chaves County, N.M. According to the complaint, law enforcement officers found several firearms, ammunition, silencers, pre-cursors for homemade explosives, chemicals and books on how to make bombs while executing a search warrant at Salas’ residence. A subsequent search of the NFRTR determined that Salas did not have any weapons registered to him in the NFRTR.
On April 20, 2016, Salas pled guilty to a felony information charging him with possession of an unregistered firearm or destructive device without the benefit of a plea agreement. In entering the guilty plea, Salas admitted possessing an unregistered pipe bomb. Court documents indicate that several firearms, ammunition, magazines, pressure cookers, detonation cord, ammonium nitrate and numerous items that could be used to make explosive devices were found in Salas’ bedroom together with books on how to make weapons.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Navajo Man from Red Mesa, Utah, Pleads Guilty to Federal Involuntary Manslaughter Charge in New MexicoRead the Press Release
ALBUQUERQUE – Lelander Mays, 31, an enrolled member of the Navajo Nation who resides in Red Mesa, Utah, pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.
Mays was arrested in Dec. 2016, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Mays killed a man when Mays crashed his vehicle on Dec. 6, 2016, on the Navajo Indian Reservation in San Juan County, N.M. At the time of the crash, Mays was driving under the influence of alcohol and the victim, who was a passenger in Mays’ vehicle, was thrown from the vehicle.
Mays was subsequently indicted on Dec. 20, 2016, and charged with involuntary manslaughter.
During today’s proceedings, Mays pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Mays faces a maximum penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI, the Navajo Nation Division of Public Safety and the New Mexico State Police. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
Las Cruces Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Joshua Nestle, 26, of Las Cruces, N.M., pled guilty today in federal court to methamphetamine trafficking charges. Under the terms of his plea agreement, Nestle will be sentenced to 140 months in prison followed by a term of supervised release to be determined by the court.
Nestle and co-defendant Joclyn Telles, 35, also of Las Cruces, were arrested in Feb. 2017, and charged by criminal complaint with conspiracy and possession of a controlled substance with intent to distribute. The complaint also charged Nestle with being a felon in possession of a firearm and with using and carrying a firearm in relation to a drug trafficking crime. The criminal complaint alleged that the defendants committed the crimes on June 29, 2016, in Dona Ana County, N.M. According to the complaint, law enforcement officers arrested Nestle and Telles on outstanding arrest warrants following a traffic stop. During a search incident to the arrests, the officers found approximately 2.6 ounces of methamphetamine and a firearm in Telles’ vehicle.
During today’s proceedings, Nestle pled guilty to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering the guilty plea, Nestle admitted that on June 29, 2016, he conspired with others to violate the federal drug trafficking laws. He also admitted possessing the 2.6 ounces of methamphetamine found in his vehicle and acknowledged that he intended to distribute the drugs to others. Nestle further admitted that on March 9, 2017, he possessed a controlled substance while he was incarcerated at the Dona Ana County Detention Center. Nestle remains in custody pending a sentencing hearing, which has yet to be scheduled.
Telles remains 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 the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Navajo Woman from Shiprock Sentenced to Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Cornelia Tom Tapaha, 41, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in Santa Fe, N.M., to 24 months in prison followed by two years of supervised release for her conviction on an assault charge.
Tapaha was arrested in June 2016, on an indictment charging her with assault with a dangerous weapon, a vehicle, and assault resulting in serious bodily injury. The indictment alleged that Tapaha committed the crimes on July 8, 2015, on the Navajo Indian Reservation in San Juan County, N.M.
A federal jury returned a verdict finding Tapaha guilty of assault and assault resulting in serious bodily injury on Dec. 12, 2016, after a five day.
The evidence at trial established that on the evening of July 8, 2016, Tapaha, the victim and another individual consumed alcohol while driving on the Navajo Indian Reservation. While Tapaha was driving and the victim was in the front passenger seat, Tapaha and the victim began arguing. Eventually Tapaha pulled over, and the victim and the other individual got out of the vehicle and began walking away. Tapaha remained in the vehicle and proceeded to run over the victim. As a result of this assault, the victim’s ribs, collar bone and ankle were broken and required surgical repair. The victim also suffered multiple lacerations requiring stitches.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Department of Public Safety. Assistant U.S. Attorneys Joseph Spindle and Novaline D. Wilson prosecuted the case.
Navajo Man from Gallup Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Jonathan Dan Clyde, 36, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced today in federal court in Albuquerque, N.M., to six months in prison followed by three years of supervised release for his assault conviction.
Clyde was arrested in Feb. 2017, on a criminal complaint charging him with assault resulting in serious bodily injury on Jan. 21, 2017, on the Navajo Indian Reservation in McKinley County, N.M. According to the complaint, Clyde assaulted a Navajo woman by pushing her to the floor, kicking and punching her in the face, slamming her face into the floor, choking her, and kicking her left arm. The victim suffered serious injuries that required her to be transferred to the hospital in a medevac airplane.
