District of New Mexico
Press releases recorded for this federal judicial district.
Crownpoint Man Sentenced to Ten Years for Federal Assault Conviction Arising from Ax AttackRead the Press Release
ALBUQUERQUE – Edwin C. Johnson, 36, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 120 months in prison followed by three years of supervised release for his assault conviction. The sentence was announced by U.S. Attorney Damon P. Martinez and Director Jesse Delmar of the Navajo Nation Division of Public Safety.
“This case and others like it are important reminders on why we must continue to work together to address the disproportionately high rates of violent crimes against Native American women and children,” said U.S. Attorney Damon P. Martinez. “I commend the Navajo Nation Division of Public Safety for an outstanding investigation that made the defendant account for his criminal conduct and helped the victim and her family move forward with their course of healing.”
Director Jesse Delmar of the Navajo Nation Division of Public Safety said, “The Navajo Nation is very grateful to the U.S. Attorney’s Office and our law enforcement officers in Crownpoint for pursuing this case and bringing justice to the victim.”
Johnson was arrested on Dec. 9, 2015, on a criminal complaint charging him with assault with a dangerous weapon. According to the complaint, Johnson assaulted his girlfriend, a San Carlos Apache woman, with an ax on Dec. 7, 2015. The victim suffered a gash about four centimeters long and bloody discharge from both ears; she also experienced cranial pressure and swelling. Because the victim’s injuries were life threatening, she was flown by helicopter to the trauma hospital at the University of New Mexico Hospital in Albuquerque.
Johnson was subsequently indicted on Dec. 17, 2015, and charged with assault with a dangerous weapon, an ax, with intent to do bodily harm, assault resulting in serious bodily injury, and attempt to commit murder. The indictment alleged that Johnson committed the crime on Dec. 7, 2015, in Indian Country in McKinley County, N.M. On Jan. 25, 2016, Johnson pled guilty to all three charges.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney David Adams.
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 from Waterflow Charged with Federal Murder and Kidnapping ChargesRead the Press Release
ALBUQUERQUE – Tom Begaye, Jr., 27, an enrolled member of the Navajo Nation from Waterflow, N.M., made his initial appearance this morning in federal court in Farmington, N.M., on a criminal complaint charging him with kidnapping and murdering an 11-year-old Navajo child. Begaye remains in federal custody pending a preliminary hearing and a detention hearing both of which are scheduled for May 6, 2016, at the federal courthouse in Albuquerque, N.M. The criminal complaint alleges that on the evening of May 2, 2016, Begaye picked up the victim and a boy (witness) at a location near Shiprock, N.M., and drove them in his vehicle towards the Shiprock Pinnacle. It further alleges that the witness observed Begaye, who was carrying a piece of metal, take the victim out of his vehicle and walk towards a hill leaving the witness alone in the vehicle. Begaye allegedly returned about an hour later, still carrying the piece of metal but without the victim. Upon his return to the vehicle, Begaye allegedly told the witness to get out of the vehicle. Thereafter, the witness provided a description of Begaye and his vehicle to the police, and a second witness corroborated the descriptions.
According to the criminal complaint, on May 3, 2016, investigators located and arrested Begaye at a sweat lodge outside of Shiprock based on the descriptions provided by the two witnesses. Investigators located the victim’s body near Navajo Route 13, which is located within the Navajo Indian Reservation, and observed that the victim’s head was bloody and appeared to have sustained blunt force trauma.
If convicted on the kidnapping of a minor charge, Begaye faces a statutory mandatory minimum of 20 years and a maximum sentence of life imprisonment. If convicted on the murder charge, Begaye faces a statutory maximum sentence of life imprisonment. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The FBI and Navajo Nation Division of Public Safety investigated the case with assistance from the U.S. Marshals Service, New Mexico State Police, San Juan County Sheriff’s Office and the Farmington Police Department. Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting the case.
Begaye Criminal Complaint
California Man Arraigned on Federal Sex Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Cordny Henry, 29, of Oakland, Calif., was arraigned this morning in federal court in Albuquerque, N.M., on a superseding indictment charging him with a sex trafficking charge. Henry entered a not guilty plea to the superseding indictment. Henry’s co-defendant, Juanita Williams, 27, of Pittsburg, Calif., previously entered a not guilty plea to the superseding indictment on May 2, 2016.
The superseding indictment, which was filed on April 26, 2016, charges Henry and Williams with commercial sex trafficking. It alleges that Henry and Williams used force, threats of force and coercion to cause a minor child to engage in a commercial sex act. According to the superseding indictment, Henry and Williams committed the crime in Bernalillo County, N.M., and elsewhere between Sept 2, 2015 and Sept. 12, 2015. The superseding indictment modified an earlier filed indictment against Williams by adding Henry as a defendant.
According to court filings, the Bernalillo County Sheriff’s Office initiated the investigation leading to the charge in the superseding indictment in mid-Sept. 2015, after the victim, who was then in California, contacted a local detective and reported that she had been the victim of sexual abuse. The investigation revealed that the victim, who was then 13-years-old, allegedly had been trafficked for sex by Henry during the first two weeks of Sept. 2015. Williams allegedly was identified as Henry’s accomplice. Henry and Williams allegedly forced the victim to earn a minimum of $500 per day by engaging in sex with customers, and Henry allegedly kept the money generated by prostituting the victim. Henry and Williams allegedly forced the victim to engage in commercial sex acts in Albuquerque and then transported her to Los Angeles, Calif., where the criminal activity continued.
