District of New Mexico
Press releases recorded for this federal judicial district.
Las Cruces Man Pleads Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jimmy Alex Barela, Jr., 38, of Las Cruces, N.M., pled guilty today in federal court to methamphetamine and heroin trafficking charges. The guilty plea was entered without the benefit of a plea agreement.
Barela was arrested on Sept. 30, 2016, on a criminal complaint charging him with possession of methamphetamine and heroin with intent to distribute on March 2, 2016, in Dona Ana County, N.M. According to the complaint, law enforcement agents found a total of 425.5 grams of methamphetamine and 95.6 grams of heroin when they conducted a traffic stop on Barela’s vehicle and executed a search warrant at his residence.
During today’s proceedings, Barela pled guilty to a felony information charging him with possession of methamphetamine and heroin with intent to distribute. At sentencing, Barela faces a statutory mandatory minimum penalty of ten years and a maximum of life in prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. Assistant U.S. Attorney Mark A. Saltman 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.
The case is being prosecuted as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Former Pharmacy Technician from Carlsbad Pleads Guilty to Misdemeanor Crime for Unlawful Possession of OxycodoneRead the Press Release
ALBUQUERQUE – Amber Kay Otero, 31, of Carlsbad, N.M., pled guilty today in federal court in Las Cruces, N.M., to the misdemeanor offense of unlawfully possessing a controlled substance.
Otero was arrested on Sept. 23, 2016, following an investigation initiated after the DEA received a report of theft or loss of controlled substances from the Southwest Pharmacy located at 2402 West Pierce Street in Carlsbad. According to the criminal complaint, Otero was employed as a pharmacy technician at Southwest Pharmacy and allegedly stole approximately 20,344 oxycodone tablets of various strengths.
During today’s proceedings, Otero pled guilty to a misdemeanor information charging her with unlawful possession of a controlled substance. In entering the guilty plea, Otero admitted that from May 2012 through April 2015, she was employed as a pharmacy technician at the Southwest Pharmacy in Eddy County, N.M. She further admitted that on Jan. 15, 2015, she intentionally took oxycodone pills from a bottle at Southwest Pharmacy for her own consumption.
At sentencing, Otero faces a statutory maximum penalty of one year in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the DEA’s Tactical Diversion Squad in El Paso, Texas, and the Pecos Valley Drug Task Force.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Assistant U.S. Attorney Matthew Beck of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque Man Sentenced to Prison for Armed Robbery of Walmart StoreRead the Press Release
ALBUQUERQUE – Henry Lujan, 23, of Albuquerque, N.M., was sentenced today in federal court to 87 months in prison for violating the Hobbs Act by participating in the armed robbery of a Walmart store in Albuquerque in Oct. 2014. Henry Lujan will be on supervised release for three years after completing his prison sentence.
On Jan. 21, 2015, Henry Lujan and five co-defendants were charged with violating the Hobbs Act and federal firearms laws in a five-count indictment. Count 1 charged Castillo and five other Albuquerque residents, Raymond Castillo, 27, Reyes Lujan, 27, Daniel Maestas, 36, Johnny Ramirez, 31, and Frank Gallegos, 31, with conspiring to violate the Hobbs Act. Count 2 charged the six men with violating the Hobbs Act by robbing a Walmart Store in Bernalillo County, N.M., on Oct. 29, 2014. Count 3 charged Castillo with brandishing a firearm during the robbery of the Walmart store, and Count 4 charges Maestas with using and carrying a firearm during the robbery. Count 5 charged Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.
The indictment was superseded in May 2015, by adding a new defendant, Reynaldo Marquez, 26, of Albuquerque, and two new counts. One of the new counts charged Castillo and Marquez with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County on Dec. 7, 2014. The other charged Marquez with discharging a firearm during that robbery.
On Aug. 3, 2016, Henry Lujan pled guilty to Count 2 of the superseding indictment charging him with aiding and abetting an interference with interstate commerce. In entering the guilty plea, Henry Lujan admitted that on Oct. 29, 2014, he and his co-defendants stole a safe filled with money and other valuables during the armed robbery of a Walmart.
Henry Lujan’s six co-defendants previously have entered guilty pleas. Reyes Lujan was sentenced on March 8, 2016, to 71 months in prison followed by three years of supervised release, Gallegos was sentenced on Sept. 8, 2016, to 71 months in prison followed by three years of supervised release, Ramirez was sentenced on Oct. 6, 2016, to 71 months in prison followed by three years of supervised release, and Reynaldo Marquez was sentenced on Dec. 1, 2016, to 120 months in prison followed by five years of supervised release, and Raymond Castillo was sentenced on Dec. 8, 2016, to 216 months in prison followed by three years of supervised release. The remaining co-defendant is in custody pending a sentencing hearing.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Four Facing Federal Robbery, Prescription Opioid and Firearms Charges Arising Out of Armed Robbery of Pharmacy in RatonRead the Press Release
ALBUQUERQUE – Four men made their initial appearances in federal court in Albuquerque, N.M., this morning on a criminal complaint charging them with crimes arising out of the Dec. 3, 2016, armed robbery of a pharmacy in Raton, N.M. The four men, who were arrested on the federal charges on Dec. 16, 2016, remain in custody pending preliminary and detention hearings scheduled for later this week.
The federal charges against Antoine Mitchell, 28, Moses Dickens, 30, and Justin Harris, 25, all of Albuquerque, and Christopher Dominguez, 26, of Mountainair, N.M., were announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, Chief John Garcia of the Raton Police Department and Colfax County Sheriff Rick Sinclair.
The criminal complaint charges Mitchell, Dickens, Dominguez and Harris with conspiring to rob a business engaged in interstate commerce, possessing Oxycodone with intent to distribute, and brandishing firearms during a crime of violence. According to the criminal complaint, which is attached, the four defendants committed the offenses by robbing the Medicine Shoppe Pharmacy located at 1275 S. 2nd Street in Raton, at gunpoint on Dec. 3, 2016.
The four defendants were charged with local charges by the 8th Judicial District Attorney’s Office following their arrests on Dec. 3, 2016. The state charges will be dismissed in favor of federal prosecution.
The federal charges in the criminal complaint carry the following statutory maximum penalties on conviction: 20 years of imprisonment for conspiracy to rob a business engaged in interstate commerce, and 20 years of imprisonment for possession of Oxycodone with intent to distribute. The penalty for a conviction for brandishing a firearm during a crime of violence is a mandatory minimum of seven years in prison to be served consecutive to any prison sentence imposed on the other charges.
Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque, Raton Police Department, Colfax County Sheriff’s Office and the Trinidad (Colorado) Police Department, with assistance from the 8th Judicial District Attorney’s Office. DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley are prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Mitchell ComplaintFarmington Man Pleads Guilty to Violating Federal Drug Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – David Kingsbeck 43, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal drug trafficking and firearms laws under a plea agreement with the U.S. Attorney’s Office.
Kingsbeck was arrested on March 4, 2016, on a criminal complaint charging him with trafficking methamphetamine in San Juan County, N.M. According to the complaint, Kingsbeck sold approximately 57 grams of methamphetamine to an undercover law enforcement agent on Feb. 16, 2016.
Kingsbeck and his co-defendant Rupesh Bhakta, 38, also of Farmington, were subsequently indicted on March 23, 2016. Kingsbeck was charged individually with being a felon in possession of a firearm on July 1, 2015 and Dec. 30, 2015, and distribution of heroin on Dec. 30, 2015. Bhakta and Kingsbeck were charged jointly with conspiracy and distribution of methamphetamine on Feb. 16, 2016. According to the indictment, the offenses took place in San Juan County. Kingsbeck was prohibited from possessing firearms and ammunition because of his prior felony convictions for criminal conspiracy theft and escape attempt from felony.
During today’s proceedings, Kingsbeck pled guilty to distributing heroin and being a felon in possession of a firearm and ammunition. In entering the guilty plea Kingsbeck admitted that on Dec. 29, 2015, he sold approximately 12.8 grams of heroin and a firearm and ammunition to an undercover law enforcement agent. Kingsbeck further admitted that he was prohibited from possessing firearms or ammunition on Dec. 29, 2015, because of his prior felony convictions.
At sentencing, Kingsbeck faces a statutory maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
On Dec. 8, 2016, Bhakta pled guilty to an information charging him with distribution of methamphetamine. In entering the guilty plea, Bhakta admitted that on Feb. 16, 2016, he distributed methamphetamine to an undercover law enforcement agent. Under the terms of his plea agreement, Bhakta will be sentenced within the range of 24 to 60 months in federal prison. Bhakta remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
El Paso Woman Pleads Guilty to Participating in Doña Ana County Cocaine Trafficking RingRead the Press Release
ALBUQUERQUE – Gabriela Castro, 24, a legal permanent resident from El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to participating in a conspiracy to distribute cocaine in Doña Ana County, N.M.
