District of New Mexico
Press releases recorded for this federal judicial district.
Non-Indian Man from Albuquerque Facing Charges for Assaulting Federal Officer on Isleta PuebloRead the Press Release
ALBUQUERQUE – Earlier today, a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Jonathan D. Lueras, 30, of Albuquerque, N.M., with assaulting a federal officer. The Magistrate Judge also entered an order requiring Lueras to remain in custody pending trial.
According to the criminal complaint, Lueras, a non-Indian, was arrested on March 9, 2017, for assaulting an officer of the Isleta Pueblo Tribal Police Department, who is commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. Lueras allegedly committed the assault on the Isleta Pueblo in Bernalillo County, N.M., while resisting arrest and attempting to gain control of the officer’s firearm. During the alleged assault, Lueras struggled with the officer on the ground and attempted to flee several times.
If convicted of the charge in the criminal complaint, Lueras faces a maximum penalty of 20 years in federal prison. Charges in complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Isleta Pueblo Tribal Police Department and the Northern Pueblos Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Joseph Spindle.
Navajo Man from Kirtland Sentenced for Being Accessory After the Fact to March 2015 Voluntary ManslaughterRead the Press Release
ALBUQUERQUE – Maynard Shirley, 38, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was sentenced today in federal court in Albuquerque, N.M., to 42 months in prison followed by three years of supervised release for his conviction arising out of the March 21, 2015 death of a Navajo man.
According to court filings, Maynard Shirley and his brothers Elijah Shirley, 32, and Michael Shirley, 32, were charged with murdering a Navajo man and assaulting the murder victim’s father. The defendants committed the crimes on March 21, 2015, in Fruitland, N.M., in San Juan County, N.M. The three men were indicted on April 14, 2015, and charged with killing the victim by stabbing him with a knife, and assaulting the victim’s father with a dangerous weapon and causing him to suffer serious bodily injury.
Maynard Shirley pled guilty on Dec. 13, 2016, to a felony information charging him with being an accessory after the fact to the offense of voluntary manslaughter. In entering the guilty plea, Maynard Shirley admitted that from March 21, 2015 through March 23, 2015, he aided Elijah Shirley despite knowledge that Elijah Shirley had committed the crime of voluntary manslaughter. Maynard Shirley admitted helping Elijah Shirley by transporting him, securing housing for him, and burning his vehicle.
Elijah Shirley entered a guilty plea on Sept. 21, 2016, to a felony information charging him with voluntary manslaughter, and admitted stabbing and killing the victim in the heat of passion. Elijah Shirley was sentenced on Jan. 24, 2017, to 121 months in prison followed by three years of supervised release.
On Sept. 21, 2016, Michael Shirley also pled guilty to a felony information charging him with being an accessory after the fact, and admitted that after the victim was killed, he assisted Elijah Shirley by burning a BMW vehicle and Maynard Shirley by helping him secure housing and transportation. Michael Shirley was sentenced on Jan. 24, 2017, to 63 months in prison followed by three years of supervised release.
The case was investigated by the Farmington office of the FBI and the Shiprock and Kayenta offices of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Niki Tapia-Brito and Nicholas Marshall.
Albuquerque Felon Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Manuel Herrera, 50, of Albuquerque, N.M., pled guilty today in federal court to being a felon in possession of firearms and ammunition under a plea agreement with the U.S. Attorney’s Office.
Herrera was arrested in Jan. 2017, on an indictment charging him with being a felon in possession of a firearm and ammunition on Sept. 11, 2016, in Bernalillo County, N.M. According to the indictment, Herrera was prohibited from possessing firearms or ammunition because of his prior felony convictions for forgery, aggravated driving while intoxicated, bribery or intimidation of a witness, possession of a firearm by a felon, possession of a controlled substance, and aggravated assault with a deadly weapon.
During today’s proceedings, Herrera entered a guilty plea to the indictment, and admitted possessing a firearm and ammunition on Sept. 11, 2016. At sentencing, Herrera faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sandoval County Sheriff’s Office. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
Santa Fe County Man Sentenced to Ninety Days of Imprisonment for Trespassing on Nambe Pueblo LandRead the Press Release
ALBUQUERQUE – Steve Romero, 32, of Santa Fe County, N.M., pled guilty today in federal court in Albuquerque, N.M., to a misdemeanor criminal trespass charge, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge William McClure of District IV of the BIA’s Office of Justice Services. Immediately after entering the guilty plea, Romero was sentenced to 90 days of imprisonment to be followed by a year of supervised release.
Romero was charged in a criminal complaint on June 14, 2016, with a misdemeanor criminal trespass offense. The complaint alleged that in Feb. 2016, the Nambe Tribal Council banished Romero, a non-Indian, from entering any land within the Nambe Pueblo boundaries. According to the complaint, Romero had reentered Nambe Pueblo land on four occasions between April 2016 and June 2016, in violation of the Pueblo’s banishment resolution.
During today’s proceedings, Romero pled guilty to a misdemeanor information charging him with criminal trespass. In entering the guilty plea, Romero admitted that he was served with a Tribal Resolution on March 7, 2016, excluding and banishing him from the Nambe Pueblo. Romero further admitted that on June 13, 2016, he entered and remained on the Nambe Pueblo for the fourth time after the Nambe Pueblo Tribal Council issued the Tribal Resolution.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
El Paso, Texas, Man Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Fernando Gomez-Campos, 21, of El Paso, Texas, pled guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge.
Gomez-Campos and his co-defendants Gonzalo Montenegro-Coronel, 31, a Mexican national, and Esther Ordonez, 48, Miguel Ordonez, 23, and Reydecel Lopez-Ordonez, 22, all of Albuquerque, were charged in a 13-count indictment that was filed on Dec. 2, 2015. The indictment charged the defendants with participating in a heroin trafficking conspiracy between Nov. 2014 and Sept. 2015. The indictment also charged the defendants with distributing heroin on eight occasions between Nov. 2014 and Sept. 2015, and with using telephones to facilitate drug trafficking crimes. It also charged Esther Ordonez, Miguel Ordonez and Montenegro-Coronel with maintaining a residence for the purpose of manufacturing and distributing heroin between Nov. 2014 and Sept. 2015. According to the indictment, the defendants committed the crimes in Bernalillo County, N.M.
During today’s proceedings, Gomez-Campos pled guilty to Count 1 of the indictment charging him with participating in a heroin trafficking conspiracy. In his plea agreement, Gomez-Campos admitted that on Oct. 13, 2015, law enforcement officers found approximately 2.67 kilograms (5.89 pounds) of heroin in the trunk of the vehicle in which Gomez-Campos was a passenger. Gomez-Campos admitted that he was planning on delivering the heroin from El Paso to Albuquerque. Gomez-Campos also admitted that on April 28, 2015, he was paid to drive a similar quantity of heroin from Juarez, Mexico, to El Paso and then onto Albuquerque.
At sentencing, Gomez-Campos 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.
Lopez-Ordonez pled guilty on Oct. 19, 2016, to one count of distributing heroin and two counts of using a communication device to further the commission of a drug trafficking crime, and admitted using a telephone on March 19, 2015 and June 10, 2015, to arrange heroin sales. Lopez-Ordonez also admitted selling 568 grams of heroin to an undercover agent in exchange for $26,000 on July 9 and 10, 2015. Lopez-Ordonez faces a statutory minimum penalty of five years and a maximum of 40 years in prison when he is sentenced on March 30, 2017. Under the terms of his plea agreement, Lopez-Ordonez will forfeit more than $10,000 in drug proceeds to the United States; he also will forfeit his ownership interest in a residence in southwest Albuquerque.
The three remaining co-defendants have entered not guilty pleas to the indictment and are pending trial. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region I Drug Task Force as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The HIDTA Region I Drug Task Force is comprised of officers from the Albuquerque Police Department, Rio Rancho Police Department, Valencia County Sheriff’s Office, Pueblo of Pojoaque Tribal Police Department and DEA. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Assistant U.S. Attorneys Shaheen P. Torgoley and Stephen R. Kotz are prosecuting this case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
San Juan County Man Pleads Guilty to Federal Health Care Fraud ChargeRead the Press Release
ALBUQUERQUE – Cory Werito, 33, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to a health care fraud charge. The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso.
Werito and his co-defendant, Rosita Toledo, 47, of Kirtland, N.M., were charged in a ten-count indictment that was filed on June 15, 2016. The indictment included nine health care fraud charges against Werito and Toledo, and an aggravated currency structuring charge against Werito. According to the indictment, the health care fraud charges were based on the defendants’ roles in creating and operating a medical transportation company, CW Transport, a New Mexico company located in Farmington that provided non-emergency medical transportation to Arizona Medicaid recipients, funded by reimbursement payments from the Arizona Health Care Cost Containment System (AHCCCS), a healthcare benefit program. The indictment alleged that over the course of two years between 2011 and 2013, CW Transport collected more than $1.9 million in Medicaid reimbursements from AHCCCS by submitting more than 18,000 claims for reimbursement, the vast majority of which were wholly or substantially false and fraudulent.
Count 10 of the indictment, the aggravated currency structuring charge, alleged that Werito conducted financial transactions involving the proceeds of the health care fraud in a manner that avoided the filing of Currency Transaction Reports (CTRs). CTRs are reports which must be filed by financial institutions on transactions involving more than $10,000 during any business day and are used by law enforcement authorities to uncover a broad range of illegal activities including money laundering. According to the indictment, from Aug. 2011 to July 2013, Werito conducted at least 200 cash withdrawals, each for several thousands of dollars but less than $10,000 and totaling at least $800,000, to avoid the filing of CTRs.
The indictment included forfeiture provisions seeking an order requiring Werito and Toledo to forfeit to the United States at least $1,959,405, the proceeds allegedly derived from the health care fraud alleged in Counts 1 through 9 of the indictment.
During today’s proceedings, Werito pled guilty to Count 1 of the indictment, charging him with committing health care fraud. Werito admitted, as the sole owner of CW Transport, he submitted approximately 18,765 claims for reimbursement to AHCCCS between July 2011 and July 2013. Because the claims were grouped in 140 invoices, Werito received 140 payments from AHCCCS in an amount totaling $1,959,405. Werito admitted submitting the claims for reimbursement as part of a scheme to defraud AHCCCS because he either never provided or provided in a substantially different manner many of the services for which he sought and received reimbursement.
At sentencing, Werito faces a maximum penalty of ten years in federal prison. Under the terms of his plea agreement, Werito also will be required to pay $1,218,165 in restitution. A sentencing hearing has yet to be scheduled.
Toledo has entered a plea of not guilty to the charges in the indictment and is pending trial which has yet to be scheduled. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The Albuquerque office of HSI investigated the case with assistance from the FBI, U.S. Marshals Service, San Juan County Sheriff’s Office, the Arizona Health Care Cost Containment System and New Mexico Office of the Attorney General. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.
Mexican National Sentenced to Prison for Trafficking Meth on Navajo ReservationRead the Press Release
ALBUQUERQUE – Rogelio Santiago Quiroa-Valdez, 25, a Mexican national unlawfully in the United States, was sentenced today in federal court in Albuquerque, N.M., to 60 months in prison for his methamphetamine trafficking conviction. Quiroa-Valdez will be deported after he completes his prison sentence.