Charges initially were filed against Henry and Williams in March 2016, after the investigation identified them as the individuals who trafficked the victim. Williams was arrested on March 15, 2016 and Henry was arrested on April 8, 2016. Both remain in custody pending trial, which has yet to be scheduled.
If convicted of the crime charged in the superseding indictment, Henry and Williams each face a statutory mandatory minimum penalty of 15 years and a maximum penalty of life in prison. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Albuquerque Man Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Ramon Phillip Baca, 44, of Albuquerque, N.M., pleaded guilty yesterday in federal court to a heroin trafficking charge. Under the terms of his plea agreement, Baca will be sentenced to 57 months in prison followed by a term of supervised release to be determined by the court.
Baca was indicted on Dec. 1, 2015, and charged with distributing heroin on May 20, 2015 and June 16, 2015, in Bernalillo County, N.M.
During yesterday’s proceedings, Baca pled guilty to one count of heroin distribution and admitted that on June 16, 2015, he met with an individual who, unbeknownst to him was working with law enforcement, with the intention of selling him approximately 47.231 grams of heroin in exchange for $1,300. Baca remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Shana B. Long 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Las Cruces Man Sentenced to Ten Years for Cocaine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Gilbert G. Caldwell, 45, of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison followed by three years of supervised release for his cocaine trafficking conviction.
Caldwell was arrested in Feb. 2015, and charged by criminal complaint with attempting to possess cocaine with intent to distribute. According to the complaint, Caldwell attempted to purchase 125 grams of cocaine from undercover law enforcement agents on Feb. 12, 2015, in Doña Ana County, N.M. Caldwell was subsequently indicted on the same charge on May 28, 2015.
On Dec. 15, 2015, Caldwell pled guilty to the indictment. In entering the guilty plea, Caldwell admitted meeting a person who unbeknownst to him was an undercover narcotics agent at the Sunland Park Casino on Feb. 12, 2015. Caldwell gave the undercover agent $4,500.00 in exchange for a white powder that he believed was cocaine but was in fact fake cocaine. Caldwell made the purchase with the intention of selling cocaine to others.
This case was investigated by the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Florida Man Pleads Guilty to Federal False Statements and Aggravated Identity Theft Charges in New MexicoRead the Press Release
ALBUQUERQUE – Clinton William Yetter, 50, of Gainesville, Fla., pleaded guilty yesterday in Albuquerque, N.M, federal court to 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.
During yesterday’s change of plea hearing, Yetter pled guilty to the indictment without the benefit of a plea agreement. Yetter is in federal custody and will remain detained pending his sentencing hearing, which has yet to be scheduled.
At sentencing, Yetter faces a statutory maximum penalty of five years in prison on each of the false statements charges. He faces a mandatory two-year prison sentence on the identity theft charges, which must be served consecutive to any prison sentence imposed on the false statements charges.
This case was investigated by the U.S. Department of State, Diplomatic Security Service and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Albuquerque Man Sentenced for Conviction Arising Out of String of U.S. Post Offices Burglaries in Fall of 2015Read the Press Release
ALBUQUERQUE – Ronnie D. Rael, 30, of Albuquerque, N.M., was sentenced today in federal court to 18 months in federal prison followed by two years of supervised release for his conviction on burglary and theft charges arising out of the burglaries of Albuquerque area post offices in Oct. and Nov. 2015.
Ronnie Rael and codefendant Venessa Rael, 48, also of Albuquerque, were arrested in Dec. 2015, on a criminal complaint charging them with burglary of a U.S. Post Office and theft of stolen mail. According to the complaint, the Foothills and Academy Stations of the U.S. Postal Service in Albuquerque experienced several alarm activations in Oct. and Nov. 2015. Surveillance video from those Post Offices revealed that Ronnie Rael and Venessa Rael removed large amounts of mail from the Post Offices when the alarms were activated. The complaint charged Ronnie Rael and Venessa Rael with attempting to use credit cards stolen from the Post Offices in Nov. 2015.
Ronnie Rael and Venessa Rael were subsequently charged in a five-count indictment that was filed on Dec. 17, 2015. Counts 1 and 5 charged Ronnie Rael alone with theft of mail on Nov. 15, 2015 and with breaking into a Post Office on Nov. 26, 2015. Counts 2, 3 and 4 charged Rael and his codefendant with fraudulently attempting to obtain money from the bank account of a person who had not authorized them to do so on Nov. 16, 2015; breaking into a Post Office on Nov. 17, 2015; and theft of mail on Nov. 17, 2015.
On Feb. 1, 2016, Ronnie Rael pled guilty to all five counts of the indictment without the benefit of a plea agreement. Codefendant Venessa Rael pled guilty to Counts 2, 3 and 4 of the indictment on April 14, 2016. At sentencing, Venessa Rael 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 Mysliwiec.
Santa Fe Man Sentenced for Attempting to Rob Wells Fargo Bank Branch in April 2015Read the Press Release
ALBUQUERQUE – Anthony Quintana, 31, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 43 months in prison for attempting to rob the Wells Fargo Bank branch located at 545 West Cordova Rd. in Santa Fe, in April 2015. Quintana will be on supervised release for three years after completing his prison sentence.