On March 3, 2017, Clyde pled guilty to an information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Clyde admitted that on Jan. 21, 2017, he assaulted the victim by striking and beating her face and body after an argument. Clyde further admitted that the assault resulted in serious bodily injury.
This case was investigated by the Crownpoint office of the Navajo Nation Department of Public Safety and was prosecuted by Special Assistant U.S. Attorney Lucy B. Solimon. The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Laguna Pueblo Man Pleads Guilty to Assault by Strangulation ChargeRead the Press Release
ALBUQUERQUE – Robert T. Maestas, 25, an enrolled member of the Laguna Pueblo who resides in Pagueate, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault by strangulation charge.
Maestas was arrested on March 17, 2017, on a criminal complaint charging him with domestic assault by a habitual offender and assault of an intimate partner by strangulation. According to the complaint, on Feb. 10, 2017, in the Laguna Pueblo within Cibola County, N.M., Maestas assaulted the victim, a Laguna Pueblo woman, by holding her neck against a car door with his forearm prohibiting her from breathing, and by striking her on the chest and shoulder.
Maestas was indicted on March 28, 2017, and charged with domestic assault by a habitual offender and assault of an intimate partner by strangulation or suffocating. According to the indictment, Maestas was previously convicted in the Laguna Tribal Court of domestic violence in Dec. 2011 and Jan. 2012.
During today’s proceedings, Maestas pled guilty to Count 2 of the indictment charging him with assault of an intimate partner by strangulation. In entering the guilty plea, Maestas admitted that on Feb. 10, 2017, he brandished a shotgun at the victim and assaulted the victim by grabbing her throat with his hand and applying pressure to cause pain, striking her rib and chest area, and using his forearm to apply pressure to her neck prohibiting her from breathing. Maestas further admitted that the victim suffered physical pain as well as bruising and marks to her forearms, neck, chest and shoulder as the result of the assault.
At sentencing, Maestas faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department. Special Assistant U.S. Attorney Lucy B. Solimon is prosecuting the case pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
California Man Sentenced to Prison for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Jesus Omar Morales-Anguiano, 35, of Hesperia, Calif., was sentenced today in Albuquerque, N.M., to 60 months in prison followed by four years of supervised release for his narcotics trafficking conviction.
Morales-Anguiano was arrested in July 2015, after law enforcement officers found approximately 394.09 grams (.86 pounds) of heroin, 29.66 grams (.06 pounds) of cocaine and 28.46 grams (.06 pounds) of methamphetamine in his vehicle during a traffic stop. According to the criminal complaint, Maestas agreed to have a narcotics canine inspect his vehicle, and after the canine alerted to the presence of drugs, the officers located the wrapped packages concealed in the vehicle’s stereo unit.
Morales-Anguiano was subsequently indicted on Aug. 12, 2015, and charged with possession of heroin, cocaine and methamphetamine with intent to distribute on July 21, 2015, in Bernalillo County, N.M.
Morales-Anguiano entered a guilty plea to the indictment on Dec. 20, 2016, and admitted that on July 21, 2015, he possessed heroin, cocaine and methamphetamine while he was driving to Albuquerque from California. Morales-Anguiano further admitted that he was to be paid when he arrived back in California.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Letitia C. Simms prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque Man Sentenced for Conviction on Misdemeanor Charge of Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Joe J. Zambrano, 55, of Albuquerque, N.M., was sentenced today in federal court in Santa Fe, N.M., to six months in prison followed by one year of supervised release for his conviction on a misdemeanor charge of assaulting, resisting and impeding a federal officer in the performance of their official duties.
Zambrano was charged in a criminal complaint with assaulting, resisting or impeding federal officers, and providing false information to law enforcement officers on Jan. 15, 2017, in Bernalillo County, N.M. According to the criminal complaint, on Jan. 15, 2017, Zambrano attempted to use his vehicle as a weapon against Park Rangers of the National Park Service during a routine traffic stop within the Petroglyph National Monument. Zambrano then provided a false name, birthdate and social security number to the Park Rangers in response to their request for Zambrano’s identification information.
Zambrano subsequently was charged by a misdemeanor information on Jan. 18, 2017, with assaulting, resisting and impeding a federal officer. On March 1, 2017, Zambrano pled guilty to the information. and admitted that on Jan. 15, 2017, he nearly struck a Park Rangers with his vehicle while attempting to flee from two Park Rangers. Zambrano further admitted that he ignored the Park Rangers’ verbal commands that he stop his vehicle.
This case was investigated by the National Park Service and was prosecuted by Assistant U.S. Attorney Eva Fontanez.
Taos County Man Pleads Guilty to Oxycodone Trafficking ChargeRead the Press Release
ALBUQUERQUE – Joseph Cordova, 30, of Chamisal, N.M., pled guilty today in federal court in Albuquerque, N.M., to an Oxycodone trafficking charge. The plea agreement recommends that Cordova be sentenced to a 48-month prison sentence followed by a term of supervised release to be determined by the court.
Cordova was arrested on Sept. 30, 2016, on an indictment charging him with possessing Oxycodone, heroin, cocaine and methadone with intent to distribute. The indictment alleged that Cordova committed the crimes on June 5, 2016, in Taos County, N.M.