Quiroa-Valdez and his co-defendants, Luis Rangel Arce, 45, and Miguel Rangel Arce, 36, also Mexican nationals, were amongst eight San Juan County residents charged with federal narcotics trafficking offenses as the result of a multi-agency investigation led by Homeland Security Investigations (HSI) and the HIDTA Region II Narcotics Task Force into methamphetamine trafficking on the Navajo Indian Reservation in northwestern New Mexico. The three men were arrested in May 2016 during a law enforcement operation that included the execution of two search warrants at residences in Shiprock and Kirtland, N.M.
The investigation leading to the federal charges was initiated in response to an increase in methamphetamine trafficking on the Navajo Indian Reservation in the Shiprock area, and was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. This Department of Justice program 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. investigation identified eight defendants, who were charged in five indictments, through a series of methamphetamine purchases by undercover law enforcement officers. Law enforcement authorities seized more than two and a half pounds of methamphetamine, ten firearms, approximately $1,600 in cash, and a vehicle during the investigation.
Quiroa-Valdez, Miguel Rangel Arce and Luis Rangel Arce were charged with methamphetamine trafficking charges in a seven-count indictment filed in April 2016. The indictment charged the three men with participating in a methamphetamine trafficking conspiracy between Nov. 2015 and March 2016, and with distributing methamphetamine on six occasions between Jan. 2016 and March 2016. According to the indictment, the defendants committed the crimes in San Juan County, N.M.
Quiroa-Valdez pled guilty on Aug. 30, 2016, and admitted that on Feb. 24, 2016, he distributed 85.5 grams of methamphetamine to an undercover officer.
On Aug. 30, 2016, Miguel Rangel Arce pled guilty to participating in a methamphetamine trafficking conspiracy, and admitted that from Nov. 24, 2015 through March 17, 2016, he conspired to distribute between 500 grams and 1.5 kilograms of methamphetamine to an undercover officer. Miguel Rangel Arce was sentenced on March 7, 2017 to 120 months in prison; he will be deported after completing his prison sentence.
Luis Rangel Arce pled guilty on Aug. 16, 2016, to distributing methamphetamine on Jan. 11 and 14, 2016. In entering the guilty plea, Luis Rangel Arce admitted distributing 63.17 grams of methamphetamine to an undercover officer on Jan. 11, 2016, and distributing 55.3 grams of methamphetamine to an undercover officer on Jan. 14, 2016. Luis Rangel Arce was sentenced on Jan. 5, 2017, to 87 months in prison, and will be deported after completing his prison sentence.
These cases were investigated by HSI’s Albuquerque office and the HIDTA Region II Narcotics Task Force with assistance from the Farmington office of the FBI, U.S. Marshals Service, and BIA’s Division of Drug Enforcement, Shiprock office of the Navajo Nation Division of Public Safety, New Mexico State Police, San Juan County Sheriff’s Office, Farmington Police Department, and New Mexico National Guard. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the cases.
The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department, Aztec Police Department and HSI Albuquerque, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Mexican National Facing Federal Narcotics Charge Based on Eight-Pound Heroin Seizure in New MexicoRead the Press Release
ALBUQUERQUE – Julia Perez-Vega, 48, a Mexican national from Nogales, Sonora, Mexico, made her initial appearance this morning in federal court in Albuquerque, N.M., on a heroin trafficking charge. Perez-Vega remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for March 10, 2017.
Perez-Vega is charged in a criminal complaint with possession of heroin with intent to distribute following her arrest yesterday at the Greyhound Bus Station in Albuquerque. The DEA arrested Perez-Vega after agents allegedly found approximately 3.6 kilograms (8.064 pounds) of heroin in her baggage during a consensual search.
If convicted on the charge in the criminal complaint, Perez-Vega faces a statutory mandatory minimum penalty of ten years to a maximum of life in prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Edward Han is prosecuting this case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Inmate at Sandoval County Detention Center Pleads Guilty to Trafficking Heroin While IncarceratedRead the Press Release
ALBUQUERQUE – Ismael Vargas, 29, of Belen, N.M., entered a guilty plea today in federal court in Albuquerque, N.M., to a heroin trafficking charge. At the time he committed the offense, Vargas was an inmate at the Sandoval County Detention Center. Under the terms of his plea agreement, Vargas faces up to 41 months in federal prison to be followed by a term of supervised release to be determined by the court.
Former Corrections Officer at Sandoval County Detention Center Christopher Gonzales, 20, of Rio Rancho, N.M., and Fabrienne Rosalinda Morales, 39, of Peralta, N.M., were arrested in Jan. 2016, on a five-count indictment charging them with conspiracy. The indictment also charged Gonzales with possession of heroin and suboxone with intent to distribute, and Morales with distribution of heroin and suboxone. The indictment was superseded on Feb. 9, 2016, to add Vargas, who was charged with conspiracy. According to the superseding indictment, the three defendants committed the crimes charged on Aug. 2, 2015, in Sandoval County, N.M.
During today’s proceedings, Vargas pled guilty to Count 1 of the superseding indictment charging him with conspiracy to distribute heroin. In entering the guilty plea, Vargas admitted that on Aug. 2, 2015, while he was an inmate at the Sandoval County Detention Center, he arranged for heroin to be delivered to the jail. Vargas further admitted that he facilitated the payment of money to a corrections officer to get the heroin into the jail. Vargas remains in custody pending a sentencing hearing which has yet to be scheduled.
On Feb. 28, 2017, Gonzales pled guilty to possessing heroin with intent to distribute. In entering the guilty plea, Gonzales admitted that on Aug. 2, 2015, while he was working as an officer at the Sandoval County Detention Center, he brought heroin to the Detention Center with the intention of delivering it to an inmate. A sentencing hearing for Gonzales is currently scheduled for May 31, 2017.
On Jan. 13, 2017, Morales pled guilty to distributing heroin. In entering the guilty plea, Morales admitted that on Aug. 2, 2015, she smuggled heroin into the Sandoval County Detention Center and gave it to a corrections officer. Under the terms of her plea agreement, Morales will be sentenced to not more than 24 months in federal prison followed by a term of supervised release to be determined by the court. A sentencing hearing for Morales is currently scheduled for April 17, 2017.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Edward Han 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.
California Man Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Lionel Gerardo Rojas, 72, of Lake Forest, Calif., pled guilty today in federal court in Albuquerque, N.M., to a narcotics trafficking charge arising out of a 4.6-pound heroin seizure on Aug. 31, 2016.
Rojas was arrested on Aug. 31, 2016 and charged by a criminal complaint with a heroin trafficking offense after the DEA seized approximately 2.1 kilograms (4.62 pounds) of heroin during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The heroin was concealed in three bundles inside Rojas’ backpack. Rojas subsequently was indicted on Sept. 27, 2016, and charged with possessing heroin with intent to distribute in Bernalillo County, N.M.
During today’s proceedings, Rojas pled guilty to a felony information charging him with possession of heroin with intent to distribute. In entering the guilty plea, Rojas admitted that on Aug. 31, 2016, he transported three bundles of heroin in a backpack from Phoenix, Ariz., to New Mexico on a Greyhound bus. Rojas further admitted that he had intended to deliver the heroin to Columbus, Ohio, for further distribution.
Rojas remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Rojas faces a maximum penalty of 20 years in federal prison.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque Resident Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Noe Urias, 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.
Urias and his codefendants Angelica Marie Santiesteban, 40, and Patrick Zamora, 22, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one 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.
Urias and Santiesteban were charged in a four-count indictment filed on June 30, 2016, with methamphetamine trafficking offenses. The indictment was superseded on July 28, 2016, to include Zamora and an additional methamphetamine trafficking charge. The superseding indictment charged all three codefendants with conspiracy to distribute methamphetamine from May 2, 2016 through June 20, 2016, and distribution of methamphetamine on June 20, 2016; Urias and Santiesteban with distribution of methamphetamine on May 2, 2016 and May 19, 2016; and Urias with distribution of methamphetamine on May 18, 2016. According to the superseding indictment, the offenses took place in Bernalillo County.
During today’s proceedings, Urias pled guilty to Count 3 of the superseding indictment charging him with distribution of methamphetamine and admitted that on May 18, 2016, he sold methamphetamine in exchange for money. At sentencing, Urias faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 30 of the 104 defendants have entered guilty pleas including Santiesteban and three 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 the ATF and is being prosecuted by Assistant U.S. Attorney Edward Han.
Albuquerque Man Pleads Guilty to Being a Felon in Possession of Firearms and AmmunitionRead the Press Release
ALBUQUERQUE – Joe Ray Alires, 42, of Albuquerque, N.M., pled guilty today in federal court to unlawfully possessing firearms and ammunition, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Alires was charged by an indictment filed on Nov. 19, 2014, with being a felon in possession of firearms and ammunition on June 26, 2014, in Bernalillo County, N.M. Alires was prohibited from possessing firearms or ammunition because of his status as a convicted felon. According to the indictment, on June 26, 2014, Alires had at least ten felony convictions, convictions for residential and commercial burglary, possession of a controlled substance, being a felon in possession of a firearm, and possession of a deadly weapon or explosive by a prisoner.
During today’s proceedings, Alires pled guilty to the indictment under a plea agreement with the U.S. Attorney’s Office and admitted to possessing a loaded pistol on June 26, 2014, despite his status as a convicted felon.
At sentencing, Alires faces up to ten years of imprisonment. However, if the court determines that Alires is an armed career criminal, Alires faces an enhanced sentenced of a mandatory minimum penalty of 15 years and a maximum of life in prison. Alires remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the ATF office in Albuquerque and is being prosecuted by Assistant U.S. Attorney David M. Walsh as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat and violent offenders, primarily based on their prior convictions, from counties with the highest violent crime rates including Bernalillo County under this initiative.
Navajo Man from Arizona Sentenced to Prison for Federal Assault Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Charleston Wauneka, 30, an enrolled member of the Navajo Nation who resides in St. Michaels, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 21 months in prison followed by three years of supervised release for his conviction on an assault charge.
Wauneka was arrested in Aug. 2016, on an indictment charging him with assault resulting in serious bodily injury. The indictment alleged that Wauneka committed the crime on Aug. 15, 2013, on the Navajo Reservation in McKinley County, N.M.
On Sept. 1, 2016, Wauneka pled guilty to the indictment and admitted that on Aug. 15, 2013, he assaulted the victim by striking and kicking her, causing her to suffer serious bodily injury. More specifically, Wauneka admitted that his criminal conduct caused the victim to suffer fractured orbital bones around her left eye and hearing loss in her left ear.
This case was investigated by the Window Rock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Sarah Mease.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mexican National Pleads Guilty to Conspiring with Edgewood Man to Distribute Heroin that Resulted in Death of the UserRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division announced today a Mexican national has entered a guilty plea in federal court in Albuquerque, N.M., to participating in a conspiracy to distribute heroin that resulted in the death of the user.