Quintana was arrested on May 2, 2015, based on a criminal complaint charging him with attempted bank robbery of the Wells Fargo Bank branch on April 7, 2015. According to the criminal complaint, Quintana attempted to rob the bank by approaching a bank teller, requesting a withdrawal, and then demanding that the teller give him all of the $100 bills in her drawer. In making the demand for the money, Quintana claimed he had a gun. While the teller was searching for keys to open her money drawer, Quintana left the bank without obtaining any money.
Quintana was subsequently indicted on an attempted bank robbery charge on May 28, 2015. On Nov. 19, 2015, Quintana pled guilty to the indictment and admitted that on April 7, 2015, he attempted to rob the Wells Fargo Bank branch in Santa Fe.
This case was investigated by the Albuquerque office of the FBI and the Santa Fe Police Department. Assistant U.S. Attorney Presiliano Torrez prosecuted the case.
MEDIA ADVISORY-- New Mexico Hope Initiative Partners to Discuss Impact of DEA’s National Take Back Initiative on New Mexico’s Opioid EpidemicRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Bernalillo County Commissioner Maggie Hart Stebbins, City Councilor Diane Gibson, and Ryan P. Cangiolosi, Chief Strategic Advisor for UNM’s Health Sciences Center, will join DEA Assistant Special Agent in Charge Sean R. Waite at 12:00 p.m. (noon) on Saturday, April 30, 2016, at a DEA Drug Take Back collection site in Albuquerque, N.M., to discuss the impact of DEA’s National Take Back Initiative on New Mexico’s opioid epidemic. This media opportunity is part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
WHO:
U.S. Attorney Damon P. Martinez
Asst. Special Agent in Charge Sean R. Waite, DEA Albuquerque District Office
Bernalillo County Commissioner Maggie Hart Stebbins, District 3
City Councilor Diane Gibson, District 7
Ryan P. Cangiolosi, Chief Strategic Advisor, Office of Strategy and Engagement at the UNM Health Sciences Center
WHEN:
SATURDAY, APRIL 30, 2016
12:00 p.m., noon
WHERE:
DEA Drug Take Back Collection Site
Walgreens
8400 Montgomery NE
Albuquerque, NM 87111
OPEN PRESS
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 that 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Arizona Woman Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Traci Marie Salinas, 30, of Phoenix, Ariz., pleaded guilty this morning in Albuquerque, N.M., to a federal heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Salinas was arrested in Oct. 2015, after DEA agents seized approximately one kilogram (2.20 pounds) of heroin from her during a consensual search at the Greyhound Bus Station in Albuquerque. According to the criminal complaint, Salinas had the package of heroin strapped around her waist.
Salinas was indicted on Nov. 5, 2015, and charged with possession of heroin with intent to distribute on Oct. 13, 2015, in Bernalillo County, N.M.
During today’s proceedings, Salinas pled guilty to the indictment and admitted that on Oct. 13, 2015, she transported heroin from Phoenix, Ariz., to New Mexico on the Greyhound Bus. Salinas admitted strapping the heroin to her stomach and waist underneath her clothing. Salinas further admitted that she picked up the heroin in Phoenix and expected to be paid to deliver the drugs to Columbus, Ohio.
At sentencing, Salinas 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 DEA. Assistant U.S. Attorney Dean S. Tuckman 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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.
Isleta Pueblo Man Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Patrick Carpio, 69, a member and resident of Isleta Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to child sexual abuse and sexual contact charges. Under the terms of his plea agreement, Carpio will be sentenced to 15 to 20 years in federal prison followed by not less than five years of supervised release. 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, that charged Carpio with the same offenses.
During today’s proceedings, 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 is being 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/.
DEA Taking Back Unwanted Prescription Drugs at 103 Locations in New Mexico on SaturdayRead the Press Release
ALBUQUERQUE – After collecting and destroying 5.5 million pounds – 2,762 tons – of unused prescription drugs in the past five years, the DEA is continuing its efforts to take back unused, unwanted and expired prescription medications. The U.S. Attorney’s Office and the University of New Mexico’s Health Sciences Center are supporting DEA’s National Take Back Initiative as part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
On Saturday, April 30, 2016, from 10:00 a.m. to 2:00 p.m., the DEA will give the public its 11th opportunity in six years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. DEA and more than 50 of its law enforcement partners will staff 103 Drug Take Back collection sites in New Mexico.
The public can find a nearby Drug Take Back collection site by visiting www.dea.gov, clicking on the “Got Drugs?” icon, and entering their zip code into the search window, or they can call 800-882-9539. Only pills and other solids, like patches, will be accepted at DEA Drug Take Back collection sites – the public should not bring liquids, needles or other sharp items to take back sites. This service is free and anonymous, no questions asked.
“America is experiencing an epidemic of addiction, overdose and death due to abuse of prescription drugs, particularly opioid painkillers, and New Mexico has the second highest drug overdose death rate in the country,” said U.S. Attorney Damon P. Martinez. “Properly disposing of unused prescription drugs is a simple and easy way for all of us to help fight this deadly epidemic.”
“We here at the UNM Health Sciences Center completely support the DEA’s National Take Back Initiative,” said Dr. Paul Roth, Chancellor of the UNM Health Sciences Center. “We're committed to working with all our HOPE Initiative partners to eliminate the epidemic of drug addiction, overdoses and deaths that has brought heartache to so many families in our state."
“Prescription drug abuse has reached epidemic proportions in the United States, and many addicts get their start in the family medicine cabinet,” said Assistant Special Agent in Charge Sean R. Waite of the DEA’s Albuquerque District Office. “DEA’s National Take Back Initiative offers a safe way for New Mexicans to dispose of their unwanted prescription drugs. Through this initiative, we ask for the public’s help in reducing the threat that these drugs pose to the health and safety of our communities.”