Castro was arrested in Sept. 2016, on an indictment alleging cocaine trafficking charges. The 18-count indictment is the result of a six-month investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, targeting a drug trafficking organization allegedly led by Joel Ibarra-Torres, 46, a Mexican national, that allegedly distributed cocaine in Doña Ana County.
The indictment alleged that Ibarra-Torres and seven co-conspirators, including several members of Ibarra-Torres’ family, participated in a cocaine trafficking conspiracy that existed from at least March 31, 2016 until Sept. 20, 2016. The indictment also alleged that Ibarra-Torres and two of his co-defendants participated in an international money laundering conspiracy. It also charged certain of the defendants with substantive cocaine trafficking offenses and with using telephones to facilitate their drug trafficking activity. The indictment included forfeiture provisions that seek the forfeiture of at least $31,620, constituting proceeds of the defendants’ alleged criminal activities, to the United States.
During today’s proceedings, Castro pled guilty to Count 1 of the indictment charging her with conspiracy to distribute cocaine. In entering the guilty plea, Castro admitted that on Aug. 26, 2016, she attempted to smuggle approximately 250 grams of cocaine into the United States from Mexico in exchange for payment. At sentencing, Castro faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
The remaining co-defendants with the exception of Ibarra-Torres who has yet to be arrested and is considered a fugitive, have entered pleas of not guilty pending trial. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The investigation leading to the indictment was conducted by the Las Cruces office of the DEA, the U.S. Border Patrol and the FBI. The case is being prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch office.
Albuquerque Resident Sentenced to Prison for Violating Federal Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Ray Martinez, 44, of Albuquerque, N.M., was sentenced Dec. 15, 2016, in federal court to 77 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Martinez and his co-defendants Simon A. Shields, 36 and David Corral-Valenzuela, 44, 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.
Martinez and Shields were arrested in July 2016, on an indictment charging them with conspiracy and methamphetamine trafficking charges. The indictment was subsequently superseded on July 28, 2016, to include Corral-Valenzuela. The superseding indictment charged Martinez and Shields with conspiracy to distribute methamphetamine and distribution of methamphetamine on June 13, 2016, Shields and Corral-Valenzuela with conspiracy and distribution of methamphetamine on June 21, 2016, and Corral-Valenzuela with being an alien in possession of a firearm and illegal reentry into the United States on July 6, 2016. The superseding indictment included forfeiture provisions requiring the co-defendants to forfeit $6,550 to the United States.
On Sept. 2, 2016, Martinez pled guilty to one count of distribution of methamphetamine, and admitted that on June 13, 2016, he distributed more than 50 grams of methamphetamine.
Martinez is the first defendant to be sentenced of the 104 defendants charged as a result of the ATF investigation. To date, 19 of the 104 defendants have entered guilty pleas. The remaining defendants, including Martinez’s co-defendants Shields and Corral-Valenzuela, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque offices of ATF and DEA. Assistant U.S. Attorneys Kimberly A. Brawley and Paul Mysliwiec are prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Edward Kriglstein, 50, of Albuquerque, N.M., pled guilty Dec. 16, 2016, in federal court to a federal methamphetamine trafficking charge. Under the terms of his plea agreement, Kriglstein will be sentenced to 120 months in prison followed by a term of supervised release to be determined by the court.
Kriglstein was arrested in Feb. 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Feb. 8, 2016, in Bernalillo County, N.M. According to the complaint, law enforcement officers executed an arrest warrant on Kriglstein and subsequently seized approximately 153.5 gross grams of methamphetamine, marijuana, cash and drug paraphernalia pursuant to Kriglstein’s arrest. Kriglstein was indicted on the same charge on Feb. 24, 2016.
On Dec. 16, 2016, Kriglstein pled guilty to the indictment and admitted that on Feb. 8, 2016, law enforcement seized approximately 107.4 grams of pure methamphetamine from him during the execution of an outstanding arrest warrant on Kriglstein for a prior criminal conviction. Kriglstein remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.
Shiprock Man Sentenced to Prison for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Henderson Shorty, 53, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 30 months in prison followed by five years of supervised release for his conviction on an abusive sexual contact charge. Shorty also will be required to register as a sex offender after he completes his prison sentence.
Shorty was arrested in Feb. 2016, on an indictment charging him with abusive sexual contact. The indictment charged Shorty with sexually abusing a child under the age of 12 years on Jan. 24, 2013, in Indian Country in McKinley County, N.M.
On July 1, 2016, Shorty pled guilty to an abusive sexual contact charge in a felony information. In entering the guilty plea, Shorty admitted that from Jan. 1, 2013 through March 31, 2013, he had sexual contact with a child under the age of 12. Shorty admitted committing the crime on the Navajo Indian Reservation.
This case was investigated by the Farmington office of the FBI. The case was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Albuquerque Man Sentenced to Prison for Federal Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Bart Dutch Marshall, 61, of Albuquerque, N.M., was sentenced today in federal court to 66 months in prison followed by three years of supervised release for his methamphetamine trafficking and firearms conviction.
Marshall was arrested on March 23, 2015, on an indictment charging him with possession of methamphetamine with intent to distribute and using firearms during and in relation to a drug trafficking crime on April 3, 2014, in Bernalillo County, N.M.
On July 19, 2016, Marshall pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and possessing firearms during and in relation to a drug trafficking crime. In entering the guilty plea, Marshall admitted that on April 3, 2014, the Albuquerque Police Department executed a search warrant on his residence and found over 80 grams of pure methamphetamine, which he intended to sell to others. Marshall further admitted that he had a number of firearms in his residence which he possessed for his protection as part of the drug trade.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Jacob Wishard prosecuted the case.
Albuquerque Man Pleads Guilty to Unlawfully Possessing a Firearm and Ammunition in McKinley CountyRead the Press Release
ALBUQUERQUE – Cowey Edsitty, 32, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws.
Edsitty was arrested in July 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 3, 2016, in McKinley County, N.M. According to court documents, Edsitty was prohibited from possessing firearms or ammunition because of his prior felony convictions for residential burglary, assault with intent to commit a violent felony, aggravated battery and aggravated fleeing a law enforcement officer.
During today’s proceedings, Edsitty pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Edsitty faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the McKinley County Sheriff’s Office. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.
Acoma Pueblo Man Sentenced to Prison for Domestic Assault by a Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Darrell Chino, Jr., 34, an enrolled member of Acoma Pueblo who resides in Acomita, N.M., was sentenced today in federal court in Albuquerque, N.M., to 57 months in prison followed by three years of supervised release for his domestic assault by a habitual offender conviction.
Chino was arrested on Sept. 23, 2015, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on Aug. 18, 2015, in Cibola County, N.M. According to the complaint, on Aug. 18, 2015, Chino assaulted an Acoma Pueblo woman by placing his hands around the victim’s throat, shoving her to the ground and attempting to kick her. Chino was subsequently indicted on the same charge on Sept. 22, 2015. Court records indicate that Chino had previously been convicted of assault against a household member in 2011 and 2012, in the 2nd Judicial District Court for the State of New Mexico.
On April 7, 2016, Chino pled guilty to a felony information charging him with domestic assault by a habitual offender and admitted that on Aug. 18, 2015, he assaulted his intimate partner by grabbing her throat and throwing her to the ground causing her to suffer bodily injury. Chino committed the crime in Acoma Pueblo in Cibola County. Chino also acknowledged that he had at least two prior domestic assault convictions.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Sarah Mease.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Isleta Pueblo Man Sentenced to 20 Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Patrick Carpio, 70, a member and resident of Isleta Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 20 years in prison followed by a lifetime of supervised release for his conviction on child sexual abuse and sexual contact charges. Carpio will be required to register as a sex offender after he completes his prison sentence.
Carpio was arrested on May 1, 2015, on a four-count indictment charging him with three counts of abusive sexual contact and one count of aggravated sexual abuse. The indictment charged Carpio with sexually abusing an Indian child who had not reached the age of 12 years on three occasions between Jan. 1999 and Nov. 2002. It also charged Carpio with sexually abusing a second Indian child who was between the age of 12 and 16 years in March 2013. According to the indictment, Carpio committed the crimes in Indian Country in Bernalillo County, N.M. A superseding indictment was filed on Feb. 24, 2016, charging Carpio with the same offenses.