During today’s proceedings, Cordova pled guilty to Count 1 of the indictment charging him with possessing Oxycodone with intent to distribute. In entering the guilty plea, Cordova admitted that on June 5, 2016, officers of the New Mexico State Police found more than 1,000 Oxycodone pills while searching Cordova’s vehicle. Cordova admitted that he intended to distribute the pills to others. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Peter J. Eicker is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Elias Sanchez, 36, 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
Sanchez was charged as the result of an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation 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.
Sanchez was charged in an indictment filed on June 30, 2016, with distributing methamphetamine on May 25, 2016 and June 3, 2016, in Bernalillo County, N.M. During today’s proceedings, Sanchez pled guilty to one count of distribution of methamphetamine and admitted that on May 25, 2016, he sold methamphetamine to another person. At sentencing, Sanchez faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 53 of the 104 defendants have entered guilty pleas and 18 have been sentenced. 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. This case is being prosecuted by Assistant U.S. Attorney Edward Han.
Michigan Man Pleads Guilty to Federal Meth Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Marcus Bernard Harris, 22, of Detroit, Mich., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Harris and his codefendants Lewayne Deray Jennings, 28, of Southfield, Mich., and Jerrell Leveine Whitman-Crutcher, II, 31, of Warren, Mich., were arrested on Dec. 28, 2016, and charged with methamphetamine trafficking offenses after the DEA and New Mexico State Police (NMSP) seized a total of 9.8 kilograms (21.6 pounds) of methamphetamine during an interdiction investigation at the Greyhound Bus Station. The methamphetamine was allegedly concealed in various bundles inside luggage.
Harris and his codefendants were subsequently indicted on Jan. 24, 2017, and charged with conspiracy and possession of methamphetamine with intent to distribute on Dec. 28, 2016, in Bernalillo County, N.M.
During today’s proceedings, Harris pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and admitted transporting methamphetamine to Albuquerque on a Greyhound bus by concealing the methamphetamine in his luggage.
At sentencing, Harris faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
Jennings and Whitman-Crutcher have entered pleas of not guilty to the charges against them. Criminal charges are merely accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Member of Grant County Methamphetamine Trafficking Ring Sentenced to PrisonRead the Press Release
ALBUQUERQUE – Gary Lee Romero, 32, of Santa Clara, N.M., was sentenced today in federal court in Las Cruces, N.M., to 63 months in federal prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Romero is one of twelve defendants charged with methamphetamine trafficking offenses as the result of a multi-agency investigation targeting a drug trafficking organization led by Daniel Lee Jacquez, 35, of Silver City, that distributed methamphetamine in Grant County, N.M. The investigation concluded in April 2015 with the filing of a 34-count indictment against Romero, Jacquez and nine co-defendants.
The indictment charged the 12 defendants with participating in a drug trafficking conspiracy and committing a series of substantive drug trafficking offenses and a firearms offense. According to the indictment, the defendants conspired to distribute methamphetamine in Grant County from March 2014 through April 2015. Eight counts charged certain defendants with distributing or possessing with intent to distribute methamphetamine and 24 counts charge certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. The indictment also charged one defendant with being a felon in possession of a firearm.
Romero pled guilty on July 13, 2016, to a felony information charging him with participating in a methamphetamine trafficking conspiracy, and admitted working with his co-defendants to distribute approximately 500 grams to 1.5 kilograms of methamphetamine in Silver City between March 2015 and April 2015.
All of Romero’s co-defendants, including Jacquez, have entered guilty pleas. Jacquez was sentenced on April 27, 2017, to 108 months in prison followed by four years of supervised release; Crystal Medina Gomez, 51, of Silver City, was sentenced on March 29, 2017, to 30 months in prison followed by three years of supervised release; and Anthony R. Davila, 26, of Santa Clara, was sentenced on Feb. 21, 2017, to 60 months in prison followed by three years of supervised release. The remaining co-defendants are currently awaiting sentencing hearings.
The case was investigated by the Las Cruces offices of the DEA, HSI and FBI with assistance from the U.S. Marshals Service and the New Mexico State Police. Assistant U.S. Attorney Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.
The investigation leading to the filing of charges in this case 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.
Albuquerque Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Candace Tapia, 22, 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
Candace Tapia and her codefendants Gaspar Leal, 47, Bernadette Aurora Tapia, 49, and Brandon Candelaria, 22, were charged as the result of an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation 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.
Candace Tapia and her co-defendants were charged by indictment on July 12, 2016, with conspiracy and distribution of methamphetamine on June 8, 2016, in Bernalillo County.
During today’s proceedings, Candace Tapia pled guilty to an information charging her with distribution of methamphetamine and admitted that on June 8, 2016, she distributed methamphetamine to another person. At sentencing, Candace Tapia faces a maximum sentence of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 52 of the 104 defendants have entered guilty pleas and 18 have been sentenced, including Bernadette Aurora Tapia. The remaining defendants, including Leal and Candelaria, 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. This case is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.