During a change of plea hearing this morning, Rosendo Flores Angulo, 39, who illegally resided in Albuquerque until his arrest in this case, entered a guilty plea to a felony information charging him with conspiracy to distribute heroin. Angulo’s co-defendant, Curtis Hutchinson, 31, of Edgewood, N.M., previously pled guilty on Sept. 22, 2016, to conspiring with Angulo to distribute heroin that resulted in the death of a person who used the heroin.
In announcing today’s guilty plea, U.S. Attorney Damon P. Martinez said, “Hundreds of people die each year in New Mexico from heroin and opioid overdoses. As the facts of this case demonstrate, there is no safe threshold for heroin use, and even a very small dose of heroin – just one-quarter of a gram in this case – can be lethal. Heroin users and distributors need to understand that they are playing Russian roulette and every dose of heroin is another round in the cylinder.”
U.S. Attorney Martinez further noted that, “Arrests and criminal prosecutions in cases like this will not alone solve this problem, they are, however, a critical part of the solution. The U.S. Attorney’s Office is committed to working with the DEA and its other partners across federal, state, local and tribal law enforcement to combat the abuse of heroin and prescription opioids, which has had, and continues to have, devastating effects on victims, their families, and our communities.”
“New Mexico has been hit hard by the heroin and opioid epidemic that is plaguing our country, and drug overdoses remain the leading cause of accidental death in the state,” said Will R. Glaspy, Special Agent in Charge of DEA’s El Paso Division. “While it is essential that those suffering from addiction receive the treatment they need, it is equally important that the individuals and criminal organizations fueling this epidemic be held accountable for their actions. The DEA will continue to work with the U.S. Attorney’s Office and our law enforcement partners to bring to justice those who prey on our citizens.”
This case was initiated on Sept. 18, 2015, by the filing of a criminal complaint charging Angulo with heroin trafficking charges based on a number of heroin sales to two undercover DEA agents in Bernalillo and Sandoval Counties, N.M., between July 2015 and Sept. 2015. On Oct. 20, 2015, Angulo and Hutchinson were indicted and charged with participating in a heroin trafficking conspiracy. In addition to the conspiracy charge, the 17-count indictment charged both men with two counts of heroin distribution and Angulo alone with an additional 14 counts of heroin distribution.
On May 25, 2016, a federal grand jury returned an 18-count superseding indictment against Angulo and Hutchinson charging that added a “death resulting” count charging that the two men had conspired to distribute, and had distributed, heroin that resulted in the death of the person who used the drug. According to the superseding indictment, on April 29, 2015, Angulo and Hutchinson distributed heroin to a person who died as a result of using that heroin. The two men were charged with committing this crime in Bernalillo County.
In his plea agreement, Angulo admitted being a mid-level drug dealer who distributed heroin to low-level drug dealers and heroin users in Albuquerque in 2014 and 2015. Hutchinson was one of the low-level drug dealers to whom Angulo supplied heroin. Angulo admitted supplying heroin to Hutchinson on April 29, 2015, and acknowledged learning that Hutchinson sold some of the heroin to a young man, who collapsed and died after using the heroin. The plea agreement states that a medical toxicologist concluded that the heroin was the cause of the young man’s death; the young man would not have died if he had not used the heroin.
When Hutchinson entered his guilty plea in Sept. 2016, he admitted selling $20.00 of heroin – approximately 0.25 of a gram – to an acquaintance on April 29, 2015, and acknowledged learning that the acquaintance died as result of using that heroin.
In his plea agreement, Angulo agreed to a sentence of imprisonment within the range of 168 to 210 months. Angulo will be deported after he completes his prison sentence. Hutchinson faces a statutory penalty of not less than 20 years and not more than life imprisonment. Both men remain in federal custody pending sentencing hearings, which have yet to be scheduled.
The Albuquerque office of the DEA investigated this case, which is being prosecuted by Assistant U.S. Attorney Timothy S. Vasquez, 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.
Angulo Plea Agreement Hutchinson Plea AgreementFour Individuals Charged with Federal Drug and Firearms Offenses Arising from 32-Pound Methamphetamine DealRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced the arraignment this morning of four defendants in federal court in Albuquerque, N.M., on methamphetamine and firearms charges arising from an investigation by the ATF that culminated on Feb. 9, 2017, with the seizure of 32-pounds of methamphetamine on Feb. 9, 2017.
The four defendants, Efrain Espinoza-Pena, 44, a Mexican national illegally residing in Albuquerque, Cordelia Louisa Espinosa, 44, of Albuquerque, Edgar Madrid-Rascon, 31, a Mexican national illegally residing in Albuquerque, and Hector Hugo Magana, 33, of Redwood, Calif., are charged in a four-count indictment, which was filed on Feb. 28, 2017. All four defendants entered not guilty pleas to the indictment during their arraignment hearings.
According to the indictment, the four defendants participated in a methamphetamine trafficking conspiracy that began in April 2015 and continued until Feb. 2017, and operated in Bernalillo and Valencia Counties, N.M. The indictment also charges Espinoza-Pena and Espinosa with distributing methamphetamine in Bernalillo County on Dec. 7, 2016, and Espinoza-Pena, Madrid-Rascon and Magana with possessing distribution quantities of methamphetamine in Valencia County on Feb. 9, 2017. It also charges Madrid-Rascon with using and carrying a firearm on Feb. 9, 2017, in furtherance of a drug trafficking crime.
According to a criminal complaint filed on Feb. 2, 2017, Espinoza-Pena and Espinosa allegedly sold approximately 553 grams of methamphetamine to an ATF task force officer who was participating in an ATF undercover investigation. The transaction allegedly took place in the vicinity of the Isleta Resort and Casino on Isleta Pueblo, N.M.
A second criminal complaint, which was filed on Feb. 10, 2017, alleges that in Feb. 2017, Espinoza-Pena negotiated to sell 32 pounds of methamphetamine to ATF special agents who were part of ATF’s undercover investigation. The undercover agents allegedly met with Espinoza-Pena and Magana in the vicinity of a convenience store in Los Lunas, N.M., and then drove to the Mid Valley Airpark in Los Luna, where they met Madrid-Rascon, who arrived in a Dodge Durango. After the undercover agents observed methamphetamine located in a bag in the Durango’s back seat, they arrested Espinoza-Pena, Madrid-Rascon and Magana.
The criminal complaint alleges that during a search of the Durango, the ATF agents seized 32 packages, each of which contained a pound of methamphetamine. They also allegedly seized a loaded semi-automatic pistol and a loaded shotgun from the Durango.
Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law. If convicted, the defendants each face a statutory penalty of a mandatory minimum of ten years and a maximum of life imprisonment on the methamphetamine trafficking charges. Madrid-Rascon faces a mandatory minimum of five years of imprisonment on the firearms charge that must be served consecutive to the sentence imposed on the methamphetamine charges. Espinoza-Pena and Madrid-Rascon each will be deported after completing his prison sentence.
The case was investigated by ATF’s Albuquerque office and is being prosecuted by Special Assistant U.S. Attorney David P. Cowen.
Texas Man Sentenced for Misdemeanor Conviction for Stealing Prescription Pain Medication in New MexicoRead the Press Release
ALBUQUERQUE – Michael Adams, 52, of Horizon City, Texas, was sentenced today in Las Cruces, N.M., to two years of probation for his conviction on a federal misdemeanor theft of government property charge arising out of his theft of prescription pain medication being shipped by the Veterans Administration through the United Parcel Service (UPS). Adams was also ordered to pay $537.03 in restitution to the victim of his crime.
Adams was charged by a misdemeanor information filed on Dec. 12, 2016, with theft of government property on Aug. 21, 2013. According to the information, Adams committed the crime in Otero County, N.M.
On Jan. 10, 2017, Adams pled guilty to the misdemeanor information and admitted that on Aug. 21, 2013, while employed by UPS in Alamogordo, N.M., he stole a package containing prescription pain medication sent by the Veterans Administration through the UPS.
This case was investigated by the Department of Veterans Affairs, Office of the Inspector General. The case was prosecuted by Assistant U.S. Attorney Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
New York Man Sentenced to Prison for Federal Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Edward Lewis, 49, of Brooklyn, N.Y., was sentenced today in federal court in Albuquerque, N.M., to 46 months in prison followed by three years of supervised release for his conviction on a heroin trafficking charge.
Lewis was arrested on June 23, 2016, on a criminal complaint charging him with a heroin trafficking offense after the DEA seized approximately 523.50 grams of heroin from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The heroin was concealed in a bundle inside of Lewis’ pants. According to the complaint, Lewis was to be paid to transport the heroin from Los Angeles, Calif., to New York, N.Y. Lewis was subsequently indicted on July 12, 2016, and charged with possession of heroin with intent to distribute.
On Jan. 30, 2017, Lewis pled guilty to a felony information charging him with possession of heroin with intent to distribute, and admitted that on June 23, 2016, he possessed heroin with the intention of distributing it to others.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Special Assistant U.S. Attorney David P. Cowen 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.
Mexican National Sentenced to Ten Years in Prison for Trafficking Methamphetamine on Navajo ReservationRead the Press Release
ALBUQUERQUE – Miguel Rangel Arce, 36, a Mexican national unlawfully in the United States, was sentenced today in federal court in Albuquerque, N.M., to 120 months in prison for his methamphetamine trafficking conviction. Miguel Rangel Arce will be deported after he completes his prison sentence
Miguel Rangel Arce and his co-defendants Luis Rangel Arce, 45, and Rogelio Santiago Quiroa-Valdez also Mexican nationals, were amongst eight San Juan County residents charged with federal narcotics trafficking offenses as the result of a multi-agency investigation led by Homeland Security Investigations (HSI) and the HIDTA Region II Narcotics Task Force into methamphetamine trafficking on the Navajo Indian Reservation in northwestern New Mexico. The three men were arrested in May 2016 during a law enforcement operation that included the execution of two search warrants at residences in Shiprock and Kirtland, N.M.
The investigation leading to the federal charges was initiated in response to an increase in methamphetamine trafficking on the Navajo Indian Reservation in the Shiprock area, and was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. This Department of Justice program 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. investigation identified eight defendants, who were charged in five indictments, through a series of methamphetamine purchases by undercover law enforcement officers. Law enforcement authorities seized more than two and a half pounds of methamphetamine, ten firearms, approximately $1,600 in cash, and a vehicle during the investigation.
Miguel Rangel Arce, Luis Rangel Arce and Quiroa-Valdez were charged with methamphetamine trafficking charges in a seven-count indictment filed in April 2016. The indictment charged the three men with participating in a methamphetamine trafficking conspiracy between Nov. 2015 and March 2016, and with distributing methamphetamine on six occasions between Jan. 2016 and March 2016. According to the indictment, the defendants committed the crimes in San Juan County, N.M.
On Aug. 30, 2016, Miguel Rangel Arce pled guilty to participating in a methamphetamine trafficking conspiracy, and admitted that from Nov. 24, 2015 through March 17, 2016, he conspired to distribute between 500 grams and 1.5 kilograms of methamphetamine to an undercover officer.