On April 28, 2016, Carpio pled guilty to Counts 3 and 4 of the superseding indictment charging him with aggravated sexual abuse and abusive sexual contact. In his plea agreement, Carpio admitted engaging in a sexual act with a ten-year-old Indian child in 2002. He also admitted having sexual contact with a 12-year-old Indian child in March 2013. Carpio admitted committing the crimes in the Pueblo of Isleta.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services. The case was prosecuted by Assistant U.S. Attorney Sarah Mease as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Farmington Woman Sentenced to 13 Years for Distributing Child PornographyRead the Press Release
ALBUQUERQUE – Tristalyn Valencia, 30, of Farmington, N.M., was sentenced today in federal court in Santa Fe, N.M., to 13 years in prison followed by five years of supervised release for her conviction on a distribution of child pornography charge. Valencia will be required to register as a sex offender upon her release from prison.
The sentence was announced by U.S. Attorney Damon P. Martinez, 11th Judicial District Attorney Robert P. “Rick” Tedrow, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., and San Juan County Sheriff Ken Christesen.
Valencia was arrested on Dec. 24, 2015, on an indictment charging her with nine counts of producing visual depictions of a minor engaged in sexually explicit conduct. According to the indictment, Valencia committed the crimes between May 2012 and Aug. 2012 in San Juan County, N.M.
On April 13, 2016, Valencia pled guilty to a felony information charging her with distribution of child pornography. In entering the guilty plea, Valencia admitted that from June 1, 2012 through June 30, 2012, she distributed nine images containing child pornography. Each image depicted the same victim, who was under the age of 12 years, engaged in sexually explicit conduct. Some of the images depicted the victim engaged in sexually explicit conduct with an adult male.
This case was investigated by the Albuquerque and Phoenix offices of HSI and the San Juan County Sheriff’s Office with assistance from the 11th Judicial District Attorney’s Office in Farmington.
Assistant U.S. Attorney Sarah Mease prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Two More Albuquerque Residents Plead Guilty to Violating Federal Drug Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Two more Albuquerque residents pled guilty today in federal court to violating federal drug trafficking and firearms laws. Mike Jensen, 33, pled guilty to violating federal firearms laws, and Bernadette Aurora Tapia (Tapia), 48, pled guilty to a methamphetamine trafficking charge.
Jensen and Tapia 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.
Jensen was arrested in July 2016, on an indictment charging him with methamphetamine trafficking and firearms charges. The indictment was subsequently superseded on Aug. 9, 2016, to include a co-defendant, Michael Ryan Prost, 36. The superseding indictment charged Jensen and Prost with conspiring to distribute methamphetamine from May 9, 2016 through May 25, 2016, and distributing methamphetamine on May 9, 2016. Jensen was charged individually with possession of a stolen firearm and carrying a firearm in relation to a drug trafficking crime on May 9, 2016, and distributing methamphetamine on May 25, 2016. Today, Jensen pled guilty to carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Jensen admitted that on May 9, 2016, he possessed a firearm in relation to the distribution of more than 50 grams of methamphetamine.
Tapia and her co-defendants Gaspar Leal, 46, Brandon Candelaria, 21, and Candace Tapia, 21, were charged by indictment on July 12, 2016, with conspiracy and distribution of methamphetamine on June 8, 2016, in Bernalillo County. Today, Tapia pled guilty to conspiracy and admitted that on June 8, 2016, she agreed with others to distribute methamphetamine to another person.
At sentencing, Jensen faces a statutory minimum penalty of five years in federal prison. Tapia faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison. Both remain in custody pending sentencing hearings which have yet to be scheduled.
To date, 19 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas. The remaining defendants, including Jensen’s and Tapia’s co-defendants, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque offices of ATF. The case against Jensen and Prost is being prosecuted by Assistant U.S. Attorney Edward Han, and the case against Tapia, Leal, Candelaria and Candace Tapia is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.
Navajo Man from Farmington Sentenced to Seventeen and a Half Years in Federal Prison for Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Ferguson Pierce, 52, an enrolled member of the Navajo Nation who resides in Farmington, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 210 months in prison followed by ten years of supervised release for his conviction on an aggravated sexual abuse charge. Pierce will also be required to register as a sex offender after he completes his prison sentence.
The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety.
Pierce was arrested in Nov. 2015, on a criminal complaint alleging that he sexually assaulted and raped a Navajo woman in San Juan County, N.M., on the Navajo Indian Reservation, on July 6, 2015. Pierce was indicted on Aug. 25, 2015, and charged with aggravated sexual abuse.
On June 6, 2016, Pierce pled guilty to a felony information charging him with aggravated sexual abuse. In entering the guilty plea, Pierce admitted that on July 6, 2015, he forced his way into the victim’s residence and sexually assaulted the victim.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.
Assistant U.S. Attorney David Adams prosecuted the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Navajo Man Pleads Guilty to Being Accessory After the Fact and Impeding Investigation of Murder in FruitlandRead the Press Release
ALBUQUERQUE – Maynard Shirley 37, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., pled guilty today in federal court in Albuquerque, N.M., to being an accessory after the fact and impeding an investigation into a murder and assault which occurred in Fruitland, N.M., on March 21, 2015. Under the terms of his plea agreement, Maynard Shirley will be sentenced to 42 months in prison followed by a term of supervised release to be determined by the court.
According to court filings, Maynard Shirley and his brothers Elijah Shirley, 31, and Michael Shirley, 32, were charged with murdering a Navajo man and assaulting the murder victim’s father. According to the criminal complaint, the defendants committed the crimes on March 21, 2015, in Fruitland, N.M., in San Juan County, N.M. Maynard Shirley, Elijah Shirley and Michael Shirley were indicted on April 14, 2015, and charged with killing one victim by stabbing him with a knife, and assaulting the second victim with a dangerous weapon and causing him to suffer serious bodily injury.
During today’s proceedings, Maynard Shirley pled guilty to a felony information charging him with being an accessory after the fact as 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.
Michael Shirley pled guilty on Sept. 21, 2016, to an information charging him with being an accessory after the fact. Under the terms of his plea agreement, Michael Shirley will be sentenced to 63 months in prison followed by a term of supervised release to be determined by the court.
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. Under the terms of his plea agreement, Elijah Shirley will be sentenced to 121 months in prison followed by a term of supervised release to be determined by the court.
Maynard Shirley, Elijah Shirley and Michael Shirley all remain in custody pending sentencing hearings, which have yet to be scheduled.
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 are being prosecuted by Assistant U.S. Attorneys Niki Tapia-Brito and Nicholas Marshall.
Former Santa Fe Pharmacist Pleads Guilty and is Sentenced for Conviction on Misdemeanor Charge of Dispensing Testostorone Without a PrescriptionRead the Press Release
ALBUQUERQUE – David Nunez of Santa Fe, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to the misdemeanor offense of dispensing a controlled substance, testosterone, without a prescription. Nunez was a licensed pharmacist and the owner of a pharmacy in Santa Fe at the time he committed the crime.
Immediately following the entry of the guilty plea, a U.S. Magistrate Judge sentenced Nunez under the terms of his plea agreement to a three-year term of probation during which he may not re-apply for a pharmacist license or a DEA registration to dispense controlled substances. Nunez also was ordered to perform 100 hours of community service during his probationary term.
Nunez was charged in Nov. 2015, in a criminal complaint with unlawfully dispensing testosterone without a prescription, possession of a controlled substance (testosterone) with intent to distribute, and conspiracy. According to the criminal complaint, in 2011, when Nunez was a licensed pharmacist and owner of a pharmacy in Santa Fe, he leased space in his pharmacy to another person (lessee) with the understanding that the lessee would use the space to compound bio-identical hormone replacement creams for distribution by the lessee’s own company. Nunez agreed to supervise the lessee’s compounding operations and permitted the lessee to use his DEA registration number to order testosterone, a controlled substance, for use in the lessee’s compounding operation.
During today’s change of plea hearing, Nunez pled guilty to a misdemeanor information charging him with the unlawful dispensing of a controlled substance without a prescription. In his plea agreement, Nunez admitted leasing space to the lessee for the purpose of compounding medications. Nunez further admitted that in May 2011, he received more than a kilogram of testosterone at his pharmacy which had been ordered by the lessee’s employees using Nunez’s DEA registration number. Nunez provided the testosterone to the lessee even though he did not process any specific prescriptions for any patients for the testosterone and was not aware of any specific prescriptions for the medication.
The New Mexico Board of Pharmacy suspended Nunez’s pharmacist license in June 2015 as the result of a separate investigation and he subsequently sold his pharmacy.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Food and Drug Administration and the New Mexico Board of Pharmacy. The case was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Davon Lymon Pleads Guilty to Another Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – Davon Lymon, 35, of Albuquerque, N.M., pleaded guilty this afternoon to violating the federal firearms laws by unlawfully possessing a firearm on May 27, 2016. The charge to which Lymon entered a guilty plea today is Count 2 of a four-count superseding indictment charging Lymon with violating the federal firearms laws.