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 that 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque Man Pleads Guilty to Defrauding Federal Food Stamp ProgramRead the Press Release
ALBUQUERQUE – Sergio Escobedo, 37, of Albuquerque, N.M., entered a guilty plea this morning to defrauding the Supplemental Nutrition Assistance Program, more commonly known as the Food Stamp Program.
Escobedo is one of six defendants charged with defrauding the Food Stamp Program in a 32-count indictment that was filed in Aug. 2014. The indictment alleged that between Sept. 2009 to May 2010, Escobedo, conspired with Joseph Martin Padilla, 34, Wilfredo Lopez, 47, Joshua Moya, 34, Justin Quintana, 30, and Veronica Hernandez, 42, to defraud the United States through the unauthorized use of Food Stamp benefits, which are currently called Supplemental Nutrition Assistance Program (SNAP) benefits. During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department (HSD) where he was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.
SNAP is funded by the U.S. Department of Agriculture and is administered by the States. The program was created to alleviate hunger and malnutrition, and permits low income households to obtain more nutritious diet by increasing the food purchasing power for eligible households. In New Mexico, individuals qualify to participate in SNAP based on income and need by completing an application with the Income Support Division of HSD. Once an applicant is deemed eligible for SNAP benefits by a Family Assistance Analyst, the Analyst establishes a SNAP account in the applicant’s name and electronic benefit transfers (EBT), which are determined based on income, resources and household size, are deposited into the account on a monthly basis.
The indictment charged Padilla with abusing his position as a Family Assistance Analyst by conspiring with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits. It alleged that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value. It also charged Padilla with establishing and using a fraudulent SNAP account to fraudulently obtain approximately $1,468.00 in SNAP benefits for himself. According to the indictment, Padilla fraudulently established 25 separate SNAP accounts through which the United States was defrauded of approximately $45,263.00 in SNAP benefits. Additionally, Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain an aggregate of $12,705.00 in SNAP benefits.
During today’s proceedings, Escobedo pled guilty to one count of the indictment and admitted that he met with Padilla in Jan. 2009, and paid $100.00 for Padilla to process a SNAP benefit application in Escobedo’s name even though Escobedo was ineligible to receive SNAP benefits at that time. Escobedo further admitted that from Sept. 1, 2009 through Feb. 16, 2010 he obtained $4,678.00 in illegal SNAP benefits for himself. At sentencing, Escobedo faces a statutory maximum penalty of five years in prison. A sentencing hearing has yet to be scheduled.
On Nov. 23, 2015, Padilla pled guilty two counts of the indictment and admitted that he was previously employed by HSD and despite his awareness of the policies and procedures of HSD, he processed numerous applications for SNAP benefits in a fraudulent manner in exchange for cash payments. Padilla acknowledged that his illegal conduct resulted in an aggregate loss to the U.S. Department of Agriculture and the State of New Mexico of approximately $181,398.76. Padilla was sentenced on Feb. 22, 2016, to a year and a day in prison followed by three years of supervised release and was ordered to pay $181,398.76 in restitution to the USDA.
On May 19, 2015, Lopez entered a guilty plea to one count of the indictment and admitted that he completed fraudulent applications for SNAP benefits in his name, another for himself in a pseudonym, and in the names of two other individuals. Lopez paid $100.00 to process each of the applications. Lopez was sentenced on Jan. 14, 2016, to four years of probation and was ordered to pay $8,382.00 in restitution to the USDA.
On May 18, 2015, Quintana pled guilty to one count of the Indictment, and admitted meeting Padilla through Moya, and knowing that Padilla had the ability to register people to receive food stamps. Quintana admitted that he agreed to pay Padilla a fee in exchange for arranging for him to receive food stamps unlawfully. Quintana obtained $486.00 in SNAP benefits through his illegal conduct. He also received a fee for collecting SNAP applications from six other people and delivering the completed applications to Padilla for the purpose of assisting them in obtaining SPA benefits unlawfully. Quintana acknowledged that his criminal conduct caused a monetary loss to the U.S. Department of Agriculture of $9,384.00. Quintana was sentenced on Aug. 17, 2015, to three years of probation and was ordered to pay $9,384.00 in restitution.
On March 9, 2015, Moya pled guilty to one count of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled. Moya admitted that in early Dec. 2009, Padilla provided him with an application to obtain food stamps. Moya completed the application and returned it to Padilla for processing even though he knew that he was not entitled to SNAP benefits. Moya admitted unlawfully receiving $866.00 in SNAP benefits. Moya also admitted providing another application for SNAP benefits to a family member and that his relative unlawfully received $1,578.00 in SNAP benefits. On May 6, 2015, Moya was sentenced to six months in prison, or time served, followed by three years of supervised release. Moya also was ordered to pay $2,444.00 in restitution.
Hernandez has entered a not guilty plea to the charges in the indictment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture and the Office of Inspector General for New Mexico Human Services, and is being prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Taos County Businessman Arraigned on Federal Tax ChargesRead the Press Release
ALBUQUERQUE – Robert Baños, 45, of Red River, N.M., was arraigned today on a five-count indictment alleging federal tax charges, announced U.S. Attorney Damon P. Martinez and Ismael Nevarez Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Baños is the owner of the Old Tymer’s Café and Bighorn Sports and Rental, both of which are located in Red River in Taos County, N.M. The indictment, which was filed on April 12, 2016, charges Baños with five counts of filing false tax returns. Baños made his initial appearance this morning in federal court in Albuquerque, N.M. During the proceedings, Baños entered a not guilty plea and was released on conditions of release pending trial.