Luis Rangel Arce pled guilty on Aug. 16, 2016, to distributing methamphetamine on Jan. 11 and 14, 2016. In entering the guilty plea, Luis Rangel Arce admitted distributing 63.17 grams of methamphetamine to an undercover officer on Jan. 11, 2016, and distributing 55.3 grams of methamphetamine to an undercover officer on Jan. 14, 2016. Luis Rangel Arce was sentenced on Jan. 5, 2017, to 87 months in prison and will be deported following his prison sentence.
Quiroa-Valdez pled guilty on Aug. 30, 2016, and admitted that on Feb. 24, 2016, he distributed 85.5 grams of methamphetamine to an undercover officer. At sentencing Quiroa-Valdez faces a statutory minimum penalty of five years and a maximum of 40 years in prison. Quiroa-Valdez remains in custody pending a sentencing hearing, which is currently scheduled for March 9, 2017. He too will be deported after completing his prison sentence.
These cases were investigated by HSI’s Albuquerque office and the HIDTA Region II Narcotics Task Force with assistance from the Farmington office of the FBI, U.S. Marshals Service, and BIA’s Division of Drug Enforcement, Shiprock office of the Navajo Nation Division of Public Safety, New Mexico State Police, San Juan County Sheriff’s Office, Farmington Police Department, and New Mexico National Guard. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the cases.
The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department, Aztec Police Department and HSI Albuquerque, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Convicted Sex Offender from Albuquerque Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Randal Gordon Paul, 47, of Albuquerque, N.M., entered a guilty plea this morning to a federal child pornography charge. Under the terms of his plea agreement, Paul will be sentenced to ten years of imprisonment followed by a lifetime of supervised release. Paul also will be required to pay restitution in the amount of $1,000 to any victim who is identified and requests restitution, and to register as a sex offender.
Paul was arrested on Dec. 2, 2016, on a criminal complaint charging him with possessing and distributing visual depictions of minors engaged in sexually explicit activity from June 2015 through Nov. 2016, in Bernalillo County, N.M. According to the criminal complaint, the investigation into Paul began in Nov. 2014, after an email address belonging to Paul, was used to register an account with a website known to show images of minors engaged in sexually explicit conduct. Further investigation revealed that Paul was a registered sex offender with two prior convictions; the first in 1996 for lewd and lascivious acts with a child under 14, and the second in 1998 for aggravated sexual abuse. On Nov. 16, 2016, law enforcement searched Paul’s residence and found a computer containing a video and at least 30 images of child pornography.
During today’s change of plea hearing, Paul pled guilty to a felony information charging him with possessing child pornography between Dec. 2012 and Nov. 2016, in Bernalillo County. In his plea agreement, Paul admitted downloading child pornography from the internet and saving them on electronic devices, including a desktop computer.
Paul has been in federal custody since his arrest. He remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Computer Forensic Laboratory. Assistant U.S. Attorney Holland S. Kastrin 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, visit http://www.justice.gov/psc/.
Albuquerque Man Pleads Guilty to Federal Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Kenneth Columbus Burwell, 54, of Albuquerque, N.M., pled guilty this morning in federal court to a bank robbery charge. Under the terms of his plea agreement, Burwell will be sentenced to 46 months in prison followed by three years of supervised release.
Burwell was arrested in Nov. 2016, on a criminal complaint charging him with robbing the US Bank branch located at 3000 Central Ave. SE in Albuquerque on Oct. 14, 2015. Burwell subsequently was indicted on Nov. 15, 2016, and charged with bank robbery.
During today’s proceedings, Burwell pled guilty to the indictment, and admitted that on Oct. 14, 2015, he robbed the US Bank branch by approaching the bank teller, demanding money, and threatening to shoot the teller if she pulled the alarm. Burwell further admitted that after threatening the teller, he pulled his shirt tight showing an impression of a gun-shaped item concealed beneath his clothing. Burwell remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Ohkay Owingeh Pueblo Man Pleads Guilty to Federal Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Peter Calvert-Cata, 21, a member and resident of Ohkay Owingeh Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a sexual assault charge. Under the terms of the plea agreement, Calvert-Cata will be sentenced to four years of imprisonment followed by a term of supervised release to be determined by the Court. He also will be required to register as a sex offender.
Calvert-Cata was arrested on Nov. 18, 2016, on a criminal complaint charging him with aggravated sexual abuse. According to the criminal complaint, Calvert-Cata sexually assaulted a 17-year-old female on Aug. 13, 2016, in Ohkay Owingeh Pueblo. At the time of the sexual assault, the victim, a member of Ohkay Owingeh Pueblo, was fading in and out of consciousness because she was intoxicated by alcohol and marijuana. Calvert-Cata subsequently was indicted on Dec. 7, 2016, and charged with two counts of aggravated sexual abuse.
During today’s change of plea hearing, Calvert-Cata entered a guilty plea to a felony information charging him with sexual assault. In his plea agreement, Calvert-Cata admitted that he attempted to engage in a sexual act with the victim on Aug. 13, 2016, at a time when she was highly intoxicated by alcohol and marijuana. Calvert-Cata also acknowledged providing the marijuana consumed by the victim.
Calvert-Cata remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Santa Fe office of the FBI, the Northern Pueblos Agency of the BIA’s Office of Justice Services, the Ohkay Owingeh Tribal Police Department, and the New Mexico State Police.
Assistant U.S. Attorney Lucy H. Solimon is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Taos County Businessman Pleads Guilty to Federal Tax ChargeRead the Press Release
ALBUQUERQUE – Robert Baños, 45, of Red River, N.M., pled guilty today in federal court in Albuquerque, N.M., to a federal tax charge. The guilty plea was announced by U.S. Attorney Damon P. Martinez and Ismael Nevarez Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Baños is an owner and operator of the Old Tymer’s Café and Bighorn Sports and Rental, both of which are located in Red River in Taos County, N.M. Baños was indicted on April 12, 2016, and charged with five counts of filing false tax returns. According to the indictment, Baños violated the federal tax laws during five tax years – 2009 through 2013 – by filing tax returns that failed to report his true income. During each of those tax years, Baños falsely reported that he had a negative income in the individual income tax returns he filed with the IRS.
During today’s proceedings, Baños pled guilty to Count 5 of the indictment charging him with making and subscribing a false tax return for tax year 2013. In entering the guilty plea, Baños admitted that during tax years 2009 through 2013, he underreported his businesses’ true income to a tax return preparer knowing the tax return preparer would rely on this false information to prepare and submit Baños’ tax returns. Baños also acknowledged signing, under penalty of perjury those tax returns, which he knew to be materially false for the purpose of evading federal income taxes.
At sentencing, Baños faces a maximum penalty of three years in federal prison. A sentencing hearing has yet to be scheduled. Under the terms of his plea agreement, Baños will be required to pay restitution to the IRS that covers the amount involved in the all of the criminal activity charged in the indictment, not just the count to which he pleaded guilty.
This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Margaret M. Vierbuchen.
San Ildefonso Pueblo Man Arrested for Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Jordan Roybal, 25, an enrolled member of the San Ildefonso Pueblo who resides in San Felipe Pueblo, N.M., made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with assaulting a federal officer.
According to the criminal complaint, Roybal was arrested on Nov. 21, 2016, after he allegedly assaulted a Bureau of Indian Affairs (BIA) officer. The assault allegedly occurred on San Ildefonso Pueblo in Santa Fe County, N.M., when Roybal was allegedly resisting arrest and challenging the officer to a fight. During the assault, which occurred while the officer was arresting Roybal, Roybal bit the officer on the wrist. In addition, the officer sustained skinned knees, a scrape on his left hand, swelling of his right knee and soreness to his left wrist.
Roybal remains in federal custody pending a preliminary hearing and a detention hearing, which are currently scheduled for March 6, 2017.
If convicted of the charge in the criminal complaint, Roybal faces a maximum penalty of 20 years in federal prison. Charges in complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Elisa Dimas is prosecuting the case.
Rio Rancho Woman Sentenced to Prison for Federal Meth Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Linda Styler, 66, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 months in prison for her conviction on methamphetamine trafficking charges. Styler will be on supervised release for two years after completing her prison sentence.
Styler and co-defendant Edward Lucero, 41, also of Rio Rancho, were arrested on Jan. 6, 2016, on a four-count indictment charging them with conspiring to distribute methamphetamine in July and Aug. 2015; distributing methamphetamine on July 31, 2015; and possessing distribution quantities of methamphetamine on Aug. 27, 2015. Styler and Lucero were charged with committing the crimes in Sandoval County, N.M.
On Sept. 30, 2016, Styler pled guilty to the indictment. In her plea agreement, Styler admitted supplying Lucero with 24.3 grams of 100% pure methamphetamine on July 22, 2015, which Lucero distributed to an undercover agent. She also admitted supplying Lucero with 47.3 grams of 98% pure methamphetamine on July 31, 2015, which Lucero distributed to an undercover agent. According to the plea agreement, on Aug. 27, 2015, law enforcement agents seized approximately 230 grams of methamphetamine while executing a search warrant at Styler’s Rio Rancho residence.
Lucero pled guilty on Oct. 6, 2016, to an information charging him with distributing methamphetamine. In entering the guilty plea, Lucero admitted that on July 31, 2015, sold 47.2 grams of 98% pure methamphetamine to an undercover law enforcement agent. At sentencing, Lucero faces a maximum penalty of 20 years in federal prison. He is currently scheduled for sentencing on March 7, 2017.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Kristopher N. Houghton.
Navajo Man from Shiprock Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Byron Harold Peshlakai, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.
Peshlakai was arrested in Oct. 2016, on an indictment charging him with involuntary manslaughter. According to the indictment, Peshlakai killed the victim with his vehicle while driving under the influence of alcohol on the Navajo Indian Reservation on Oct. 25, 2015.
During today’s proceedings, Peshlakai pled guilty to the indictment without the benefit of a plea agreement. At sentencing Peshlakai 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 and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
Felon from Roswell Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Stephen Daniel Sanchez, 41, of Roswell, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm.
Sanchez and his co-defendant Melodie Ann Andrews, 29, also of Roswell, were charged by criminal complaint with being felons in possession of firearms and ammunition on July 28, 2016, in Chaves County, N.M. According to the criminal complaint, law enforcement officers executed search warrants on the vehicle and the residence of Sanchez and Andrews on July 28, 2016, and seized approximately 12.1 grams of methamphetamine, 0.4 grams of marijuana, drug paraphernalia, firearms and ammunition, and $3,376 in cash. At the time, Sanchez was prohibited from possessing firearms and ammunition because he previously had been convicted of second degree murder in 1996. Andrews also was prohibited from possessing firearms and ammunition because she previously had been convicted of misprision of a felony in 2008.
During yesterday’s proceedings, Sanchez pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Sanchez admitted that on July 28, 2016, he possessed a firearm despite his prior conviction of second degree murder in Chaves County in 1996. At sentencing, Sanchez faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
Andrews has entered a plea of not guilty to the criminal complaint. If convicted of the charge in the complaint, Andrews faces a maximum penalty of ten years in federal prison. Charges in complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chaves County Metro Narcotics Task Force, and the Roswell Police Department. Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Albuquerque Man Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Kevin Scott Gordon, 59, of Albuquerque, N.M., pled guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA).
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
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.