Chief U.S. District Judge M. Christina Armijo previously returned a guilty verdict against Lymon on Count 4 of the four-count superseding indictment on Oct. 28, 2016. Count 4 charged Lymon with being a felon in possession of a firearm and ammunition on Oct. 21, 2015, the day on which he allegedly shot Officer Daniel Webster of the Albuquerque Police Department (APD). Officer Webster died on Oct. 29, 2015, as a result of injuries he allegedly sustained during the shooting, and Lymon has been charged with murdering Officer Webster in a separate state case. Lymon has yet to answer to the murder charged in state court and is presumed innocent unless found guilty.
Under the terms of the plea agreement pursuant to which Lymon entered today’s guilty plea, the United States will dismiss Counts 1 and 3 of the superseding indictment after Lymon has been sentenced on Counts 2 and 4. Count 1 charged Lymon with unlawfully possessing a firearm on May 27, 2015 and Count 3 charged him with unlawfully possessing a stolen firearm in May 2015.
The aforementioned four-count superseding indictment was filed in one of the two federal cases against Lymon, a prior felon with convictions for voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud, and forgery.
In the second federal case, Lymon was charged with distributing heroin on Sept. 11, 2015 and Oct. 2, 2015, and unlawfully possessing a firearm on Oct. 2, 2015, in Bernalillo County, N.M. Lymon pled guilty to the three charges in the heroin trafficking case on May 9, 2016, without the benefit of a plea agreement.
At sentencing, which has not been scheduled, Lymon faces a statutory maximum penalty of ten years in prison on each of the three firearms charges on which he has been convicted. Lymon also faces a statutory maximum penalty of 20 years in prison on the two heroin trafficking charges.
The Albuquerque office of ATF and APD investigated the firearms case, with assistance from the Albuquerque office of the FBI, the U.S. Marshals Service, the New Mexico State Police, the Bernalillo County Sheriff’s Office, the Rio Rancho Police Department and the New Mexico Transportation Police Division. The heroin trafficking case was investigated by the Albuquerque offices of ATF and DEA.
Assistant U.S. Attorneys Jacob A. Wishard and Kimberly A. Brawley are prosecuting the two federal cases against Lymon 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 offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
Federal Jury Finds Shiprock Woman Guilty on Assault ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict this afternoon finding Cornelia Tom Tapaha, 40, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., guilty on assault charges after a six-day trial. The verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety.
Tapaha was arrested in June 2016, on an indictment charging her with assault with a dangerous weapon, a vehicle, and assault resulting in serious bodily injury. The indictment alleged that Tapaha committed the crimes on July 8, 2015, on the Navajo Indian Reservation in San Juan County, N.M.
Trial of Tapaha began on Dec. 5, 2016, and concluded this afternoon when the jury returned a verdict finding Tapaha guilty of assault and assault resulting in serious bodily injury.
The evidence at trial established that on the evening of July 8, 2016, Tapaha, the victim and another individual consumed alcohol while driving on the Navajo Indian Reservation. While Tapaha was driving and the victim was in the front passenger seat, Tapaha and the victim began arguing. Eventually Tapaha pulled over, and the victim and the other individual got out of the vehicle and began walking away. Tapaha remained in the vehicle and proceeded to run over the victim. As a result of this assault, the victim’s ribs, collar bone and ankle were broken and required surgical repair. The victim also suffered multiple lacerations requiring stitches.
At sentencing, Tapaha faces a statutory maximum penalty of ten 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 Shiprock office of the Navajo Nation Department of Public Safety. Assistant U.S. Attorneys Joseph Spindle and Novaline D. Wilson are prosecuting the case.
Members of Taos County-Based Heroin Trafficking and Money Laundering Ring Enter Guilty PleasRead the Press Release
ALBUQUERQUE – Ivan Romero, 40, the leader of a heroin trafficking organization based in Taos County, N.M. pled guilty earlier this week to federal heroin and money laundering charges filed as the result of a 15-month DEA-led multi-agency investigation. His brother, Ricco Romero, 29, and his wife, Melissa Romero, 37, also entered guilty pleas to federal charges pursuant to plea agreements with the U.S. Attorney’s Office.
Ivan Romero, Ricco Romero, Melissa Romero and five other defendants were charged in an eight-count indictment filed in Dec. 2015, that was later modified to add a ninth defendant and five additional charges by superseding indictment filed in Feb. 2016. The superseding indictment charged Ivan Romero, Ricco Romero and six other defendants with conspiring to distribute from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, Melissa Romero and one other defendant with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking and firearms charges against specific defendants, as well as forfeiture 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 a change of plea hearing on Dec. 5, 2016, Ivan Romero pled guilty to Counts 1 and 2 of the superseding indictment, which charged him with participating in a heroin trafficking conspiracy and a money laundering conspiracy. Ricco Romero also had a change of plea hearing on Dec. 5, 2016, during which he pled guilty to a felony information charging him with participation in a heroin trafficking conspiracy and a money laundering conspiracy, and to possessing firearms in furtherance of his drug trafficking activities. Melissa Romero entered a guilty plea on Dec. 8, 2016, to Count 2 of the superseding indictment, charging her with participating in a money laundering conspiracy.
According to the admissions in the plea agreements of Ivan Romero, Ricco Romero and Melissa Romero, 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.
On April 2, 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, 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. Ivan Romero, Ricco Romero, Melissa Romero and others 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, Ivan Romero, Ricco Romero, Melissa Romero and others again conspired to launder an additional $150,000 in heroin proceeds to post that bond
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’s residence and at a stash house where Ricco Romero maintained a safe. During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms.
If their 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, and Melissa Romero will be sentenced to a term of probation. Pursuant to their plea agreements, Ivan Romero, Ricco Romero and Melissa Romero have agreed to forfeit $431,870 in heroin proceeds 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.
Federal Court of Appeals Holds that Otero County Resolution Authorizing Removal of Trees from Lincoln National Forest is UnconstitutionalRead the Press Release
ALBUQUERQUE – The U.S. Court of Appeals for the Tenth Circuit has upheld the October 2015 ruling of the U.S. District Court for the District of New Mexico that an Otero County resolution permitting the removal of trees from the Lincoln National Forest is unconstitutional because it violates the Supremacy Clause of the U.S. Constitution. The Court of Appeals also agreed that the New Mexico state statute on which the Otero County resolution relied was unconstitutional because it too violated the Supremacy Clause. Both the New Mexico state statute and the Otero County resolution have been invalidated.
The lawsuit was filed in Feb. 2012, by the Justice Department on behalf of the Forest Service, an agency of the U.S. Department of Agriculture, against the State of New Mexico and the Otero County Commission. At issue in the lawsuit was the alleged authority of the State and Otero County to assert control over federal lands without the consent of the federal government, and in conflict with federal laws governing those lands.
The state statute (N.M.S.A. § 4-36-11) was enacted in 2001 and purported to authorize counties to clear undergrowth and trees on National Forest System lands without the consent of the Forest Service. In May 2011, the Otero County Commission passed the resolution claiming power to remove alleged fire hazards from federal lands within the County without first complying with federal law. The County also announced plans to cut and remove trees from more than 60,000 acres of lands on the Lincoln National Forest, without approval from the Forest Service.
In October 2015, the District Court entered an order declaring that the New Mexico statute and Otero County resolution were preempted by federal law and thus were unconstitutional. The Otero County Commission appealed this decision to the Court of Appeals. The State of New Mexico did not appeal.
On December 8, 2016, the Court of Appeals unanimously rejected the Otero County Commission’s appeal, and affirmed the District Court’s decision in its entirety. The Court of Appeals found that binding Supreme Court case law establishes that the Property Clause of the U.S. Constitution gives the federal government complete power over federal property. Thus, while State and local governments can ordinarily exercise police powers over federal land within their boundaries, those powers must yield under the Supremacy Clause when they conflict with federal law under the Property Clause. The Court stated that “[w]hen different governments differ in their assessment of danger, one must prevail, and the Supremacy Clause says that in these circumstances it must be the United States.” The Court concluded that the Otero County resolution and New Mexico state statute were unconstitutional because they were inconsistent with Forest Service regulations governing National Forests under several federal statutes enacted by Congress.
Senior Litigation Counsel David C. Shilton and Senior Trial Attorney Andrew A. Smith of the Justice Department’s Environment and Natural Resources Division, and Assistant U.S. Attorney Ruth F. Keegan of the U.S. Attorney’s Office for the District of New Mexico, represented the United States in this litigation. They were assisted by Nicholas L. Pino of the U.S. Department of Agriculture, Office of General Counsel.
Otero County OpinionAlbuquerque Resident Pleads Guilty to Violating Federal Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Shawn Anthony Burns, 31, of Albuquerque, N.M., pled guilty today in federal court to violating federal drug trafficking laws under a plea agreement with the U.S. Attorney’s Office.