The indictment charges Baños with violating the federal tax laws during five tax years, 2009 through 2013, by filing tax returns that failed to report his true income. The indictment alleges that during each of those tax years, Baños falsely reported that he had a negative income in the individual income tax returns he filed with the IRS.
If convicted, Baños faces a statutory maximum penalty of three years in federal prison. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Reeve L. Swainston.
Prior Felon from Roswell Pleads Guilty to Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – Javier Madrid, 28, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to violating the federal narcotics trafficking and firearms laws under a plea agreement with the U.S. Attorney’s Office.
Madrid was arrested in Nov. 2015, on a criminal complaint charging him with possession of methamphetamine, heroin and cocaine with intent to distribute and being a felon in possession of ammunition. According to the complaint, on July 31, 2015, law enforcement agents executed a federal search warrant on Madrid’s residence and vehicle in Roswell where they discovered 17 grams of methamphetamine, 25 grams of heroin, 42 grams of cocaine, $3,960 in cash, and multiple rounds of ammunition.
Madrid was subsequently indicted on Feb. 17, 2016, and charged with possession of methamphetamine, heroin and cocaine with intent to distribute and being a felon in possession of ammunition. According to the indictment, Madrid committed these crimes on July 31, 2015, in Chaves County, N.M. At the time, Madrid was prohibited from possessing firearms or ammunition because he previously had been convicted of a narcotics trafficking crime.
During today’s proceedings, Madrid pled guilty to the indictment. In entering the guilty plea, Madrid admitted that on July 31, 2015, law enforcement agents executed a search warrant at his home and seized methamphetamine, heroin and cocaine, which he intended to distribute to others. Madrid also admitted that the agents seized multiple rounds of ammunition during the search, which he was prohibited from possessing because of his prior felony convictions.
This case was investigated by the Roswell office of the FBI, the New Mexico State Police and the Roswell Police Department. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with Bernalillo County, the Albuquerque City Council, DEA, Healing Addiction in our Community (HAC) 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.
Santa Fe Man Pleads Guilty to Federal Bank Robbery ChargeRead the Press Release
ALBUQUERQUE – Fidel Naranjo, 27, of Santa Fe, N.M., pleaded guilty yesterday in federal court in Albuquerque, N.M., to a bank robbery charge. Under the terms of his plea agreement, Naranjo will be sentenced to 40 months in federal prison followed by a term of supervised release to be determined by the court.
Naranjo and his codefendant, Kendra Brophy, 29, of San Pedro, N.M., were arrested in Dec. 2015, on criminal complaints charging them with robbing the New Mexico Bank and Trust located at 411 Carr Lane in Espanola, N.M. on Dec. 2, 2015. The complaint alleged that Naranjo robbed the bank by approaching the bank teller, threatening to shoot her, and demanding money. Naranjo left the bank and was driven away from the scene by Brophy.
Naranjo and Brophy were subsequently indicted on Dec. 17, 2015, and charged with bank robbery on Dec. 2, 2015, in Rio Arriba County, N.M.
During yesterday’s change of plea hearing, Naranjo pled guilty to the indictment and admitted that on Dec. 2, 2015, he robbed the New Mexico Bank and Trust in Espanola, by entering the bank and demanding money from the teller. He remains in custody pending a sentencing hearing which has yet to be scheduled.
Brophy previously pled guilty to a felony information charging her with misprision of a felony on April 21, 2016. In entering her guilty plea, Brophy admitted that on Dec. 2, 2015, her codefendant Naranjo robbed a bank while she waited nearby. Brophy admitted concealing the identity of the bank robber and the cash he obtained during the robbery, and failing to notify the authorities about her codefendant and the robbery. At sentencing, Brophy faces a statutory maximum penalty of three years in prison. Her sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Edward Han.
Career Criminal from Santa Fe Sentenced to 13 Years for Armed Bank Robbery ConvictionRead the Press Release
ALBUQUERQUE – Michael Crespin, 43, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 13 years in prison followed by three years of supervised release for his armed bank robbery conviction. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief Patrick Gallagher of the Santa Fe Police Department.
Crespin, whose extensive criminal history includes convictions for a prior bank robbery, armed robbery and several burglaries, was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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 under this initiative.
Crespin and codefendant Sonya Padilla, 42, also of Santa Fe, were arrested in May 2014, on a criminal complaint charging them with robbing the First National Bank of Santa Fe located at 4995 Governor Miles Road in Santa Fe on May 5, 2014. According to the complaint, Crespin robbed the bank by brandishing a gun at the bank tellers and demanding money. He left the bank with the money and was driven away by Padilla.
Crespin and Padilla were indicted on May 21, 2014, and charged with armed bank robbery. The indictment was superseded on May 28, 2015, to charge Crespin and Padilla with violating the Hobbs Act on April 28, 2014, in Santa Fe County by robbing the Plaza de Centro America market and the First National Bank of Santa Fe with a dangerous weapon on May 5, 2014, in Santa Fe County.
On Sept. 4, 2015, Crespin pled guilty to armed bank robbery, and admitted that on May 5, 2014, he robbed the First National Bank of Santa Fe while armed with an airsoft pistol, which he waved around and pointed towards bank tellers while he demanded money.