During today’s proceedings, 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.
At sentencing, Gordon faces a maximum penalty of ten years in federal prison followed by a minimum of five years to a lifetime of supervised release. Gordon will also be required to register as a sex offender when he completes his prison sentence. Gordon remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Joseph Spindle.
Leader of Sunland Park Heroin Trafficking Ring Pleads Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Raymundo Munoz, 69, of Sunland Park, N.M., pled guilty today in federal court in Las Cruces, N.M., to heroin trafficking charges resulting from a DEA-led investigation targeting a heroin trafficking ring operating out of Sunland Park, N.M. Under the terms of his plea agreement, Munoz will be sentenced to 72 months in prison followed by a term of supervised release to be determined by the court.
The investigation targeted a heroin trafficking organization led by Munoz that obtained its heroin from Juan Francisco Rivera, 60, of El Paso, Tex. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Ten members of the heroin trafficking ring are charged in a 30-count indictment with participation in a heroin trafficking conspiracy and a series of substantive heroin trafficking offenses. The indictment charged all ten defendants with conspiring to distribute heroin in Doña Ana County and elsewhere between May 8, 2016 and July 12, 2016. It also included 23 counts charging certain defendants with distributing heroin or possessing heroin with intent to distribute and six counts charging certain defendants with using communications devices (telephones) to facilitate heroin trafficking crimes.
According to the indictment, Rivera routinely supplied Muñoz with heroin, in quantities ranging from two to nine ounces, which was smuggled by couriers into the United States across the international border in El Paso. Muñoz took the heroin to his Sunland Park residence where he distributed the drugs to others. Members of the conspiracy used telephones to negotiate their heroin deals, arrange for heroin deliveries, and pay for the heroin.
During today’s proceedings, Munoz pled guilty to conspiracy and distribution of heroin. In entering the guilty plea, Munoz admitted to conspiring with Rivera and others to distribute approximately 119 ounces of heroin between April and July 2016, using female body carriers who would cross heroin from Mexico into the United States to give to Rivera who would then give the heroin to Munoz. Munoz also admitted that on dates from April 10, 2016, through July 11, 2016, he facilitated the sale and delivery of more than 64 grams of heroin to other individuals. Munoz’s plea agreement indicated that on July 11, 2016, Blanca Elisa Tovar, 42, of El Paso, Texas, smuggled seven ounces of heroin to the United States, intending to deliver the heroin to Rivera. However, Tovar, Rivera and Munoz were arrested and agents subsequently seized approximately $52,304, several ounces of heroin and a firearm from Munoz’s vehicle and residence. Munoz remains in custody pending a sentencing hearing which has yet to be scheduled.
The following five defendants previously entered guilty pleas in the case:
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Alberto Lozano-Morales, 43, of Sunland Park, pled guilty on Dec. 6, 2016, and faces a sentence of a year and a day in prison under the terms of his plea agreement;
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Tovar, pled guilty on Dec. 13, 2016, and faces a sentence of 24 months in prison under the terms of her plea agreement;
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Carlos Diaz, 38, of El Paso, Texas, pled guilty on Jan. 24, 2017, and faces a sentence of 18 months under the terms of his plea agreement;
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Juan Francisco Rivera pled guilty on Feb. 7, 2017, and faces a sentence of 108 months in prison under the terms of his plea agreement; and
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Armando Daniel Marquez, 54 of Sunland Park, N.M., pled guilty on Feb. 23, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement.
Three of the four remaining co-defendants have entered pleas of not guilty to the charges in the indictment; the fourth has yet to be arrested and is considered a fugitive. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The Las Cruces office of the DEA and Sunland Police Department investigated these cases with assistance from the El Paso office of the FBI, the U.S. Border Patrol, and the Gang Unit of the El Paso Police Department. Assistant U.S. Attorneys Dustin C. Segovia and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting these cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
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Las Cruces Man Pleads Guilty to Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – Eric Steven Ontiveros, 33, of Las Cruces, N.M., pled guilty today in federal court to violating the federal narcotics and firearms laws. Ontiveros entered the guilty plea without the benefit of a plea agreement.
Ontiveros was arrested on April 6, 2016, on a criminal complaint charging him with possessing distribution quantities of methamphetamine and being a felon in possession of a firearm on Oct. 5, 2015, in Doña Ana County, N.M. According to the criminal complaint, law enforcement officers discovered approximately 112.19 grams of methamphetamine, two firearms, ammunition, and drug paraphernalia in Ontiveros’ vehicle during a routine traffic stop.
Ontiveros was indicted on the same charges on July 20, 2016. According to the indictment, Ontiveros was prohibited from possessing firearms or ammunition because of his prior felony convictions for shooting at a dwelling or occupied building, aggravated assault with a deadly weapon, and being a felon in possession of a firearm. During today’s proceedings, Ontiveros pled guilty to the indictment.
At sentencing, Ontiveros faces a statutory penalty of a mandatory minimum of five years and a maximum of 40 years in prison on the methamphetamine charge and a maximum statutory penalty of ten years on the firearms charge. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Federal Grand Jury Indicts Lieutenant from Kirtland Air Force Base on Child Pornography ChargesRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has returned an indictment charging Jesse Furse, 34, with federal child pornography offenses, announced U.S. Attorney Damon P. Martinez, New Mexico Attorney General Hector H. Balderas, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, Special Agent Philip J. Davis of the Air Force Office of Special Investigations (AFOSI), and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD).
The nine-count indictment, which was filed yesterday and publicly posted earlier today, charges Furse with eight counts of distributing visual depictions of minors engaged in sexually explicit conduct, and one count of possessing visual depictions of minors engaged in sexually explicit conduct. The indictment charges Furse with distributing child pornography on eight occasions between Oct. 2015 and Jan. 2016, and with possessing child pornography between May 2014 and Jan. 2016. According to the indictment, Furse committed the nine crimes in Bernalillo County, N.M. At the time, Furse, a lieutenant with the U.S. Air Force, was stationed at Kirtland Air Force Base.
Furse was arrested on Feb. 10, 2017, on a criminal complaint alleging child pornography charges, and remains in federal custody pending trial on the charges in the indictment. Furse is scheduled for arraignment on the indictment on March 9, 2017.
Court filings indicate that the investigation of this case was initiated in Oct. 2015, when an agent with the New Mexico Internet Crimes against Children (ICAC) Task Force, who was conducting an investigation into computers in the Albuquerque-area that were receiving, sharing, possessing and/or distributing child pornography, came upon a device using a specific IP address that allegedly was being used to share child pornography. In Jan. 2016, after investigation by APD revealed that the IP address was registered to Furse at an address located on Kirtland Air Force Base, the investigation was referred to AFOSI. On Jan. 29, 2016, AFOSI obtained a search warrant from a Military Magistrate, and AFOSI and APD executed the search warrant and seized a computer and computer-related media from Furse’s residence. The FBI joined the investigation in Feb. 2016, and obtained a federal search warrant for the computer-related evidence seized from Furse’s residence in March 2016.
According to the criminal complaint, the computer-related evidence seized from Furse’s residence was encrypted, and experts at the FBI’s New Mexico Regional Computer Forensics Laboratory (RCFL) made multiple attempts to access the computer-related evidence between March 2016 and Feb. 2017. In Feb. 2017, RCFL experts were able successfully to access the computer-related evidence. The criminal complaint alleges that a preliminary review of the contents of a hard drive seized from Furse’s residence contained approximately 1400 video files consistent with child pornography.
If convicted, Furse faces a statutory mandatory minimum of five years and a maximum of 20 years of imprisonment on the distribution charges, and a statutory maximum of 20 years of imprisonment on the possession charge. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The investigation of this case, which is continuing, is being handled by the Albuquerque office of the FBI, New Mexico ICAC Task Force, AFOSI, APD, and RCFL. Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, 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 82 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.
Furse IndictmentAlbuquerque Man Pleads Guilty to Misdemeanor Charge of Assaulting Federal OfficersRead the Press Release
ALBUQUERQUE – Joe J. Zambrano, 54, of Albuquerque, N.M., pled guilty today in federal court to a misdemeanor charge of assaulting, resisting and impeding federal officers 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. During today’s proceedings, Zambrano pled guilty to the information. and admitted that on Jan. 15, 2017, he nearly struck a Park Ranger 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.
Zambrano remains in federal custody pending a sentencing hearing, which has yet to be scheduled. At sentencing, Zambrano faces a maximum statutory penalty of a year of imprisonment.
This case was investigated by the National Park Service and was prosecuted
Alaska Woman Sentenced to Five Years for Federal Narcotics Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Katrina Tiana Brown, 33, of Anchorage, Alaska, was sentenced today in federal court in Albuquerque, N.M., to 60 months in prison for her conviction on a federal narcotics trafficking charge. She will be on supervised release for four years after completing her prison sentence.
Brown was arrested in Dec. 2015, and charged by indictment with possession of phencyclidine (PCP) with intent to distribute. The indictment alleged that Brown committed the crime on Feb. 8, 2013, in Bernalillo County, N.M.
On Jan. 10, 2017, Brown pled guilty to a felony information charging her with possessing distribution quantities of PCP. In entering the guilty plea, Brown admitted that on Feb. 8, 2013, she possessed more than 100 grams of PCP while at the Greyhound Bus Station in Albuquerque. Brown acknowledged that she intended to distribute the PCP to others.
This case was investigated by the Albuquerque office of the DEA and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Tohatchi Man Pleads Guilty to Federal Murder ChargeRead the Press Release
ALBUQUERQUE – Dennison Hale, 44, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., pled guilty today in federal court in Albuquerque, N.M., to a second degree murder charge. Under the terms of his plea agreement, Hale will be sentenced within the range of 180 to 240 months in federal prison followed by a term of supervised release to be determined by the court.
Hale was arrested on Feb. 23, 2016, by the FBI on a criminal complaint alleging that he murdered a Navajo woman on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, on Feb. 20, 2016, Hale struck the victim in the head and fled from the scene of the crime, the victim’s home in Hogsback, N.M. The victim was transported by helicopter to the hospital, where she was pronounced dead. Hale was later indicted on a murder charge on March 23, 2016.
During today’s proceedings, Hale pled guilty to a felony information charging him with second degree murder. In entering the guilty plea, Hale admitted that on Feb. 20, 2016, he killed the victim by striking her twice in the head with a crowbar. Hale 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 Department of Public Safety. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Las Cruces Man Sentenced to Prison for Conspiring to Sell 12 Grams of Methamphetamine to Undercover DEA AgentRead the Press Release
ALBUQUERQUE – Michael Angelo Strubhar, 47, of Las Cruces, N.M., was sentenced today in federal court to 41 months in prison followed by three years of supervised release for his conviction on methamphetamine trafficking charges. The sentence was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division.
Strubhar and his co-defendant Chayanne Armando Nino, 25, also of Las Cruces, were arrested in Jan. 2016, on a criminal complaint charging them with methamphetamine trafficking offenses. According to the criminal complaint, Strubhar and Nino sold methamphetamine to an undercover agent on July 13, 2015.
Strubhar and Nino subsequently were indicted on Feb. 17, 2016, and charged with conspiracy to distribute methamphetamine and distributing methamphetamine on July 13, 2015, in Doña Ana County. N.M.