Burns was 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.
Burns was arrested in July 2016, on an indictment charging him with distributing crack cocaine on April 19, 2016, April 20, 2016, and April 29, 2016, in Bernalillo County. The indictment included forfeiture provisions requiring Burns to forfeit approximately $4,000 to the United States.
During today’s hearing, Burns pled guilty to distributing crack cocaine and admitted that on April 29, 2016, he distributed 28 grams and more of crack cocaine. At sentencing, Burns faces a statutory minimum penalty of five years and a maximum penalty of 40 years in prison. A sentencing hearing has yet to be scheduled
To date, 17 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas. 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.
The case was investigated by the Albuquerque offices of ATF and DEA and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
Albuquerque Man Sentenced to 18 Years for Armed Robbery of Walmart StoreRead the Press Release
ALBUQUERQUE – Raymond Castillo, 27, of Albuquerque, N.M., was sentenced yesterday in federal court to 18 years in prison for violating the Hobbs Act by participating in the armed robbery of a Walmart store in Albuquerque in Oct. 2014. Castillo will be on supervised release for three years after completing his prison sentence.
Castillo was arrested on Dec. 12, 2014, on a criminal complaint charging him with conspiring to rob a business involved in interstate commerce at gunpoint in violation of the Hobbs Act. The criminal complaint charged Castillo and a co-conspirator with the armed robbery of convenience store located at 1111 Lomas Blvd. NW in Albuquerque on Dec. 7, 2014. The complaint further alleged that the co-conspirator, who was wearing a hooded sweatshirt and a bandana that covered his face, shot and injured the store clerk during the robbery, and that Castillo drove the co-conspirator away from the scene of the robbery.
On Jan. 21, 2015, Castillo and five co-defendants were charged with violating the Hobbs Act and federal firearms laws in a five-count indictment. Count 1 charged Castillo and five other Albuquerque residents, Reyes Lujan, 27, Daniel Maestas, 36, Johnny Ramirez, 31, Frank Gallegos, 31, and Henry Lujan, 23, with conspiring to violate the Hobbs Act. Count 2 charged the six men with violating the Hobbs Act by robbing a Walmart Store in Bernalillo County, N.M., on Oct. 29, 2014. Count 3 charged Castillo with brandishing a firearm during the robbery of the Walmart store, and Count 4 charges Maestas with using and carrying a firearm during the robbery. Count 5 charged Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.
The indictment was superseded in May 2015, by adding a new defendant, Reynaldo Marquez, 26, of Albuquerque, and two new counts. One of the new counts charged Castillo and Marquez with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County on Dec. 7, 2014. The other charged Marquez with discharging a firearm during that robbery.
On Aug. 2, 2016, Castillo pled guilty to Count 2 of the third superseding indictment charging him with violating the Hobbs Act. In entering the guilty plea, Castillo admitted that on Oct. 29, 2014, he and his co-defendants robbed a Walmart store by threatening the Walmart employees with a firearm.
Castillo’s six co-defendants previously have entered guilty pleas. Reyes Lujan was sentenced on March 8, 2016, to 71 months in prison followed by three years of supervised release, Gallegos was sentenced on Sept. 8, 2016, to 71 months in prison followed by three years of supervised release, Ramirez was sentenced on Oct. 6, 2016, to 71 months in prison followed by three years of supervised release, and Reynaldo Marquez was sentenced on Dec. 1, 2016, to 120 months in prison followed by five years of supervised release. The two remaining co-defendants are in custody pending their sentencing hearings.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Mexican National Sentenced to Ten Years in Prison for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Martin Segoviano-Fierro, 35, a Mexican national, was sentenced today in federal court in Albuquerque, N.M., to 120 months in prison for his heroin trafficking conviction. Segoviano-Fierro will be deported following his prison sentence.
Segoviano-Fierro was arrested in Sept. 2015, and charged by criminal complaint with possession of heroin with intent to distribute in Bernalillo County, N.M., on Sept. 9, 2015. According to the complaint, law enforcement officers discovered approximately one kilogram of heroin in the trunk of the vehicle in which Segoviano-Fierro was a passenger during a routine traffic stop.
Segoviano-Fierro was subsequently indicted on Oct. 7, 2015, on the same charge. On March 23, 2016, Segoviano-Fierro pled guilty to the indictment and admitted that on Sept. 9, 2015, he transported more than 100 grams of heroin into Albuquerque and was to be paid $5,000 for the delivery.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney David M. Walsh 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.
Mescalero Apache Man Sentenced for Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Dabert Wayne Comanche, 35, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 15 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Comanche will be required to register as a sex offender after he completes his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Comanche was charged in a criminal complaint on Feb. 23, 2016, with violating SORNA by failing to update his sex offender registration. On March 23, 2016, Comanche was indicted on that same charge. According to the indictment, Comanche failed to update his registration between April 7, 2014 and Feb. 20, 2016, San Juan County, N.M.
According to the criminal complaint, Comanche was convicted of sexual abuse of a minor in Indian Country in April 2003 and was sentenced to a 78-month prison term. On June 1, 2011, Comanche registered as a sex offender in Mescalero, and agreed to notify the jurisdiction to which he moved if he relocated outside of the jurisdiction. On July 6, 2016, Comanche pled guilty to the indictment and admitted that he was convicted of aggravated sexual abuse of a child in April 2003, and was required to register as a sex offender as a result of that conviction. Comanche further admitted that he last reported to the Mescalero Apache Nation on Jan. 7, 2014 and should have reported in April 2014, but failed to comply.
This case was investigated by the U.S. Marshals Service and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Nicholas Marshall prosecuted the case.
Farmington Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Rupesh Bhakta, 38, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Bhakta will be sentenced within the range of 24 to 60 months in prison.
Bhakta was arrested on March 4, 2016, on a criminal complaint charging him with trafficking methamphetamine in San Juan County, N.M. According to the complaint, Bhakta sold approximately 57 grams of methamphetamine to an undercover law enforcement agent on Feb. 16, 2016.
Bhakta and his co-defendant David Kingsbeck, 43, also of Farmington, were subsequently indicted on March 23, 2016. Kingsbeck was charged individually with being a felon in possession of a firearm on July 1, 2015 and Dec. 30, 2015, and distribution of heroin on Dec. 30, 2015. Bhakta and Kingsbeck were charged jointly with conspiracy and distribution of methamphetamine on Feb. 16, 2016. According to the indictment, the offenses took place in San Juan County. Kingsbeck was prohibited from possessing firearms and ammunition because of his prior felony convictions for criminal conspiracy theft and escape attempt from felony.
During today’s proceedings, Bhakta pled guilty to an information charging him with distribution of methamphetamine. In entering the guilty plea, Bhakta admitted that on Feb. 16, 2016, he distributed methamphetamine to an undercover law enforcement agent. Bhakta remains in custody pending a sentencing hearing which has yet to be scheduled.
Kingsbeck has entered a plea of not guilty. He remains in custody pending trial which is currently scheduled for Jan. 2017. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.
Two Albuquerque Residents Plead Guilty to Violating Federal Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Two Albuquerque residents pled guilty today to federal drug trafficking charges. Jovas Brown, 30, pled guilty to a federal methamphetamine trafficking charge and Desiree Otero, 23, pled guilty to a federal heroin trafficking charge.
Brown and Otero 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.
Brown and his co-defendant Brent Williams, 34, were arrested on July 6, 2016, on an indictment charging both with conspiracy and distribution of methamphetamine on May 16, 2016, distribution of crack cocaine on May 26, 2016, and Williams individually with distribution of methamphetamine on May 23, 2016 and June 7, 2016. During today’s change of plea hearing, Brown pled guilty to a felony information and admitted that on May 16, 2016, he distributed approximately 58.8 grams of methamphetamine.
Otero and her co-defendant Guajira Maya Lovato, 43, were charged by indictment on Aug. 9, 2016, with conspiracy to distribute heroin from July 20, 2016 through Aug. 9, 2016 and distribution of heroin on July 20, 2016. Today Otero pled guilty to possession of heroin with intent to distribute and admitted that on July 20, 2016, she distributed approximately 52 grams of heroin to an undercover law enforcement agent.
At sentencing, Brown and Otero each face a maximum penalty of 20 years in federal prison. They remain in custody pending sentencing hearings, which have yet to be scheduled.
To date, 16 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas. The remaining defendants, including Brown’s and Otero’s co-defendants, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These case were investigated by the Albuquerque offices of ATF and DEA. The case against Brown and Williams is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns, and the case against Otero and Lovato is being prosecuted by Assistant U.S. Attorney Presiliano Torrez 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.