Padilla pled guilty on March 7, 2016, to attempted interference with interstate commerce by robbery and violence and admitted that on April 28, 2014, she and Crespin attempted to rob the Plaza de Centro America market in Santa Fe. Under the terms of her plea agreement, Padilla will be sentenced to a maximum of 24 months in prison followed by a term of supervised release to be determined by the court. A sentencing hearing has yet to be scheduled.
This case was investigated by the Santa Fe office of the FBI and the Santa Fe Police Department. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Arizona Man Sentenced to Ten Years in Federal Prison for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – James Richard Reeves, 47, of Tucson, Ariz., was sentenced today in federal court in Las Cruces, N.M., for his conviction on drug trafficking charges. Reeves was sentenced to 120 months in federal prison followed by four years of supervised release.
Reeves was one of three defendants charged in this case. Co-defendant Charles Douglas Notbohm, Jr., 51, of Tucson, Ariz., was arrested in Lordsburg, N.M., on Feb. 21, 2014, after officers executed a search warrant on the vehicle in which he was traveling and found more than 116 grams of methamphetamine. On May 21, 2014, Notbohm and Reeves were indicted and charged with conspiracy and possession of methamphetamine with intent to distribute. On July 16, 2014, Notbohm, Reeves and Armando Gonzales, 35, of Las Cruces, were charged in a superseding indictment with conspiracy and possession of methamphetamine with intent to distribute. The superseding indictment also charged Gonzales with being a felon in possession of a firearm
On Sept. 18, 2014, Reeves pled guilty to the two methamphetamine trafficking charges in the superseding indictment without the benefit of a plea agreement.
Gonzales pled guilty on Nov. 18, 2014, to Counts 1 and 3 of the superseding indictment, charging him with a methamphetamine distribution conspiracy and being a felon in possession of a firearm. In entering his guilty plea, Gonzales admitted making an agreement with Reeves to purchase four ounces of methamphetamine from Reeves which Reeves and Notbohm were to transport from Tucson to Las Cruces. Gonzales further admitted that on April 11, 2014, he possessed a firearm and ammunition even though he was prohibited from doing so based on his status as a convicted felon. Gonzales was sentenced on Dec. 2, 2015, to 100 months in federal prison followed by four years of supervised release.
Notbohm pled guilty on Oct. 7, 2014, to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering his guilty plea, Notbohm admitted that on Feb. 21, 2014, he and Reeves were driving from Tucson to Las Cruces for the purpose of delivering methamphetamine to Gonzales. He further admitted that as the two men were driving through Lordsburg, they were stopped by a police officer who found more than 116 grams of methamphetamine in their vehicle. Notbohm was sentenced on Aug. 20, 2015, to 87 months in prison followed by three years of supervised release.
This case was investigated by Deming office of Homeland Security Investigations and the Lordsburg Police Department, and is being prosecuted by Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Mexican National Sentenced to 77 Months for Federal Narcotics Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Teodulfo Sanchez-Lopez, 24, of Sinaloa, Mexico, was sentenced today in federal court in Las Cruces, N.M., to 77 months in prison for his methamphetamine and heroin trafficking conviction. Sanchez-Lopez will be deported after he completes his prison sentence.
Sanchez-Lopez was arrested on May 4, 2015, on a criminal complaint charging him with conspiracy and possession of heroin and methamphetamine with intent to distribute. According to the complaint, law enforcement agents executed a search warrant on a storage locker on March 13, 2014, in Roswell, N.M., where they found 439.9 grams of methamphetamine and 290.6 grams of heroin. The complaint alleged that further investigation revealed that Sanchez-Lopez had packaged the methamphetamine and heroin found in the storage locker.
Sanchez-Lopez was subsequently indicted on July 23, 2015, and charged with conspiracy to possess heroin and methamphetamine with intent to distribute in Jan. 2014. Sanchez-Lopez pled guilty to the indictment on Sept. 4, 2015, and admitted that on March 13, 2014, law enforcement agents executed a search warrant at a storage facility where they located bags containing 439 grams of methamphetamine and 290 grams of heroin. Sanchez-Lopez further admitted that his fingerprints were on the packaging of the methamphetamine and heroin, and that he packaged the narcotics in Phoenix, Ariz., in Jan. 2014, for distribution by others.
This case was investigated by the Las Cruces office of the DEA and the Chaves County Metro Narcotics Task Force. The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (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 Bernalillo County, the Albuquerque City Council, DEA, Healing Addiction in our Community (HAC) 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 Jury Convicts Oklahoma Man on Narcotics Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict Friday afternoon finding Roberto Thomas guilty on narcotics trafficking charges, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division.
Thomas, 22, of Long Grove, Okla., and three codefendants, Jesus Amaya, 51, and Juan Caballero, 31, both Mexican nationals, and Christian Tovar, 22, of El Paso, Texas, were arrested on May 8, 2013, on methamphetamine trafficking charges. The complaint alleged that the four men conspired to distribute 1.75 kilograms (3.85 pounds) of methamphetamine in Bernalillo County, N.M.
Thomas and his codefendants subsequently were indicted on a methamphetamine conspiracy charge on May 29, 2013. After his three codefendants entered guilty pleas, Thomas was charged in a superseding indictment that was filed on April 12, 2016. According to the superseding indictment, Thomas participated in a methamphetamine trafficking conspiracy from April 30, 2013 through May 8, 2013, and possessed methamphetamine with intent to distribute on May 8, 2013.