Albuquerque Man Arrested for Possessing an Unregistered Destructive DeviceRead the Press Release
ALBUQUERQUE – Ethan Guillen, 18, of Albuquerque, N.M., made his initial appearance today in federal court on a criminal complaint charging him with possessing a destructive device not registered to him in the National Firearms Registration and Transfer Record (NFRTR). Guillen remains in custody pending a preliminary hearing and detention hearing, both of which are scheduled for tomorrow.
Guillen is charged in a criminal complaint with possessing a destructive device not registered to him in the NFRTR on May 31, 2017, in Bernalillo County, N.M. According to the complaint, Guillen allegedly created a destructive device out of a pressure cooker filled with black energizable material, nuts and bolts, fuse and a plastic bag containing clear rubber material. The complaint further alleges that Guillen then placed the homemade destructive device, which was plugged into an appliance timer, under the victim’s bed,
If convicted of the charge in the criminal complaint, Guillen faces a maximum penalty of ten years 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 Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Howard Thomas is prosecuting the case.
Navajo Woman from Crownpoint Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Valerie Cayatineto, 40, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.
Cayatineto was arrested in Jan. 2017, on a criminal complaint charging her with involuntary manslaughter. According to the complaint, Cayatineto killed a Navajo man when she crashed her vehicle head-on into the victim’s vehicle on Dec. 9, 2016, on the Navajo Indian reservation in McKinley County, N.M. At the time of the crash, Cayatineto was driving under the influence of alcohol.
Cayatineto subsequently was indicted on Feb. 7, 2017, and charged with involuntary manslaughter.
During today’s proceedings, Cayatineto pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Cayatineto faces a maximum penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Elisa Dimas is prosecuting the case.
Albuquerque Felon Sentenced to Prison for Unlawfully Possessing Firearms and AmmunitionRead the Press Release
ALBUQUERQUE – Jarvis Johnson, 28, of Albuquerque, N.M., was sentenced today in federal court to 70 months in prison for being a felon in possession of firearms and ammunition. Johnson will be on supervised release for three years following his term of imprisonment.
Johnson was arrested on Dec. 16, 2015, on a five-count indictment charging him with unlawfully possessing firearms and ammunition on June 1, 2015, June 2, 2015, and Sept. 16, 2015, and distributing methamphetamine, heroin and marijuana on June 2, 2015. According to the indictment, Johnson was prohibited from possessing firearms or ammunition because of his prior felony conviction for distribution of methamphetamine.
On Jan. 20, 2017, Johnson pled guilty to a felony information charging him with being a felon in possession of firearms and ammunition. In entering the guilty plea, Johnson admitted that on Sept. 16, 2015, in Bernalillo County, N.M., he sold three firearms and multiple rounds of ammunition to an undercover law enforcement agent. Johnson acknowledged being prohibited from possessing firearms or ammunition because of his prior felony conviction.
This case was investigated by the Albuquerque office of the FBI and the Las Cruces Police Department. Assistant U.S. Attorney Shana B. Long prosecuted the case.
Texas Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Marc Wren, 49, of Odessa, Texas, pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Wren entered the guilty plea under a plea agreement that recommends a sentence of 70 to 87 months of imprisonment followed by a term of supervised release to be determined by the court.
Wren was charged by a criminal complaint filed on April 20, 2016, with possession of methamphetamine with intent to distribute on March 26, 2016, in Bernalillo County, N.M. Wren subsequently was indicted on that same charge on May 10, 2016.
According to court documents, Wren was arrested following a traffic stop after law enforcement officers determined that there was an outstanding arrest warrant for him in Texas. During a search incident to the arrest, the officers learned that Wren was in possession of approximately 107.6 grams of methamphetamine, which he had concealed in his pant leg.
During today’s proceedings, Wren pled guilty to the indictment and admitted that on March 26, 2016, he was in possession of methamphetamine, which he intended to distribute to others. Wren 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 and is being prosecuted by Assistant U.S. Attorney Letitia C. Simms.
Jesse Denver Hanes, Alleged Shooter of Hatch Police Officer, Pleads Guilty to Federal Firearms and Carjacking OffensesRead 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 today that Jesse Denver Hanes, who allegedly shot and killed Hatch Police Officer Jose Chavez on Aug. 12, 2016, has entered a guilty plea to federal firearms and carjacking offenses arising out of his efforts to evade arrest following the shooting. Hanes, 39, of Columbus, Ohio, entered the guilty plea before U.S. District Judge Robert C. Brack in federal court in Las Cruces, N.M., under a plea agreement that stipulates to a sentence of life imprisonment without the possibility of release.
Third Judicial District Attorney Mark D’Antonio, Chief James Gimler of the Hatch Police Department, Chief Pete N. Kassetas of the New Mexico State Police, and Doña Ana County Sheriff Enrique Vigil joined Acting U.S. Attorney Tierney and FBI Special Agent in Charge Wade in announcing the guilty plea.