On June 1, 2016, Strubhar and Nino each pled guilty to felony informations charging them with conspiracy to distribute methamphetamine and distribution of methamphetamine. Each admitted that on July 13, 2015, Nino distributed methamphetamine to Strubhar who then distributed the methamphetamine to a law enforcement agent who was acting in an undercover capacity. The weight of the methamphetamine distributed was 12.2 grams. Nino was sentenced on Feb. 22, 2017, to 120 months in prison followed by three years of supervised release.
This case was investigated by the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office.
Former Corrections Officer at Sandoval County Detention Center Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Christopher Gonzales, 20, of Rio Rancho, N.M., entered a guilty plea today in federal court in Albuquerque, N.M., to a heroin trafficking charge. At the time he committed the offense, Gonzales was a corrections officer at the Sandoval County Detention Center. Under the terms of his plea agreement, Gonzales faces up to 18 months in federal prison to be followed by a term of supervised release to be determined by the court.
Gonzales and co-defendant Fabrienne Rosalinda Morales, 39, of Peralta, N.M., were arrested in Jan. 2016, on a five-count indictment charging them with conspiracy. The indictment also charged Gonzales with possession of heroin and suboxone with intent to distribute, and Morales with distribution of heroin and suboxone. The indictment was superseded on Feb. 9, 2016, to add a third defendant, Ismael Vargas, 29, of Belen, N.M., who was charged with conspiracy. According to the superseding indictment, the three defendants committed the crimes charged on Aug. 2, 2015, in Sandoval County, N.M.
During today’s proceedings, Gonzales pled guilty to possessing heroin with intent to distribute. In entering the guilty plea, Gonzales admitted that on Aug. 2, 2015, while he was working as an officer at the Sandoval County Detention Center, he brought heroin to the Detention Center with the intention of delivering it to an inmate. A sentencing hearing has yet to be scheduled.
On Jan. 13, 2017, Morales pled guilty to distributing heroin. In entering the guilty plea, Morales admitted that on Aug. 2, 2015, she smuggled heroin into the Sandoval County Detention Center and gave it to a corrections officer. Under the terms of her plea agreement, Morales will be sentenced to not more than 24 months in federal prison followed by a term of supervised release to be determined by the court. A sentencing hearing has yet to be scheduled.
Vargas has entered a plea of not guilty and is pending trial. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Edward Han 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 Felon Pleads Guilty to Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – Nathan Jensen, 34, of Albuquerque, N.M., pled guilty today in federal court in Albuquerque, N.M., to being a felon in possession of a firearm and ammunition.
Jensen was arrested in May 2016, on a criminal complaint charging him with being a felon in possession of a firearm. According to the complaint, Jensen allegedly committed the offense while on supervised release from a prior federal conviction for being a felon in possession of a firearm.
Court records reflect that the court issued a warrant for Jensen’s arrest on May 4, 2016, based on a petition filed by the U.S. Probation Office to revoke his supervised release. The petition alleges that Jensen had been released from the custody of the U.S. Bureau of Prisons on April 25, 2016, after completing an 84-month prison sentence, with directions to report to his probation officer and a half-way house at which he was to reside for up to six-months. Jensen allegedly failed to report either to his probation officer or to the halfway house. The U.S. Marshals Service’s Southwest Investigative Fugitive Team (USMS-SWIFT) arrested Jensen on the warrant on May 16, 2016.
Jensen was subsequently indicted on June 14, 2016, and charged with being a felon in possession of a firearm. According to the indictment, Jensen was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses in the state courts of New Mexico in addition to his federal conviction for being a felon in possession of a firearm.
During today’s proceedings, Jensen pled guilty to the indictment and admitted that on May 16, 2016, members of USMS-SWIFT arrested him for violating the conditions of his supervised release. Incident to his arrest, USMS-SWIFT seized a firearm and ammunition from Jensen which he was not permitted to possess because of his status as a convicted felon. At sentencing, Jensen faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of ATF and the USMS-SWIFT. Assistant U.S. Attorney Jacob Wishard is prosecuting the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
Two Albuquerque Residents Plead Guilty to Armed Robbery of Route 66 Casino Xpress in Laguna PuebloRead the Press Release
ALBUQUERQUE – Lorenzo Chavez, 25, and co-defendant James Montano, Jr., 23, both of Albuquerque, N.M., entered guilty pleas yesterday in federal court to violating the Hobbs Act by robbing the Route 66 Casino Xpress, located in Laguna Pueblo, N.M., on Dec. 13, 2015. Chavez additionally entered a guilty plea to drug trafficking, Hobbs Act and firearms charges in a separate case.
Chavez, Montano and co-defendant Sara Ruiz, 39, of Grants, N.M., were charged in a three-count indictment filed on June 30, 2016, with conspiracy to violate the Hobbs Act, violating the Hobbs Act by robbing the Route 66 Casino Xpress, a gas station/convenience store and casino in Laguna Pueblo, at gunpoint; and brandishing a firearm during a crime of violence. The indictment alleged that the trio committed the crimes on Dec. 13, 2015, in Bernalillo County, N.M. The indictment was superseded on Feb. 7, 2017, and alleged the same offenses.
During yesterday’s proceedings, Chavez and Montano pled guilty to Count 2 of the indictment, charging them with violating the Hobbs Act by robbing the Route 66 Casino Xpress at gunpoint on Dec. 13, 2015. Chavez also pled guilty to Count 3 of the indictment, charging him with brandishing a firearm during that robbery.
In addition to his guilty plea to the two charges in the case involving the Route 66 Casino Xpress, Chavez also entered a guilty plea to a Hobbs Act and methamphetamine trafficking charges in a separate case. In that case, Chavez alone was charged in a four-count indictment filed on Feb. 24, 2016. That indictment charged Chavez with possessing distribution quantities of methamphetamine on Dec. 19, 2015, and carrying a firearm in furtherance of a drug trafficking crime. It also charged Chavez with robbing an Allsups convenience store in southwest Albuquerque on Dec. 29, 2015, and with brandishing a firearm during that robbery.
Yesterday, Chavez pled guilty to possessing almost 61 gross grams of methamphetamine on Dec. 19, 2015, which he intended to distribute to others. He also pled guilty to robbing the Allsups convenience store at gunpoint on Dec. 29, 2015.
Both Chavez and Montano remain in custody pending sentencing hearings, which have yet to be scheduled. Under the terms of his plea agreement, Chavez will be sentenced within the range of 120 to 180 months in prison. Montano faces a statutory maximum sentence of 20 years in prison.
Ruiz has entered a plea of not guilty to the charges in case involving the Route 66 Casino Xpress. She is in custody pending trial, which currently is scheduled for March 20, 2017. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case against Chavez, Montano and Ruiz, which arises from the armed robbery of the Route 66 Casino Xpress, was investigated by the Albuquerque office of the FBI and the Pueblo of Laguna Police Department, and is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Kristopher N. Houghton.
The case arising from the armed robbery of the Allsups convenience store and methamphetamine trafficking was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Letitia Carroll Simms.
Albuquerque Man Pleads Guilty to Aiding and Abetting Armed Bank RobberyRead the Press Release
ALBUQUERQUE – Christian Herrera, 20, of Albuquerque, N.M., pled guilty this morning in federal court to aiding and abetting the armed robbery of an Albuquerque-area bank.
Herrera was arrested in March 2016, on a criminal complaint charging him and four co-defendants, Greg Miera, 51, Martin Huerta, 43, Christopher Gallegos, 33, and Isaiah Gallegos, 20, all of Albuquerque, with bank robbery. According to the complaint, a source identified the co-defendants as the individuals involved in robbing the US Bank branch located at 5620 Wyoming Blvd. NE in Albuquerque, on March 30, 2016. The complaint alleged that Albuquerque Police Department (APD) officers conducted surveillance as a vehicle with four men pulled up to the US Bank on the afternoon of March 30, 2016. The complaint alleged that three of the men remained in the vehicle while the fourth entered the bank, threatened to shoot the bank employees, and demanded that two bank tellers place cash into a plastic bag.
Miera, Huerta, Herrera, Isaiah Gallegos and Christopher Gallegos were subsequently indicted on an armed bank robbery charge on April 27, 2016.
During today’s proceedings, Herrera entered a guilty plea to the indictment. In entering the guilty plea, Herrera admitted aiding and abetting the armed robbery of the U.S. Bank branch on March 30, 2016, by acting as a lookout during the robbery.
Co-defendant Huerta previously entered a guilty plea to the indictment on Sept. 9, 2016, Miera entered a guilty plea on Oct. 11, 2016, and Christopher Gallegos entered a guilty plea on Feb. 13, 2017.
At sentencing, Herrera, Christopher Gallegos, Miera and Huerta each face a statutory maximum penalty of 25 years in federal prison. The co-defendants remain in custody pending sentencing hearings.
The one remaining co-defendant has entered a plea of not guilty to the indictment. Charges in complaints and indictments are merely accusations and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case.
Navajo Man from Shiprock Sentenced for Assaulting Federal OfficerRead the Press Release
ALBUQUERQUE – Larry Lee Emerson, Jr., 36, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for assaulting a federal officer. Emerson will be on supervised release for three years after completing his prison sentence.
Emerson was arrested in Aug. 2016, on a criminal complaint charging him with assaulting a Bureau of Indian Affairs (BIA) officer on July 6, 2016, in San Juan County, N.M. Emerson assaulted the officer while the officer was attempting to arrest him.
Emerson was indicted on Aug. 23, 2016, and charged with assaulting a federal officer who was engaged in the performance of his official duties. On Nov. 28, 2016, Emerson pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Elaine Y. Ramirez prosecuted the case.
Member of Sunland Park Heroin Trafficking Ring Pleads Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Armando Daniel Marquez, 54, of Sunland Park, N.M., pled guilty today in federal court in Las Cruces, N.M., to heroin trafficking charges resulting from a DEA-led investigation targeting a heroin trafficking ring operating out of Sunland Park, N.M.
The investigation targeted a heroin trafficking organization allegedly led by Raymundo Muñoz, 68, of Sunland Park, N.M., that allegedly obtained its heroin from Juan Francisco Rivera, 60, of El Paso, Tex. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Ten alleged members of the heroin trafficking ring are charged in a 30-count indictment with participation in a heroin trafficking conspiracy and a series of substantive heroin trafficking offenses. The conspiracy charge alleges that all ten defendants conspired to distribute heroin in Doña Ana County and elsewhere between May 8, 2016 and July 12, 2016. It also includes 23 counts charging certain defendants with distributing heroin or possessing heroin with intent to distribute and six counts charging certain defendants with using communications devices (telephones) to facilitate heroin trafficking crimes.
According to the indictment, Rivera routinely supplied Muñoz with heroin, in quantities ranging from two to nine ounces, which was smuggled by couriers into the United States across the international border in El Paso. The indictment alleges that Muñoz took the heroin to his Sunland Park residence where he distributed the drugs to others. Members of the conspiracy allegedly used telephones to negotiate their heroin deals, arrange for heroin deliveries, and pay for the heroin.