Thomas’s trial on the two-count superseding indictment began on April 20, 2016 and concluded late Friday afternoon when the jury returned a verdict finding Thomas guilty on Count 2, charging him with possession of methamphetamine with intent to distribute. The United States dismissed Count 1, the conspiracy count, before the jury began its deliberation.
The evidence at trial established that Thomas and his codefendants were charged as the result of an investigation during which an individual working with the DEA negotiated to buy methamphetamine from Amaya. The DEA arrested Thomas and his codefendants on May 8, 2013, after Thomas and Caballero drove to the prearranged meeting spot in southwest Albuquerque to deliver methamphetamine to Amaya. The DEA found 1.75 kilograms of pure methamphetamine in the vehicle in which Thomas and Caballero were traveling. The investigation revealed that Caballero had obtained the methamphetamine from Tovar, who had transported the drugs from Juarez, Mexico, to Albuquerque.
Thomas was remanded into custody after the jury returned the guilty verdict. He will remain in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Thomas faces a maximum of 20 years in federal prison.
Thomas’s codefendants previously pleaded guilty to participating in a methamphetamine trafficking conspiracy as follows: Caballero pled guilty on Oct. 10, 2014, and was sentenced on Jan. 6, 2015; Tovar pled guilty on Nov. 12, 2014, and was sentenced on Aug. 19, 2015; and Amaya pled guilty on July 6, 2015 and sentenced on Oct. 29, 2015. Amaya and Caballero will be deported after completing their prison sentences.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
Deming Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Flavio Loya Moncada, 53, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 63 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Moncada was arrested on March 11, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on March 6, 2015, in Doña Ana County, N.M. The arrest was made after Moncada sold 235.1 grams of methamphetamine to an undercover law enforcement agent.
Moncada was subsequently charged in a four-count indictment with distributing methamphetamine on Jan. 10, 2015, Jan. 30, 2015, Feb. 14, 2015, and March 6, 2015. The crimes charged in the indictment took place in Doña Ana County. The indictment included forfeiture allegations requiring Moncada to forfeit $10,600.00 to the United States.
On Feb. 11, 2016, Moncada pled guilty to the indictment and admitted selling a total of 450.4 grams of pure methamphetamine to an undercover law enforcement agent during four separate drug deals. More specifically, Moncada admitted selling the following quantities of methamphetamine to the undercover agent: 52 grams on Jan. 10, 2015; 92 grams on Jan. 30, 2015; 165 grams on Feb. 14, 2015; and 140 grams on March 6, 2015.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
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.
Los Lunas Man Sentenced to 60 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – James Sparks, 38, of Los Lunas, N.M., was sentenced today in federal court in Albuquerque, N.M., for his methamphetamine trafficking conviction. Sparks was sentenced to 60 months in federal prison followed by a four-year term of supervised release.
Sparks was charged in an indictment filed on Nov. 5, 2015, with possession of methamphetamine with intent to distribute on June 16, 2014, in Valencia County, N.M. He was arrested on Nov. 10, 2015, after he was transferred to federal custody from state custody where he was being held on related state charges which were later dismissed in favor of federal prosecution.
On Jan. 22, 2016, Sparks pled guilty to the indictment. In entering his guilty plea, Sparks admitted that on June 16, 2014, Valencia County Sheriff’s deputies stopped him for speeding on his motorcycle. He attempted to run from deputies when they discovered that Sparks was in possession of more than five grams of methamphetamine and drug paraphernalia, but was eventually apprehended and arrested by the deputies.
This case was investigated by the Albuquerque office of the DEA and the Valencia County Sheriff’s Office with assistance from the 13th Judicial District Attorney’s Office.
Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst 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 Valencia County, under this initiative.
Justice Department Releases Investigative Findings on University of New Mexico’s Response to Sexual Assault AllegationsRead the Press Release
ALBUQUERQUE – The Justice Department today announced that according to its comprehensive investigation, the University of New Mexico’s (UNM) handling of reports by students of sexual harassment – including sexual assault – fail to comply with federal law. The Justice Department delivered a letter setting forth these findings to President Robert G. Frank of UNM this morning.
The investigation was launched on Dec. 5, 2014, in response to complaints from multiple students alleging that UNM did not adequately respond to their reports of sexual assault. It was conducted under Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, both of which prohibit sex discrimination in education programs. The investigation examined UNM’s policies and practices for preventing sexual assault and sexual harassment, as well as for investigating and responding to student complaints of sexual assault, sexual harassment and retaliation.
The investigation found that although UNM had strengthened its response to sexual harassment and sexual assault over the past year, it remains out of compliance with Title IX and Title IV in key respects. The department specifically found that students, faculty and staff lacked basic understanding about reporting options, duties and obligations, as well as where to turn for help. The investigation also found significant gaps in UNM’s procedures, training and practices for investigating and resolving allegations of sexual assault and harassment, resulting in a grievance process that complainants and respondents alike described as confusing, distressing and rife with delays. More generally, in focus groups and interviews, many UNM students expressed reluctance to report sexual assault to UNM because they lacked confidence in the school’s response.
The department also found that students who have experienced harassment and assault have difficulty accessing services and supports. Without appropriate supports in place, some of these students experienced severe and lasting educational impacts, including suspending their academic coursework, dropping out of extracurricular activities, losing scholarships and even withdrawing from UNM.