In announcing the guilty plea, Acting U.S. Attorney Tierney said, “The U.S. Attorney’s Office has made a commitment to prosecute those who seek to harm the courageous officers who put their lives on the line to protect us and safeguard our communities whenever there is federal jurisdiction to do so. This federal prosecution is part of that commitment, and today we begin the process of holding Jesse Denver Hanes accountable for the federal crimes he committed during his extremely violent crime spree on Aug. 12, 2016.”
“Whenever a brave police officer like Jose Chavez dies in the line of duty, everyone in the law enforcement community feels the loss,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “Officer Chavez's sacrifice has inspired all of us who wear the badge to renew our resolve to serve and protect our nation. I am grateful to the many FBI agents and staff, along with our law enforcement partners and prosecutors, who worked tirelessly on this case to make sure justice was done.”
During today’s change of plea hearing, Hanes pled guilty to a five-count superseding indictment that charged him with attempted carjacking; brandishing a firearm during a crime of violence; carjacking resulting in serious bodily injury; discharging a firearm during a crime of violence; and being a felon in possession of a firearm. Hanes admitted committing the five crimes on Aug. 12, 2016, in Doña Ana County, N.M. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested Aug. 16, 2016, on a federal criminal complaint charging him with being a felon in possession of a firearm, carjacking, and discharging a firearm during a crime of violence. According to court filings, on Aug. 12, 2016, Officer Chavez executed a traffic stop in Hatch, N.M., on a vehicle driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes allegedly shot Officer Chavez in the upper torso; Officer Chavez later died as the result of the gunshot wound. After fleeing from the scene of the shooting, Hanes and his passengers parted company and Hanes traveled to a rest area near Radium Springs, N.M., where he attempted to carjack two individuals by brandishing a firearm at them. Shortly thereafter, Hanes carjacked a man at the same rest area by shooting him in the leg and drove away in the injured man’s vehicle. When deputies of the Doña Ana County Sheriff’s Office arrested Hanes later that day, they found the handgun Hanes used to shoot the carjack victim and allegedly used to shoot Officer Chavez.
In addition to the federal charges to which Hanes pled guilty today, Hanes is charged in the state with first-degree murder of Officer Chavez and related crimes in the Third Judicial District Court for the State of New Mexico in Doña Ana County. Hanes also is facing an unrelated state murder charge in Ohio. Hanes has entered a not guilty plea to the state charges in New Mexico and has not yet been arraigned on the charges in Ohio. Criminal charges are merely accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt. Under the terms of the federal plea agreement entered into by Hanes and the U.S. Attorney’s Office, Hanes’ federal sentence of life imprisonment will run concurrent to any sentence Hanes may receive on a conviction on the state charges in the New Mexico case.
Third Judicial District Attorney Mark D’Antonio said, "The best approach to deterring criminal activity is when the federal government and local law enforcement agencies work together closely. This is a fine example of that cooperation in action, and what we are able to accomplish when we work together."
“The cooperative effort between law enforcement agencies has made our communities safer,” said New Mexico State Police Chief Pete Kassetas. “This case is a great example of how local, state and federal law enforcement agencies are working with State District Attorneys and the U.S. Attorney to prosecute violent criminals. I cannot express my gratitude enough to all the agencies involved.”
“From the moment this tragic incident first hit our police radios on August 12, we knew the Doña Ana County Sheriff’s Department wasn’t alone,” said Doña Ana County Sheriff Enrique Vigil. “The efforts of every responding agency reinforced what our deputies do every day – ensure the safety of our residents. The collaboration of those efforts is what ensures criminals like Jesse Hanes receive the maximum sentence possible for their actions.”
Chief James Gimler of the Hatch Police Department said, “I am very pleased that justice is being served in this case and that the victims of Mr. Hanes’ crimes will be spared the emotional difficulty of sitting through his trial. Mr. Hanes’ crimes have forever changed the lives of his victims and their family members, and I am extremely grateful for all of the support from my fellow law enforcement officers and the entire community.”
The federal case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the 3rd Judicial District Attorney’s Office. The following agencies also assisted in the investigation: the Albuquerque and El Paso offices of the FBI, ATF, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, El Paso (Texas) County Sheriff’s Office and El Paso (Texas) Police Department.
Assistant U.S. Attorneys Marisa A. Ong and Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the federal case against Hanes 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 felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Arizona Man Arrested for Assaulting Federal Officers and Mailing Threatening Communications in New MexicoRead the Press Release
ALBUQUERQUE – Brian Clayton Charles, 49, of Tucson, Ariz., made his initial appearance yesterday in the U.S. District Court for the District of Arizona on a criminal complaint filed in the U.S. District Court for the District of New Mexico that charges him with assaulting a federal law enforcement officer and mailing threatening communications,
Charles was arrested in Tucson on May 24, 2017, on a criminal complaint alleging that he retaliated against a federal law enforcement official by sending threatening mail to the personal residence of an officer of the Albuquerque Police Department (APD) who is commissioned as a Special Federal Officer by the U.S. Marshals Service. The criminal complaint also charges Charles with mailing threatening communications to five other APD officers in Sept. 2016 and Oct. 2016.