During today’s proceedings, Marquez pled guilty to conspiracy, distribution of heroin and use of a communication facility to further the commission of a drug trafficking crime. In entering the guilty plea, Marquez admitted to conspiring with Munoz to distribute heroin to others between May and July 2016. More specifically, Marquez admitted that on May 26, 2016, he sold eight grams of heroin to other individuals and from May 26, 2016, through June 26, 2016, he facilitated the sale and delivery of approximately 40 to 60 grams of heroin.
Four other defendants previously have entered guilty pleas in the case. Alberto Lozano-Morales, 43, of Sunland Park, pled guilty on Dec. 6, 2016, and under the terms of his plea agreement, Lozano-Morales will be sentenced to a year and a day in prison followed by a term of supervised release to be determined by the court. Blanca Elisa Tovar, 42, of El Paso, Texas, pled guilty on Dec. 13, 2016, and under the terms of her plea agreement, Tovar will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court. Carlos Diaz, 38, of El Paso, Texas, pled guilty on Jan. 24, 2017. Juan Francisco Rivera pled guilty on Feb. 7, 2017, and under the terms of his plea agreement, Rivera will be sentenced to 108 months in prison followed by a term of supervised release to be determined by the court. Diaz, Lozano-Morales, Tovar, Rivera and Marquez are awaiting sentencing hearings which have yet to be scheduled.
The remaining co-defendants have entered pleas of not guilty to the charges in the indictment. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The Las Cruces office of the DEA and Sunland Police Department investigated these cases with assistance from the El Paso office of the FBI, the U.S. Border Patrol, and the Gang Unit of the El Paso Police Department. Assistant U.S. Attorneys Dustin C. Segovia and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting these cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Las Cruces Man Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE –Jessie Jesus Marquez, 37, of Las Cruces, N.M., was sentenced last week in federal court to 121 months in prison followed by five years of supervised release for his conviction on narcotics trafficking charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, El Paso Sector’s Chief Patrol Agent, Jeffrey D. Self of the U.S. Border Patrol, Lt. Bobby Holden, Commander of the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and Chief Pete N. Kassetas of the New Mexico State Police.
Marquez was one of 18 defendants indicted on Oct. 16, 2013, on methamphetamine trafficking charges. The 43-count indictment charged Marquez and his co-defendants with participating in a tristate drug trafficking organization that obtained methamphetamine from Arizona and Texas and distributed the drugs in Otero and Doña Ana Counties, N.M., between Jan. 2013 and June 12, 2013. Among other charges, the indictment charged Marquez with possessing methamphetamine with intent to distribute on March 16, 2013 and April 17, 2013, and with using a telephone to facilitate drug trafficking crimes on three dates in April 2013 and on June 3, 2013.
The indictment was the result of an eleven-month multi-agency investigation led by the DEA that was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. The OCDETF program is 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. During the course of the investigation, law enforcement officers seized approximately 3.3 kilograms of methamphetamine and $16,000 in cash.
Marquez’s 17 co-defendants entered guilty pleas to various counts of the indictment, and Marquez alone proceeded to trial. Marquez’s trial on the seven counts of the indictment began on Jan. 25, 2016, and concluded on Jan. 27, 2016, when the jury returned a verdict finding Marquez guilty on six of the seven counts against him and acquitting Marquez on one methamphetamine trafficking charge. The evidence at trial showed that pursuant to a Court-authorized wiretap, agents intercepted numerous communications establishing Marquez’s involvement in the conspiracy and in methamphetamine trafficking.
This case was investigated by the Las Cruces office of the DEA, the U.S. Border Patrol, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and the New Mexico State Police. Assistant U.S. Attorneys Sarah M. Davenport and Selesia Lee Winston are prosecuting the case.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Eighth Member of Taos County-Based Heroin Trafficking and Money Laundering Ring Enters Guilty PleaRead the Press Release
ALBUQUERQUE – Juanita Romero, 35, of Taos County, N.M., entered a guilty plea in federal court in Albuquerque, N.M., to a heroin trafficking charge. Juanita Romero is one of nine defendants charged with heroin trafficking and money laundering offenses as the result of a 15-month DEA-led multi-agency investigation into a heroin trafficking organization led by Ivan Romero, 40.
Juanita Romero is the eighth defendant to enter a guilty plea. Under the terms of her plea agreement, Juanita Romero faces up to 33 months in federal prison followed by a term of supervised release to be determined by the court.
Juanita Romero and seven co-defendants initially were charged with heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015. The indictment was superseded in Feb. 2016 to add Elena Carabajal, 26, as a ninth defendant and five additional charges. The superseding indictment charged Juanita Romero, Ivan Romero, and seven other defendants with conspiring to distribute heroin from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, 29, Melissa Romero, 37, and Wilma Romero, 66, with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking charges against specific defendants as well as provisions seeking forfeiture to the United States of any and all assets and property derived, either directly or indirectly, from proceeds obtained from the criminal activities charged.
During today’s proceedings, Juanita Romero pled guilty to a felony information charging her with conspiracy to distribute heroin. In entering the guilty plea, Juanita Romero admitted that in late 2014, she began obtaining heroin from Ivan Romero on a daily basis to sell to others in and around Penasco, N.M. Juanita Romero admitted that Ivan Romero allowed her to keep a small amount of heroin daily for her personal use. Juanita Romero acknowledged distributing between 100 grams and 400 grams of heroin during the period in which she participated in the conspiracy.
Seven of Juanita Romero’s co-defendants previously have entered guilty pleas in the case:
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On Dec. 5, 2016, Ivan Romero pled guilty to Counts 1 and 2 of the superseding indictment, charging him with participating in a heroin trafficking conspiracy and a money laundering conspiracy.
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Ricco Romero also pled guilty on Dec. 5, 2016, to participating in the heroin trafficking conspiracy and the money laundering conspiracy, and to possessing firearms in furtherance of his drug trafficking activities.
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Melissa Romero entered a guilty plea on Dec. 8, 2016, to Count 2 of the superseding indictment, charging her with participating in the money laundering conspiracy.
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Tyler Baker, 45, of Taos County, N.M., entered a guilty plea in October 2016 to participating in the heroin trafficking conspiracy.
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Elena Carabajal entered a guilty plea on Jan. 4, 2017, to possession of heroin with intent to distribute.
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Wilma Romero entered a guilty plea on Jan. 5, 2017, to participating in the money laundering conspiracy and possessing heroin with intent to distribute.
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Nicholas Baca entered a guilty plea on Feb. 7, 2017, to participating in a heroin trafficking conspiracy.
According to the admissions contained in the plea agreements of the defendants who have entered guilty pleas as well as other court filings, Ivan Romero was the leader of a heroin trafficking organization based in Taos County. Ivan Romero and his brother Ricco Romero were responsible for purchasing quantities of heroin from suppliers in Albuquerque and Los Lunas, N.M. Other members of the organization acted as couriers and regularly transported large quantities of heroin to Ivan Romero and Ricco Romero in Taos County. Upon receiving the bulk heroin, Ivan Romero and Ricco Romero prepared the heroin for distribution by mixing or “cutting” it with other substances, repackaged it in smaller portions, and distributed it both directly and through a network of other drug dealers. Juanita Romero was one such dealer who distributed heroin in and around Penasco.
In April 2015, law enforcement officers executed a state search warrant at Ivan Romero’s residence where they seized drug paraphernalia, 461 grams of marijuana, 30 grams of hashish, more than 300 grams of heroin and $64,920 in cash. Ivan Romero was arrested on state charges that day, and Ricco Romero subsequently assumed a greater managerial role in the heroin trafficking organization at that time.
Following Ivan Romero’s arrest on April 2, 2015, a state court set his bond at $90,000. Wilma Romero, Ricco Romero and Melissa Romero conspired to launder $90,000 in heroin proceeds to post that bond and secure Ivan Romero’s release from state custody. Ivan Romero soon violated the conditions of his release, was remanded back to state custody and a second bond was set at $150,000. In May 2015, Wilma Romero, Ricco Romero and Melissa Romero again conspired to launder an additional $150,000 in heroin proceeds to post that bond
On June 29, 2015, law enforcement agents executed a federal search warrant at Wilma Romero’s residence. In the course of that search, agents seized approximately 97.5 grams of heroin, a small amount of marijuana, drug paraphernalia, $73,288 and gold coins.
On Nov. 17, 2015 and Dec. 1, 2015, Ricco Romero distributed heroin to an individual working with law enforcement agents. Thereafter, on Dec. 18, 2015, law enforcement agents obtained and executed a federal search warrant at Ricco Romero and Carabajal’s residence and at another residence as well as at another residence where Ricco Romero and Carabajal maintained a safe. During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms.
If the plea agreements are accepted by the court: Ivan Romero will be sentenced to a prison term within the range of 120 to 144 months; Ricco Romero will be sentenced to a 120-month prison term; Carabajal will be sentenced to not more than 30 months in prison; Wilma Romero will be sentenced to not more than 24 months in prison; Melissa Romero will be sentenced to a term of probation; and Baca will be sentenced to not more than 33 months in prison. Pursuant to their plea agreements, the defendants have agreed to forfeit $431,870 in heroin proceeds and firearms to the United States.
The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Timothy S. Vasquez 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.
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Zuni Pueblo Man Sentenced to Prison for Domestic Assault by a Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Vander Tsethlikai, 53, a member and resident of Zuni Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 18 months in prison followed by three years of supervised release for his domestic assault by a habitual offender conviction.
Tsethlikai was arrested on Jan. 6, 2016, on an indictment charging him with assault of an intimate partner by a habitual offender. According to the indictment, Tsethlikai committed the offense on July 13, 2015, on Zuni Pueblo in McKinley County, N.M. Tsethlikai was charged as a habitual offender based on his two prior domestic violence convictions in Zuni Pueblo Tribal Court. Zuni Pueblo Tribal Court records reflect that Tsethlikai’s prior convictions occurred in 2010 and 2014.
On Oct. 27, 2016, Tsethlikai pled guilty to the indictment and admitted that on July 13, 2015, he assaulted the victim, his intimate partner, causing her to suffer lacerations above the right eye and on the right ear. He also acknowledged his two prior tribal court convictions.
This case was investigated by the Zuni Pueblo Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez 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.
Zuni Pueblo Man Sentenced for Conviction on Federal Firearms and Residential Burglary ChargesRead the Press Release
ALBUQUERQUE – John David Lee Bacy, 25, a member and resident of Zuni Pueblo, N.M., was sentenced today to 18 months in prison for his conviction on firearms and residential burglary charges in federal court in Albuquerque, N.M. Bacy will be on supervised release for three years after completing his prison sentence.
Bacy was charged in a three-count indictment filed on March 23, 2016, with unlawfully possessing stolen firearms on Aug. 13 and 14, 2014, and with residential burglary on Aug. 13, 2014. Bacy committed these crimes on Zuni Pueblo in McKinley County, N.M.
On July 20, 2016, Bacy pled guilty to unlawfully possessing stolen firearms and committing a residential burglary on Aug. 13, 2014. In entering the guilty plea, Bacy admitted entering a residence on the Zuni Indian Reservation, prying open a gun safe, and taking firearms without the owner’s authorization. Bacy also admitted that he attempted to pawn three of the firearms the next day.