Truth or Consequences Man Sentenced to Prison for Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Thomas Kelsa Neal, 36, of Truth or Consequences, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 100 months in prison followed by four years of supervised release for his conviction on a methamphetamine trafficking charge.
Neal was charged in a criminal complaint on Aug. 7, 2015, with possession of methamphetamine with intent to distribute in Sierra County, N.M., on Aug. 6, 2015. According to the complaint, law enforcement officers executed a search warrant at Neal’s residence where they seized approximately 438 grams of methamphetamine, large amounts of cash, drug paraphernalia, two rifles and ammunition.
On Oct. 27, 2015, Neal pled guilty to a felony information and admitted that on Aug. 6, 2015, he possessed approximately 438 grams of methamphetamine with intent to distribute to other people.
This case was investigated by the Las Cruces office of the DEA, the Sierra County Sheriff’s Office and the Truth or Consequences Police Department and is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.
Tony Torrez Arraigned on Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Tony Derrick Torrez, 33, of Albuquerque, N.M., was arraigned today in federal court on an indictment charging him with drug trafficking and firearms charges. Torrez waived a detention hearing and will remain in custody pending trial on the indictment, which has yet to be scheduled.
Torrez was charged in a federal criminal complaint in Oct. 2015, with possession of marijuana with intent to distribute and using and carrying firearms in relation to drug trafficking crimes. According to the complaint, Torrez committed these crimes on Oct. 21 and 22, 2015, in Bernalillo County, N.M. Torrez was subsequently charged in a five-count indictment with possessing marijuana with intent to distribute; maintaining a place for the purpose of distributing controlled substances; possession of cocaine, testosterone and its esters; possession of firearms and ammunition by an illegal drug user; and possessing firearms and ammunition in relation to a drug trafficking crime. Torrez allegedly committed these five crimes on Oct. 21, 2015, in Bernalillo County.
According to the criminal complaint, a federal investigation into Torrez began on Oct. 21, 2015, when the Albuquerque Police Department (APD) received a tip about a suspect who shot and killed a child during a road rage incident; the tipster provided a residential address for the suspect. Based on the tip, APD officers conducted surveillance at the residence where they observed a man, subsequently identified as Torrez, load items into a Toyota sedan. APD officers later conducted a traffic stop on the Toyota after a woman drove away from the residence in the Toyota. Shortly thereafter, APD officers conducted a traffic stop on a Lexus sedan that drove away from the residence and identified the driver as Torrez. APD sealed and towed the two vehicles to the APD Crime Lab.
The criminal complaint alleges that later on Oct. 21, 2015, APD executed a state search warrant at the aforementioned residence where they found shoe boxes containing U.S. currency, paraphernalia and other items consistent with the use of marijuana and a substance believed to be “wax,” a concentrated form of THC oil processed from the marijuana plant. Thereafter, the DEA executed a federal search at the residence and seized items and paraphernalia allegedly used for distributing marijuana and manufacturing THC “wax” and oil. DEA agents also seized the U.S. currency as well as documents and items allegedly confirming that Torrez resided at the residence.
On Oct. 22, 2015, DEA agents were present when state search warrants were executed on the Lexus and Toyota sedans. The Lexus allegedly contained a bag containing U.S. currency and a small amount of marijuana. The Toyota allegedly contained bags containing bulk marijuana and marijuana packaged for distribution, two revolvers, two assault rifles, ammunition, a bullet proof vest, a small amount of suspected cocaine, and drug paraphernalia. According to the criminal complaint, the U.S. currency seized from the residence and the Toyota totaled approximately $64,000.00.
If convicted on the charges in the indictment, Torrez faces the following statutory maximum penalties: five years in prison on the marijuana trafficking charge; 20 years in prison for maintaining drug-involved premises; one year in prison for possession of cocaine, testosterone and its esters; and ten years in federal prison for possession of firearms and ammunition by an illegal drug user. Torrez also faces a mandatory minimum of five years in prison if convicted of possessing a firearm in relation to a drug trafficking crime, which must be served consecutive to any other sentence imposed on the other charges.
Charges in criminal complaints and indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque offices of the DEA and Bureau of Alcohol, Tobacco, Firearms and Explosives and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
Prior Sex Offender from Albuquerque Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Randal Gordon Paul, 47, of Albuquerque, with federal child pornography charges. Paul was detained pending trial.
Paul was arrested on Dec. 2, 2016, on a criminal complaint alleging that he possessed and distributed visual depictions of minors engaged in sexually explicit activity from June 14, 2015 through Nov. 16, 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, allegedly 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: in 1996 for lewd and lascivious acts with a child under 14 and in 1998 for aggravated sexual abuse. On Nov. 16, 2016, law enforcement searched Paul’s residence and allegedly found a computer containing a video and at least 30 images of child pornography.
If convicted of the possession charge in the criminal complaint, Paul faces a statutory penalty of a mandatory minimum of ten years and a maximum of 20 years in prison. If convicted of the distribution charge in the criminal complaint, Paul faces a statutory penalty of a mandatory minimum of 15 years and a maximum of 40 years in prison. Paul faces enhanced penalties because of his status as a prior sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the 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 Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Phillip Larry Gonzales, 28, of Albuquerque, N.M., pled guilty today in federal court to a heroin trafficking charge. Under the terms of his plea agreement, Gonzales will be sentenced within the range of 36 to 48 months in prison followed by a term of supervised release to be determined by the court.
Gonzales was 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.
Gonzales was arrested on Aug. 10, 2016, on an indictment charging him with distribution of heroin on July 27, 2016, in Bernalillo County, N.M. The indictment included forfeiture provisions requiring Gonzales to forfeit $1,100 to the United States.
During today’s change of plea hearing, Gonzales pled guilty to the indictment. In entering his guilty plea, Gonzales admitted that On July 27, 2016, he sold approximately 26.7 grams of heroin to an undercover law enforcement agent. He remains in custody pending a sentencing hearing which has yet to be scheduled.
To date, 14 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas. 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.
The case was investigated by the Albuquerque offices of ATF and 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.
Previously Deported Mexican National Arrested on Federal Heroin Trafficking and Illegal Reentry ChargesRead the Press Release
ALBUQUERQUE – Leslye Beltran-Paez, 34, a previously deported Mexican national, made her initial appearance this morning in federal court in Albuquerque, N.M., on heroin trafficking and illegal reentry charges arising out of a seizure of more than 28 pounds of heroin on Dec. 1, 2016.
Beltran-Paez was arrested on Dec. 1, 2016, after law enforcement agents in Cibola County, N.M., allegedly seized approximately 13 kilograms (28.66 pounds) of heroin from the moving truck in which Beltran-Paez was traveling. According to the complaint, the heroin was allegedly contained in ten wrapped bundles inside a kitchen stove in the back of the moving truck. Court documents also indicate that Beltran-Paez was previously deported from the United States on June 10, 2001 and has not received permission to reenter.
Beltran-Paez remains in federal custody pending preliminary and detention hearings, which are currently scheduled for Dec. 5, 2016. If convicted of the charges in the criminal complaint, Beltran-Paez faces a statutory minimum penalty of ten years and a maximum of life in federal prison for the heroin trafficking charge and a maximum penalty of two years in federal prison for the illegal reentry of a removed alien charge. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Samuel A. Hurtado 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.
Taos County Man Pleads Guilty to Federal Burglary of a Post Office ChargeRead the Press Release
ALBUQUERQUE – Kenny Martinez, 32, of Penasco, N.M., pled guilty today in federal court in Albuquerque, N.M., to a burglary of a post office charge under a plea agreement with the U.S. Attorney’s Office.
Martinez was charged by a three-count indictment on April 12, 2016, with burglary of a post office, taking letters and packages from the post office addressed to other individuals, and destroying mail and packages addressed to other individuals. According to the indictment, Martinez committed the offenses on Nov. 13 and 14, 2012, in Taos County, N.M.
During today’s proceedings, Martinez pled guilty to a burglary of a post office charge. In entering the guilty plea, Martinez admitted that on Nov. 13 and 14, 2012, he broke into the U.S. Post Office in Penasco, opened packages and letters, and damaged the security safe. Martinez admitted breaking into the post office with the intention of finding money. Martinez further admitted causing approximately $7,243.08 in damages to the post office when he broke into the post office.
At sentencing, Martinez faces a maximum penalty of five years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Rio Rancho Man Sentenced to Prison for Robbing Bank in AlbuquerqueRead the Press Release
ALBUQUERQUE – Joshua Abeyta, 23, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison followed by three years of supervised release for his conviction on a bank robbery charge.