According to the criminal complaint, the Diplomatic Security Service of the U.S. Department of State initiated an investigation into Charles after he allegedly mailed a letter, which was postmarked March 24, 2016, to the home address of then Secretary of State John Kerry in Washington D.C., which threatened to harm the Secretary of State. The complaint alleges that Charles previously had mailed threatening communications to numerous other federal government officials in addition to communications threatening APD officers.
During yesterday’s proceedings in Tucson, waived his right to a detention hearing and remains in custody pending transfer to New Mexico to face the criminal charges against him.
If convicted of the charges in the criminal complaint, Charles faces the following statutory maximum penalties: six years in prison for retaliating against a federal law enforcement official; five years in prison on each count of the five counts for mailing threatening communications; and ten years in prison for assaulting a federal officer. 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 U.S. Department of State, Diplomatic Security Service and the Environmental Protection Agency, Office of Inspector General with assistance from APD. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case.
Felon from Carlsbad Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Paul J. Harry, 32, of Carlsbad, N.M., pled guilty today in federal court in Las Cruces, N.M., to being a felon in possession of a firearm.
Harry was arrested on Jan. 17, 2017, and charged by criminal complaint with being a felon in possession of a firearm and ammunition and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR) on May 2, 2016, in Chaves County, N.M. According to the complaint, Harry was arrested on an outstanding warrant for failing to comply with probation following a routine traffic stop. Law enforcement officers subsequently executed a state search warrant on Harry’s vehicle and seized a sawed off rifle, which was not registered to Harry in the NFRTR, and ammunition.
Harry was indicted on April 19, 2017, and charged with being a felon in possession of a firearm. According to the indictment, Harry previously had been convicted of burglary.
During today’s proceedings, Harry pled guilty to the indictment and admitted that on May 2, 2016, he possessed a short-barreled rifle. Harry further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
At sentencing, Harry faces a maximum penalty of ten years in federal prison. A sentencing hearing 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 Roswell Police Department. Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Cocaine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Pascual Cerpa-Coy, 55, of Albuquerque, N.M., pled guilty today in federal court to a cocaine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Cerpa-Coy was arrested in Jan. 2017, on a criminal complaint charging him with possession of cocaine with intent to distribute on Jan. 19, 2017, in Bernalillo County, N.M. Cerpa-Coy subsequently was indicted on the same charge on Feb. 7, 2017.
According to court documents, Cerpa-Coy was arrested after the Crimes Against Children Unit of the Albuquerque Police Department found approximately one kilogram of cocaine and drug paraphernalia at his residence while executing a state search warrant as part of an investigation of juvenile sexual abuse.
During today’s proceedings, Cerpa-Coy entered a guilty plea to the indictment and admitted possessing more than 500 grams of cocaine on Jan. 19, 2017, that he intended to distribute to others. At sentencing, Cerpa-Coy 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 Albuquerque office of the DEA and APD. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Prior Sex Offender from Silver City Pleads Guilty to Child Exploitation and Child Pornography ChargesRead the Press Release
ALBUQUERQUE – This morning in Las Cruces, N.M., Michael Ray Sepulveda, 38, of Silver City, N.M., pled guilty to federal child exploitation and child pornography charges. The plea agreement recommends a sentence within the range of 20 to 25 years in prison followed by a lifetime of supervised release. Sepulveda will be required to continue to register as a sex offender after he completes his prison sentence.
Sepulveda was arrested on Oct. 28, 2016, on a criminal complaint alleging that he enticed a child to engage in sexual activity and to produce child pornography, which was transmitted in interstate commerce. According to the criminal complaint, Sepulveda committed these crimes between July 2015 and Nov. 2015. Court filings reflect that law enforcement authorities began investigating Sepulveda for the alleged crimes in the summer of 2016, immediately after learning about his crimes while investigating other conduct.
According to the criminal complaint, Sepulveda used an online social networking website to engage in sexually explicit communications with an underage minor (victim) between July 2015 and Nov. 2015. In these communications, Sepulveda, who pretended to be a 16-year-old girl, sent sexually explicit photographs to the victim and persuaded the victim to send him sexually explicit photographs of the victim to Sepulveda. Sepulveda also attempted unsuccessfully to meet with the victim for the purpose of engaging in sexual activity.
During today’s proceedings, Sepulveda pled guilty to a felony information charging him with child exploitation and receipt of child pornography. In entering the guilty plea, Sepulveda admitted that between July 29, 2015 and Nov. 15, 2015, he attempted to persuade the victim, a minor, to produce pornographic images of the victim and attempted to meet the victim to engage in sexual activity through a social media website. Sepulveda further admitted that while communicating with the victim, Sepulveda claimed to be a teenage female. Sepulveda admitted sending the victim images of female genitalia and heterosexual pornography and having sexually explicit conversations with the victim in an effort to induce the victim to produce child pornography for Sepulveda. According to the plea agreement, between July 29, 2015 and Nov. 15, 2015, in response to Sepulveda’s requests for sexually explicit photos of the victim, the victim sent five pornographic images depicting the victim to Sepulveda.