This case was investigated by the Zuni Tribal Police Department and the McKinley County Sheriff’s Office. Assistant U.S. Attorney Joseph Spindle prosecuted the case.
U.S. Citizen Formerly Residing in Mexico Sentenced for Trafficking More Than 1,000 Pounds of Marijuana in New MexicoRead the Press Release
ALBUQUERQUE – Mario Talavera, 34, was sentenced yesterday in federal court in Albuquerque, N.M., to 78 months in prison followed by five years of supervised release for his conviction on marijuana trafficking charges. Until his arrest in this case, Talavera, a U.S. citizen, resided in Juarez, Mexico.
Talavera and eight co-defendants were charged in an indictment filed on Sept. 9, 2008, with conspiracy and marijuana trafficking offenses. The indictment was superseded on Oct. 8, 2008, to include two additional defendants. The superseding indictment charged Talavera and his ten co-defendants with conspiracy to possess more than 1000 kilograms of marijuana from March 2005 through Sept. 2008. It also charged Talavera and a co-defendant with possessing more than 100 kilograms of marijuana with intent to distribute on July 5, 2008. According to the superseding indictment, Talavera and his co-defendants committed the crimes in Bernalillo County, N.M.
Talavera was arrested on the charges in the superseding indictment in March 2015. On May 27, 2016, he pled guilty to Count 2 of the superseding indictment charging him with possession of marijuana with intent to distribute. In entering the guilty plea, Talavera admitted that on July 5, 2008, Albuquerque Police Department (APD) officers found approximately 495.91 kilograms (1,091 pounds) of marijuana hidden in the bed of his truck during a traffic stop.
To date, nine of the ten co-defendants have pled guilty and have been sentenced. Cruz Lopez-Acevedo, 41, a Mexican national, is in custody in Mexico and is pending proceedings to determine whether he will be extradited to the United States to face the charges against him in New Mexico federal court. Charges in complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and APD. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
Jicarilla Apache Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Tyson Atole, 31, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced today in federal court in Albuquerque, N.M., for a conviction on assault charges arising out of two separate incidents during which he attacked Native American women. Atole will serve a 71-month term of imprisonment followed by three years of supervised release.
Atole was arrested in Feb. 2016, on an indictment charging him with assault with a dangerous weapon, a bottle, and assault resulting in serious bodily injury. Atole committed the crimes on May 2, 2015, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
On May 16, 2016, Atole pled guilty to one count of the indictment charging him with assault with a dangerous weapon and admitted assaulting a woman with a bottle on May 2, 2015. Atole also plead guilty to a felony information charging him with assault resulting in serious bodily injury, and admitted assaulting another woman and causing her to sustain serious bodily injury by intentionally striking her with his fist on Jan. 28, 2016. Atole admitted committing both crimes on the Jicarilla Apache Indian Reservation.
This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney Joseph Spindle.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Federal and Local Authorities Caution New Mexicans Against Falling Victim to Tax ScamsRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Ismael Nevarez, Jr., Special Agent in Charge of IRS Criminal Investigation, in New Mexico and Arizona, held a press conference today to highlight schemes to steal taxpayers’ personal information and scam them out of their hard-earned money. They were joined by Chief Gorden E. Eden, Jr., of the Albuquerque Police Department and Undersheriff Greg Rees of the Bernalillo County Sheriff’s Department, whose agencies support IRS’s efforts to combat these fraudulent schemes and to educate taxpayers on how to avoid falling victim to con artists.
During the press conference, the federal and local officials discussed the three most common tax scams – phone scams, phishing and email scams, and identity theft – that taxpayers need to guard against:
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Phone Scams. Scams involving phone calls from criminals impersonating IRS agents continue to be an ongoing threat to taxpayers. The IRS has seen a surge in phone scams, which have become increasingly aggressive and threatening with con artists threatening taxpayers with arrest, deportation and license revocation. Scammers often demand money from victims to pay bogus tax bills and con the victims into sending cash, usually through wire transfers, or prepaid debit cards and gift cards. The IRS does not call taxpayers who owe taxes; it generally will mail bills to those taxpayers.
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Phishing/Email Scams. Scams involving fake emails and websites that appear to be from the IRS and are used to steal personal information. Criminals use fake emails and websites that appear legitimate but contain phony login pages in the hope that victims will provide money, passwords, Social Security numbers and other information that can be used to engage in identity theft. Scam emails can also be used to infect a taxpayer’s computer with malware that gives criminals access to the device, enabling them to access sensitive files. The IRS will never initiate contact with taxpayers by email about a bill or refund. Taxpayers should not click on an email claiming to be from the IRS.
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Identity Theft. Tax-related identity theft occurs when a criminal uses a stolen Social Security number or Individual Taxpayer Identification Number (ITIN) to file a tax return claiming a fraudulent refund. Undoing the damage caused by identity thieves is frustrating and complicated for victims, who often learn from the IRS that their identities have been stolen and misused. Identity thieves often use personal and financial information obtained through phone scams and phishing scams.
Although taxpayers encounter these fraudulent schemes throughout the year, scamming activity often peaks during tax-filing season, and taxpayers need to be constantly on their guard against these ploys, which continue to evolve and become increasingly sophisticated.
The harm to which taxpayers are exposed is illustrated by the losses suffered by victims of phone scams. The Treasury Inspector General for Tax Administration (TIGTA) reports that between Oct. 2013 and Jan. 3, 2017, over 100,000 known victims have collectively paid more than $54 million as a result of phone scams. This includes 58 known victims in New Mexico who lost a total of $172,167. These numbers, however, do not include individuals who have not reported their victimization because they are embarrassed about falling for scams; they do not know that they have been victimized; or they fail to report because they have no expectation of getting their money back.
“We want to put New Mexicans on notice about the types of tax scams out there so they can take measures to protect themselves,” said U.S. Attorney Damon P. Martinez. “We also want to put these unscrupulous scammers on notice that what they are doing is criminal and we will make every effort to prosecute them and hold them accountable.”
“Don’t be fooled by phone calls or emails by criminals impersonating IRS agents with threats or promises of a big refund if you provide them with your private information,” said Special Agent in Charge Ismael Nevarez, Jr., of IRS Criminal Investigation. “If you are surprised to get a call or email from the IRS, it almost certainly is not the real IRS. It is almost certainly a scam. The IRS generally contacts taxpayers by mail.”
“It is tax season and that means tax scam season,” said Chief Gorden E. Eden, Jr., of the Albuquerque Police Department. “Scams can occur over the phone but more are occurring through your own email. Always safeguard your personal information.”
“The Bernalillo County Sheriff’s Department fully supports the IRS’s efforts to identify, investigate and prosecute the criminals who prey on unsuspecting taxpayers,” said Undersheriff Greg Rees of the Bernalillo County Sheriff’s Department.
Taxpayers can report tax-related schemes, scams, identity theft and fraud by contacting the Treasury Inspector General for Tax Administration at: https://www.treasury.gov/tigta/ or 800-366-4484. Additional information about tax scams is available at IRS.gov and on IRS social media sites, including YouTube http://www.youtube.com/irsvideos and Tumblr http://internalrevenueservice.tumblr.com, where you can search “scam” to find all the scam-related posts.
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Albuquerque Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ALBUQUERQUE – Alexander Balding, 21, of Albuquerque, N.M., pled guilty today in federal court to possessing visual depictions of minors engaged in sexually explicit conduct.
Balding was arrested on May 4, 2016, on a criminal complaint charging him with distributing and possessing child pornography in April 2016, in Bernalillo County. The investigation into Balding began on April 6, 2016, when the FBI received a report from the Bernalillo County Sheriff’s Office (BCSO) identifying an IP address that was being used to share child pornography files. According to the criminal complaint, on April 27, 2016, investigators were able to download a number of child pornography files from the computer at the IP address.
Court filings reveal that the IP address was subscribed to a person residing in Balding’s home and the files containing child pornography were downloaded exclusively by Balding. On April 27, 2016, a search warrant was executed at Balding’s residence, and law enforcement officers seized a computer and external hard drive allegedly containing more than 100 files of child pornography. Balding was arrested that day on related state charges, which have since been dismissed in favor of federal prosecution.
Balding was indicted on May 24, 2016, and charged with distributing child pornography in April 2016 and possessing child pornography for an unknown period of time that ended on April 27, 2016. Today, Balding entered a guilty plea to the possession of child pornography charge, and admitted possessing child pornography on an external hard drive from April 6, 2016 through April 27, 2016.
Balding remains in custody pending a sentencing hearing which has yet to be scheduled. At sentencing, Balding faces a maximum of 20 years in prison followed by a term of supervised release to be determined by the court. He also will be required to register as a sex offender when he completes his prison sentence.
This case was investigated by the BCSO, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensic Lab. Assistant U.S. Attorney Jonathon M. Gerson 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 82 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.
Albuquerque Felon Sentenced to 96 Months for Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Kristian Thomas, 36, of Albuquerque, N.M., was sentenced this morning in federal court to 96 months in prison for unlawfully possessing a firearm. Thomas will be on supervised release for three years after he completes his prison sentence.
Thomas was charged by criminal complaint on March 27, 2015, with being a felon in possession of a firearm. According to the complaint, on March 26, 2015, Albuquerque Police Department (APD) officers arrested Thomas at a pawnshop on Bridge SW in Albuquerque on an outstanding warrant. The officers found a revolver in Thomas’ pants pocket during a search incident to arrest. Thomas was subsequently indicted on April 28, 2015, and charged with being a felon in possession of a firearm.
On May 25, 2016, Thomas pled guilty to the indictment, and admitted that on March 26, 2015, he possessed a revolver, which he was not permitted to possess because of his status as a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD and was prosecuted by Assistant U.S. Attorney Norman Cairns.
Thomas, whose criminal record includes convictions for armed robbery, conspiracy to commit armed robbery and attempted residential burglary, was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders 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.
Alamogordo Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Robert Alan Rutledge, 34, of Alamogordo, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 48 months in prison for his conviction on methamphetamine trafficking charges. Rutledge will be on supervised release for three years following his prison sentence.
Rutledge 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.
Rutledge was arrested on an indictment charging him and seven co-conspirators with conspiracy to distribute methamphetamine in Otero County, N.M., between April 9, 2015 and Oct. 16, 2015, and other drug trafficking offenses. On Sept. 6, 2016, Rutledge entered a guilty plea to participating in a methamphetamine trafficking conspiracy and possessing methamphetamine with intent to distribute. In his plea agreement, Rutledge admitted that in Aug. and Sept. 2015, he obtained more than 50 grams but less than 200 grams of methamphetamine from a co-defendant, which he sold to other individuals. Rutledge further admitted that on Aug. 29, 2015, he sold 18 grams of methamphetamine to another individual.
Seventeen of the 18 federal defendants have entered guilty pleas. One federal defendant has entered a not guilty plea. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
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. Attorneys Terri J. Abernathy and Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the federal cases, and Mescalero Tribal Prosecutor Melissa Chavez is prosecuting the tribal cases.