Abeyta was arrested on Oct. 19, 2015, on a criminal complaint charging him with robbing the Santa Fe Federal Credit Union Bank located at 7101 Jefferson St. NE in Albuquerque, earlier in the day. According to the complaint, Abeyta robbed the bank by handing a handwritten note with a robbery demand to a bank teller. The bank teller complied with Abeyta’s written and verbal robbery demands by handing money to Abeyta. Abeyta left the scene on foot and was pursued by customers of the bank before being arrested by an officer of the Albuquerque Police Department. Abeyta was indicted on the same charge on Nov. 17, 2015.
On Aug. 19, 2016, Abeyta entered a guilty plea to the indictment, and admitted robbing the Santa Fe Federal Credit Union in Albuquerque on Oct. 19, 2015.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Kimberly A. Brawley prosecuted the case.
Grants Man Sentenced to Federal Prison for Illegally Possessing a GrenadeRead the Press Release
ALBUQUERQUE – Richard Valdez, 51, of Grants, N.M., was sentenced today in federal court in Albuquerque, N.M., to 24 months in prison followed by three years of supervised release for unlawfully possessing a destructive device.
Valdez was arrested on Jan. 7, 2016, on a criminal complaint charging him with being a felon in possession of an explosive on Dec. 13, 2015, in Cibola County, N.M. According to the complaint, law enforcement officers found a M116A1 U.S. Military hand grenade simulator in Valdez’s vehicle during a traffic stop.
Valdez was subsequently indicted on the same charge on Jan. 26, 2016. According to court documents, Valdez was prohibited from possessing firearms, ammunition or explosive materials due to his prior felony convictions, which include convictions for attempted distribution of a controlled substance, receiving stolen property, burglary, breaking and entering, receiving and transferring a stolen vehicle, aggravated fleeing a law enforcement officer, and trafficking a controlled substance.
On Aug. 18, 2016, Valdez pled guilty to the indictment and admitted that on Dec. 13, 2015, law enforcement officers found a M116A1 U.S. Military grenade simulator in his vehicle.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cibola County Sheriff’s Office. Assistant U.S. Attorney Jacob Wishard prosecuted the case.
Florida Man Sentenced to Prison for Federal False Statements and Aggravated Identity Theft Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Clinton William Yetter, 51, of Gainesville, Fla., was sentenced today in Albuquerque, N.M, federal court to 48 months in prison followed by two years of supervised release for his conviction on false statements and aggravated identity theft charges.
Yetter was charged in a four-count indictment filed on May 29, 2013, with two counts of making false statements and two counts of identity fraud. The indictment alleged that Yetter made the false statements on Oct. 4, 2011 and May 2, 2012, in Bernalillo County, N.M., when applying for U.S. passports. It also alleged that Yetter used the name of another person in making the applications.
On May 2, 2016, Yetter pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the U.S. Department of State, Diplomatic Security Service and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
El Paso Man Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Johnathon Jacob Rios, 48, of El Paso, Texas, pled guilty today in federal court in Albuquerque, N.M., to a federal heroin trafficking charge.
Rios was arrested in June 2016, and was charged in a criminal complaint with a heroin trafficking offense after the DEA seized approximately 788.10 grams of heroin from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The heroin was contained in a bundle that was concealed under Rios’ clothes.
Rios was subsequently indicted on July 12, 2016, and charged with possession of heroin with intent to distribute on June 17, 2016, in Bernalillo County, N.M.
During today’s proceedings, Rios pled guilty to a felony information charging him with possession of heroin with intent to distribute. In entering the guilty plea, Rios admitted transporting 788.1 grams of heroin from Phoenix, Ariz., to Albuquerque on a Greyhound bus by concealing the heroin under his clothes.
At sentencing, Rios faces a maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Presiliano Torrez 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.
Dona Ana County Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Salvador Ortega, 36, Las Cruces, N.M., was sentenced today in federal court to 24 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Salvador Ortega and co-defendants Guillermo Ortega, 43, and Steven Roman, 28, both of Las Cruces, were charged with methamphetamine trafficking offenses in a four-count indictment filed on June 18, 2014. The indictment charged Salvador Ortega and Guillermo Ortega with distributing methamphetamine on April 2, 2014; Guillermo Ortega and Roman with distributing methamphetamine on April 2, 2014; and Guillermo Ortega with distributing methamphetamine on April 2, 2014. It also charged Guillermo Ortega with being a felon in possession of a firearm and ammunition on April 14, 2014. The indictment alleged that the three men committed these crimes in Doña Ana County, N.M.
On Jan. 21, 2016, Salvador Ortega entered a guilty plea to Count 1 of the indictment without the benefit of a plea agreement.
Roman pled guilty to Count 2 of the indictment on Sept. 23, 2015, and admitted that on April 2, 2014, he distributed 57 grams of methamphetamine to a person working with law enforcement. Roman admitted that on that day, he was contacted by an individual who wanted to purchase methamphetamine, and he in turn contacted Guillermo Ortega and arranged the deal. Roman was sentenced on May 9, 2016, to 77 months in prison followed by four years of supervised release.
Guillermo Ortega pled guilty on Sept. 3, 2015, and admitted that on April 2, 2014, he and his co-defendants distributed 95 grams of methamphetamine to a person working with law enforcement. Guillermo further admitted that on April 14, 2014, he was prohibited from being in possession of firearms or ammunition because of his previous felony conviction of felony theft. At sentencing Guillermo Ortega faces a mandatory minimum of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Cibola County Man Sentenced to Prison for Federal Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Daniel Albert Chavez, 53, of Acoma, N.M., was sentenced today in federal court in Albuquerque, N.M., to 33 months in prison for robbing a Wells Fargo Bank branch in Grants, N.M. Chavez will be on supervised release for two years following his prison sentence.
Chavez was arrested on March 29, 2016, on an indictment charging him with robbing two banks in Cibola County, N.M. According to the indictment, Chavez robbed the Bank of New Mexico branch located at 824 West Santa Fe Ave. in Grants on Feb. 20, 2015, and the Wells Fargo Bank branch located at 201 North First St. in Grants on Oct. 20, 2015.
On Aug. 2, 2016, Chavez pled guilty to one bank robbery charge, and admitted robbing the Wells Fargo Bank located at 201 North First St. in Grants, on Oct. 20, 2015.
This case was investigated by the Gallup office of the FBI and the Grants Police Department. Assistant U.S. Attorney Edward Han prosecuted the case.
Carlsbad Felon Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Eddie Leo Wyatt, 55, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.
Wyatt, whose criminal history includes four prior felony convictions for drug related offenses, was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Wyatt was arrested on Oct. 22, 2014, on a criminal complaint charging him with distributing methamphetamine in Chaves County, N.M. According to the complaint, Wyatt sold an aggregate of 213 grams of pure methamphetamine to undercover law enforcement agents during five transactions taking place between March 20, 2013 and June 13, 2013.
Wyatt was subsequently charged in a five-count indictment on Jan. 14, 2015, with distributing methamphetamine on March 26, 2013, April 2, 2013, April 9, 2013, April 23, 2013, and June 13, 2013. According to the indictment, Wyatt committed the five crimes in Chaves County.
On Sept. 11, 2015, Wyatt pled guilty to one count of distribution of methamphetamine. In entering the guilty plea, Wyatt admitted selling 58.9 grams of methamphetamine on April 9, 2013.
This case was investigated by the Las Cruces office of the FBI and the New Mexico State Police. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Albuquerque Man Sentenced to Ten Years for Discharging Firearm During Armed Robbery of Convenience StoreRead the Press Release
ALBUQUERQUE – Reynaldo Marquez, 26, of Albuquerque, N.M., was sentenced today in federal court to 120 months in prison followed by three years of supervised release for discharging a firearm during a crime of violence.
Marquez was charged in a seven-count superseding indictment that was filed on May 28, 2015. The superseding indictment added Marquez as a new defendant and two new counts to a five-count indictment previously filed on Jan. 21, 2015. The original indictment charged six Albuquerque residents – Raymond Castillo, 27, Daniel Maestas, 36, Johnny Ramirez, 33, Frank Gallegos, 31, Reyes Lujan, 27, and Henry Lujan, 23, with conspiracy, commercial armed robbery and firearms offenses.
The superseding indictment charged the original six defendants with conspiring to interfere with interstate commerce by robbing a Wal-Mart Store located in Bernalillo County, N.M., on Oct. 29, 2014. It also charged Castillo with discharging a firearm during the robbery of the Wal-Mart store; Maestas with using and carrying a firearm during the robbery; and Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery. The two new charges in the superseding indictment charged Marquez and Castillo with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County, N.M., on Dec. 7, 2014, and Marquez with discharging a firearm during that robbery.
On Sept. 1, 2016, Marquez pled guilty to Count 7 of the superseding indictment charging him with discharging a firearm during a crime of violence. In entering the guilty plea, Marquez admitted discharging a firearm during a robbery that occurred on Dec. 7, 2014.