Under the terms of the plea agreement, Sepulveda will be prohibited from using or accessing the social media website he used to facilitate his criminal activity, and if Sepulveda wishes to become a member of, visit, or access any other social media website he must seek prior approval from his probation officer. Sepulveda also will be required to pay $15,000 in restitution to the victims of his crimes. Sepulveda remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Grant County Sheriff’s Office and the Las Cruces offices of FBI and HSI. Assistant U.S. Attorney Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Navajo Man Sentenced for Federal Child Abuse ConvictionRead the Press Release
ALBUQUERQUE – Julian King, 31, an enrolled member of the Navajo Nation who resides in Vanderwagon, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 24 months in prison for his conviction on a federal child abuse charge. King will be on supervised release for a year after completing his prison sentence.
King was charged by felony information on Jan. 19, 2017, with abusing a child abuse from March 1, 2011 through April 13, 2011, on the Navajo Indian Reservation in McKinley County, N.M.
King pled guilty to the information on Jan. 19, 2017. In entering the guilty plea, King admitted that between March 12, 2011 and April 6, 2011 he abused a seven-month old infant by striking the infant on the head and causing the infant’s head to strike a wall. King further admitted that the instances of abuse were intentional and with enough force to cause injury to the child.
This case was investigated by the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
Lincoln County Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Octavio Herrera, 54, of Ruidoso Downs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on a methamphetamine trafficking charge. Herrera will be on supervised release for four years following his prison sentence
Herrera was one of 34 individuals charged in December 2015, with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Herrera was arrested in Sept. 2016, on an indictment charging him and co-defendants Rumaldo Varela Enriquez, 46, a Mexican national, and Johnny Flowers, 51, of Hobbs, N.M., with methamphetamine trafficking offenses. The indictment charged Herrera with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and three counts of use of a communication facility in relation to a drug trafficking crime.
On Jan. 11, 2017, Herrera pled guilty to conspiracy and possession of methamphetamine with intent to distribute. In entering the guilty plea, Herrera admitted that between March 4, 2015 and March 12, 2015, he conspired with others to distribute methamphetamine in Hobbs and Lovington, N.M. Herrera also admitted that on March 12, 2015, he possessed 230.1 grams of methamphetamine which he intended to distribute to others.
Enriquez pled guilty on Sept. 9, 2016, and was sentenced on March 21, 2017 to 57 months in prison and will be deported following his prison sentence. Flowers pled guilty on Nov. 9, 2016, and was sentenced yesterday to time served followed by two years of supervised release.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and 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 federal cases, and Mescalero Tribal Prosecutor Melissa Chavez is prosecuting the tribal cases.
Leader of Drug Trafficking Organization that Distributed High Grade Marijuana Throughout New Mexico Pleads Guilty to Marijuana Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Enrique S. Cavazos, 31, of Tijeras, N.M., entered a guilty plea today in federal court in Albuquerque, N.M., to marijuana trafficking and money laundering charges under a plea agreement that recommends a sentence within the range of 48 to 120 months of imprisonment. His wife, Lindsey A. Cavazos, 32, also pled guilty today to a money laundering charge under a plea agreement that recommends a sentence of a five-year term of probation. Under the terms of their plea agreements, the couple is required to forfeit the proceeds of their drug trafficking and money laundering activities, including real estate, vehicles, cash, weapons, and jewelry, which are valued at more than $1,883,500.
Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS-Criminal Investigation, announced the guilty pleas.
Enrique and Lindsey Cavazos were arrested in Nov. 2015, after a federal grand jury filed a 26-count indictment charging them and six others with marijuana trafficking and money laundering charges. The indictment was the result of a two-year investigation by the FBI and IRS Criminal Investigation into a drug trafficking organization led by Enrique Cavazos that distributed high-grade marijuana throughout New Mexico and across the country. The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.
According to the indictment, Enrique and Lindsey Cavazos and six co-conspirators participated in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere. The indictment alleged that Enrique Cavazos operated his marijuana trafficking business by directing co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country. It also alleged that Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds. The indictment charged the couple with engaging in a money laundering conspiracy and using bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.
The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants: Steven Becerra, 61, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 54, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 65, a retired school teacher. superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.
During today’s proceedings, Enrique Cavazos pled guilty to a drug trafficking conspiracy charge and a money laundering conspiracy charge. In his plea agreement, Cavazos admitted participating in a conspiracy to distribute marijuana between Jan. 2008 and Nov. 2015, and acknowledged that the conspiracy included the cultivation, shipment and sale of marijuana to wholesalers and end-use customers. Enrique Cavazos also admitted conspiring with others from Jan. 2009 through Nov. 2015, to launder the cash proceeds from his marijuana distribution conspiracy, and engaging in numerous financial transactions using his drug proceeds, which were designed to conceal the nature, source and ownership of the illegal proceeds.