Marquez’s six co-defendants previously have entered guilty pleas. Reyes Lujan was sentenced on March 8, 2016, to 71 months in prison followed by three years of supervised release, Gallegos was sentenced on Sept. 8, 2016, to 71 months in prison followed by three years of supervised release, and Ramirez was sentenced on Oct. 6, 2016, to 71 months in prison followed by three years of supervised release. The three remaining co-defendants are in custody pending their sentencing hearings.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average.
Albuquerque Man Pleads Guilty to Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Douglas Humilestewa, 52, 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.
Humilestewa was charged by indictment on Feb. 9, 2016, with violating SORNA by failing to update his sex offender registration on Nov. 15, 2015 or thereafter. According to the indictment, Humilestewa was required to maintain an updated sex offender registration in Bernalillo County, N.M.
During today’s proceedings, Humilestewa pled guilty to the indictment. At sentencing, Humilestewa faces a maximum penalty of ten years in federal prison. He will be required to register as a sex offender after completing his prison sentence.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney David M. Walsh.
Albuquerque Man Sentenced to Five Years for Violating Federal Firearms and Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Angelo Burdex, 29, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for violating federal firearms and drug trafficking laws. Burdex will be on supervised release for ten years after completing his prison sentence.
Burdex and his co-defendant Desmirk Sharber, 25, also of Albuquerque, were charged in separate criminal complaints in Nov. 2015, with conspiracy and distribution of crack cocaine in Oct. and Nov. 2015, in Bernalillo County, N.M. According to court documents, Burdex and Sharber distributed approximately 58 grams of crack cocaine to undercover law enforcement agents on Oct. 2, 2015.
Burdex and Sharber were subsequently indicted on Nov. 17, 2015, and charged with conspiracy to distribute crack cocaine from Oct. 2, 2015 through Nov. 2, 2015, and distribution of crack cocaine on Oct. 2, 2015 and Nov. 2, 2015. Sharber was individually charged with carrying a firearm in relation to a drug trafficking crime on Nov. 2, 2015. According to the indictment, the offenses took place in Bernalillo County.
On Aug. 26, 2016, Burdex pled guilty to an information charging him with possession of crack cocaine with intent to distribute on Oct. 2, 2015.
On July 22, 2016, Sharber pled guilty to an information charging him with distribution of crack cocaine on Nov. 2, 2015. At sentencing, Sharber faces a maximum penalty of 20 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. Assistant U.S. Attorney Norman Cairns is prosecuting the case.
Non-Native Man from Rio Arriba County Sentenced to Prison for Assaulting Native American WomanRead the Press Release
ALBUQUERQUE – Deandre Lamont Brown, 29, a non-Native man who resides in Dulce, N.M., was sentenced today in federal court in Santa Fe, N.M., to 12 months in prison for assaulting his intimate partner. Brown will be on supervised release for three years after completing his prison sentence.
Brown was arrested on April 17, 2015, on an indictment charging him with assaulting his intimate partner, an Indian woman, by strangling or suffocation. According to the indictment, Brown committed the crime on Oct. 3, 2014, on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
On Jan. 12, 2016, Brown pled guilty to the indictment and admitted assaulting the victim, a Native American woman who was his intimate partner, by strangling and suffocating her.
This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
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.
Navajo Man Pleads Guilty to Assaulting Federal OfficerRead the Press Release
ALBUQUERQUE – Larry Lee Emerson, Jr., 36, an enrolled member of the Navajo Nation who resides in Toadlena, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting a federal officer.
Emerson was arrested in Aug. 2016, on a criminal complaint charging him with assaulting a Navajo Nation police officer with a Special Law Enforcement Commission card on July 6, 2016, in San Juan County, N.M. According to the complaint, 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. During today’s proceedings, Emerson pled guilty to the indictment without the benefit of a plea agreement.
Emerson has been in custody since his arrest, and remains detained pending a sentencing hearing, which has not yet been scheduled. At sentencing, Emerson faces a maximum penalty of 20 years in federal prison.
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 is prosecuting the case.
Albuquerque Man Pleads Guilty to Violating Federal Firearms and Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Jeffrey Burlingame, 59, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms and drug trafficking laws.
Burlingame was arrested in Feb. 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute. The complaint alleged that Burlingame committed the crime on Feb. 24, 2016, in Bernalillo County, N.M. According to the complaint, on that day, law enforcement agents executed a search warrant at the Albuquerque residence of another person. The agents seized methamphetamine, cash, firearms, ammunition and drug paraphernalia from Burlingame, who was present at the time the search warrant was executed.
Burlingame was indicted on March 23, 2016, and charged with possession of methamphetamine with intent to distribute and carrying a firearm in relation to a drug trafficking crime on Feb. 24, 2016, in Bernalillo County.
During today’s proceedings, Burlingame pled guilty to carrying a firearm in relation to a drug trafficking crime and possession of methamphetamine with intent to distribute. In entering the guilty plea, Burlingame admitted that on Feb. 24, 2016, he was in possession of 450.55 grams of pure methamphetamine and a firearm and ammunition when law enforcement agents executed a search warrant at a residence in Albuquerque.
At sentencing, Burlingame faces a maximum penalty of 20 years in prison on the methamphetamine charge. He also faces a mandatory minimum penalty of five years and a maximum of life in prison on the firearms charge which must run consecutive to the sentence imposed on the methamphetamine charge. Burlingame remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Meth Trafficking ChargeRead the Press Release
ALBUQUERQUE – Willie Griffin, 44, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Under the terms of his plea agreement, Griffin will be sentenced to five years in prison followed by a term of supervised release to be determined by the court.
Griffin and his co-defendant Gonzalo Revet, 48, also of Albuquerque, 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.
Griffin was arrested on an indictment charging him with distribution of methamphetamine on April 27, 2016 and May 2, 2016. The indictment was subsequently superseded on July 28, 2016, charging Griffin and Revet with conspiracy to distribute methamphetamine between April 2016 and July 2016, and distributing methamphetamine on April 27, 2016 and May 2, 2016.
During today’s change of plea hearing, Griffin entered a guilty plea to distributing methamphetamine, and admitted that on May 2, 2016, he distributed more than 50 grams of methamphetamine. Griffin remains in custody pending a sentencing hearing, which has yet to be scheduled.
Revet has entered a plea of not guilty to the superseding indictment. Revet is currently scheduled for trial in Dec. 2016.
To date, 12 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas. 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.
The case was investigated by the Albuquerque offices of ATF and DEA, and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Albuquerque Man Charged with Using Explosive Device to Damage or Destroy Building Used in Interstate CommerceRead the Press Release
ALBUQUERQUE – David A. Hickman, 28, of Albuquerque, N.M., has been charged with using an explosive device to damage or destroy a building – the Old Navy store in the Pavilions at San Mateo shopping center in Albuquerque – used in interstate commerce. The charge against Hickman was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD), and Chief David Downey of the Albuquerque Fire Department (AFD).
Hickman made his initial appearance in federal court this morning on a criminal complaint charging him with maliciously damaging or destroying, or attempting to damage or destroy, by means of fire or explosive, a building used in interstate commerce. Hickman remains temporarily detained pending a preliminary hearing and a detention hearing, both of which have yet to be scheduled.
According to the criminal complaint, APD officers arrested Hickman in the early hours of Nov. 26, 2016, and later transferred him into the custody of the FBI. Hickman was arrested shortly after an APD officer responded to the Pavilions at San Mateo shopping center after hearing “small explosions” coming from the area. The criminal complaint alleges that, when the officer arrived at the shopping center, he observed Hickman running into and out of the Old Navy store located in the shopping center, which was on fire.
If convicted on the charge in the criminal complaint, Hickman faces a statutory penalty of not less than five years and not more than 20 years in prison. Charges in criminal complaints 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 conducted by the Albuquerque Division of the FBI, the ATF office in Albuquerque, APD and AFD. Assistant U.S. Attorney Fred J. Federici is prosecuting the case.
Hickman ComplaintMescalero Apache Man Sentenced to Prison for Federal Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Daniel Pete Valdez, 44, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 87 months in prison followed by five years of supervised release for his conviction on a sexual abuse charge. Valdez will be required to register as a sex offender after completing his prison sentence.
Valdez was arrested on Aug. 25, 2015, on a criminal complaint charging him with sexually assaulting a woman on June 20, 2014, on the Mescalero Apache Indian Reservation in Otero County., N.M. Valdez was subsequently indicted on Jan. 20, 2016, on a sexual abuse charge.
According to court documents, Valdez engaged in a sexual act with the victim while she was unconscious and physically incapable of declining participation in or communicating unwillingness to engage in the sexual act. On June 20, 2016, Valdez pled guilty without the benefit of a plea agreement.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.