Lindsey Cavazos entered a guilty plea to a money laundering conspiracy charge. In her plea agreement, she admitted that from Jan. 2009 through Nov. 2015, she conspired with others to launder the cash proceeds from marijuana distribution. Like her husband, Lindsey Cavazos admitted engaging in numerous financial transactions using drug proceeds, which were designed to conceal the nature, source and ownership of the illegal proceeds.
As part of their plea agreements, the Cavazos are required to forfeit property derived, either directly or indirectly, from proceeds obtained from their drug trafficking and money laundering activities including:
-
The Tijeras, N.M., residence of Enrique and Lindsey Cavazos, valued at $468,000;
-
Two parcels of real property located on Grand Avenue in Las Vegas, N.M., valued at $227,032;
-
A parcel of real property located on 12th Street in Las Vegas, N.M., valued at $42,500;
-
A parcel of real property located on Grant Street in Las Vegas, N.M., valued at $50,000;
-
A parcel of real estate located at 8th Street and Sperry Street in Las Vegas, N.M., valued at $229,000;
-
The funds, totaling approximately $104,513.21, in nine bank accounts in the names of companies owned and controlled by Enrique and Lindsey Cavazos;
-
18 vehicles with an aggregate value of $177,500;
-
Two Rolex watches valued at $35,600;
-
Three pieces of sapphire and diamond jewelry owned by Lindsey Cavazos valued at $1,025.33;
-
$473,040 in cash; and
-
The fixtures and equipment from Café Bien, a restaurant formerly located on Central Avenue, SW, in Albuquerque, N.M., that was owned and operated by Enrique and Lindsey Cavazos.
Sentencing hearings for Enrique Cavazos, who is in custody, and Lindsey Cavazos, who is out on conditions of release, have yet to be scheduled.
The remaining eight defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which has yet to be scheduled. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation and the Albuquerque Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.
Cavazos 2nd Superseding Indictment Enrique Cavazos Plea Agreement Lindsey Cavazos Plea Agreement-
Rio Rancho Man Pleads Guilty to Federal Heroin Trafficking ChargesRead the Press Release
ALBUQUERQUE – Kayleb Reyos, 22, of Rio Rancho, N.M., pled guilty today in federal court to heroin trafficking charges. His co-defendant, Joshua Greene, 19, of Albuquerque, N.M., previously entered a guilty plea to resolve the charges against him.
Reyos and Greene were arrested in May 2016, as the result of a DEA investigation into heroin and methamphetamine trafficking in northwest Albuquerque. According to the criminal complaint filed against them, Greene and Reyos sold an aggregate of 36 ounces (2.25 pounds) of heroin and 3 ounces (.18 pounds) of methamphetamine to an undercover law enforcement agent during a series of transactions occurring between Feb. 2016 and May 2016. The two men were arrested when the DEA executed a search warrant at a residence in northwest Albuquerque. During the search, the DEA seized an additional pound of heroin, bulk amounts of cash, a handgun, and drug paraphernalia.
Greene and Reyos subsequently were charged in a ten-count indictment filed on June 14, 2016. The indictment charged Greene and Reyos with conspiracy to distribute heroin from Feb. 2016 to May 2016. It also charged the two defendants with distributing heroin on Feb. 25, 2016, April 12, 2016, and May 4, 2016, and distributing methamphetamine on March 23, 2016. Greene separately was charged with distributing heroin on Feb. 4, 2016, March 9, 2016, and March 22, 2016, and possessing heroin with intent to distribute on May 17, 2016. Reyos separately was also charged with possessing heroin with intent to distribute on May 17, 2016.
During today’s proceedings, Reyos pled guilty to a felony information charging him with conspiracy and distribution of heroin. In entering the guilty plea, Reyos admitted that from Feb. 4, 2016 through May 17, 2016, he was part of a small-scale drug trafficking organization that operated in northwest Albuquerque. Reyos admitted that on April 12, 2016, he drove Greene to a parking lot in Albuquerque, where Greene sold approximately 423.8 grams of heroin to an undercover law enforcement agent.
On April 11, 2017, Greene pled guilty to a felony information charging him with conspiracy and distribution of heroin. In entering the guilty plea, Green admitted that from Feb. 4, 2016 through May 17, 2016, he directed a small-scale drug trafficking organization in northwest Albuquerque. Greene also admitted selling approximately 135.1 grams of heroin to an undercover law enforcement agent on March 22, 2016.
Reyos and Greene both remain in custody pending sentencing hearings, which have yet to be scheduled. Reyos faces a maximum penalty of 20 years in federal prison. Under the terms of his plea agreement, Greene will be sentenced within the range of 60 to 87 months in federal prison. Each will be on supervised release for a term to be determined by the court after completing his prison sentence. Reyos and Greene jointly will be required to forfeit $28,135 in cash in addition to paying a money judgment in the amount of $28,250. In addition, Greene will have to forfeit a handgun and a gold necklace set with 1,728 natural diamonds valued at $11,555.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorneys Kristopher Houghton and Alexander Uballez are prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, Bernalillo County Commissioner Maggie Hart Stebbins, Albuquerque City Councilor Diane Gibson, 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.