The department found that UNM must take the following measures to fully comply with these laws:
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Provide comprehensive and effective training to all students, faculty and staff that gives notice of UNM’s prohibition on sexual harassment, including sexual assault; information about reporting options, duties and obligations; details on where to go for assistance; and information on grievance procedures and potential outcomes;
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Revise UNM’s policies, procedures and investigative practices to provide a grievance procedure that ensures prompt and equitable resolution of sexual harassment and sexual assault allegations;
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Adequately investigate or respond to all allegations by students who have alleged sexual assault or sexual harassment, including allegations of retaliation for reporting sexual assault or sexual harassment;
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Take prompt and effective steps to eliminate a hostile environment, prevent its reoccurrence and address its effects; and
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Ensure that the individuals designated to coordinate Title IX efforts receive adequate training and coordinate these efforts effectively.
“Our findings reveal how a flawed system for responding to sexual assault fails all those involved – from victims seeking adequate protection, to accused students demanding fair hearings, to faculty looking for clear instruction,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the department’s Civil Rights Division. “These failures diminish educational opportunities and threaten community confidence in the integrity and fairness of the university’s policies and practices. The Justice Department commends UNM officials for starting to implement key changes in a number of areas, and we look forward to working closely with them to expand and enhance these early steps of progress.”
“Campus sexual assault and sexual harassment are civil rights issues,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “They are primarily perpetrated against women and undermine their basic rights. When perpetuated against students, sexual assault and sexual harassment deny them the right to live and learn in a safe educational environment. Colleges and universities are obligated to stop and prevent sexual violence against their students and to respond effectively when they receive reports of sexual assault. We appreciate the university’s continuing efforts to address the serious deficiencies identified by our investigation so that we can improve the safety of women and other students and reduce barriers in education.”
UNM cooperated fully with the department’s investigation, and has committed to continue to cooperate with the department to timely resolve these findings under mutually agreeable terms that will provide accountability to the public and accomplish the remedial measures within a fixed period of time.
The investigation was conducted jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office of the District of New Mexico. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office of the District of New Mexico is available on its website at www.justice.gov/usao/nm.
The enforcement of Title IV and Title IX are top priorities of the Civil Rights Division. For more information about the administration’s efforts on prevention and response to sexual assault and sexual harassment on college and university campuses, please visit www.notalone.gov.
UNM Findings Letter
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Justice Department Releases Investigative Findings on University of New Mexico’s Response to Sexual Assault AllegationsRead the Press Release
The Justice Department today announced that according to its comprehensive investigation, the University of New Mexico’s (UNM) handling of reports by students of sexual harassment – including sexual assault – fail to comply with federal law. The Justice Department delivered a letter setting forth these findings to President Robert G. Frank of UNM this morning.
The investigation was launched on Dec. 5, 2014, in response to complaints from multiple students alleging that UNM did not adequately respond to their reports of sexual assault. It was conducted under Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, both of which prohibit sex discrimination in education programs. The investigation examined UNM’s policies and practices for preventing sexual assault and sexual harassment, as well as for investigating and responding to student complaints of sexual assault, sexual harassment and retaliation.
The investigation found that although UNM had strengthened its response to sexual harassment and sexual assault over the past year, it remains out of compliance with Title IX and Title IV in key respects. The department specifically found that students, faculty and staff lacked basic understanding about reporting options, duties and obligations, as well as where to turn for help. The investigation also found significant gaps in UNM’s procedures, training and practices for investigating and resolving allegations of sexual assault and harassment, resulting in a grievance process that complainants and respondents alike described as confusing, distressing and rife with delays. More generally, in focus groups and interviews, many UNM students expressed reluctance to report sexual assault to UNM because they lacked confidence in the school’s response.
The department also found that students who have experienced harassment and assault have difficulty accessing services and supports. Without appropriate supports in place, some of these students experienced severe and lasting educational impacts, including suspending their academic coursework, dropping out of extracurricular activities, losing scholarships and even withdrawing from UNM.
The department found that UNM must take the following measures to fully comply with these laws:
- Provide comprehensive and effective training to all students, faculty and staff that gives notice of UNM’s prohibition on sexual harassment, including sexual assault; information about reporting options, duties and obligations; details on where to go for assistance; and information on grievance procedures and potential outcomes;
- Revise UNM’s policies, procedures and investigative practices to provide a grievance procedure that ensures prompt and equitable resolution of sexual harassment and sexual assault allegations;
- Adequately investigate or respond to all allegations by students who have alleged sexual assault or sexual harassment, including allegations of retaliation for reporting sexual assault or sexual harassment;
- Take prompt and effective steps to eliminate a hostile environment, prevent its reoccurrence and address its effects; and
- Ensure that the individuals designated to coordinate Title IX efforts receive adequate training and coordinate these efforts effectively.
“Our findings reveal how a flawed system for responding to sexual assault fails all those involved – from victims seeking adequate protection, to accused students demanding fair hearings, to faculty looking for clear instruction,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the department’s Civil Rights Division. “These failures diminish educational opportunities and threaten community confidence in the integrity and fairness of the university’s policies and practices. The Justice Department commends UNM officials for starting to implement key changes in a number of areas, and we look forward to working closely with them to expand and enhance these early steps of progress.”
“Campus sexual assault and sexual harassment are civil rights issues,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “They are primarily perpetrated against women and undermine their basic rights. When perpetuated against students, sexual assault and sexual harassment deny them the right to live and learn in a safe educational environment. Colleges and universities are obligated to stop and prevent sexual violence against their students and to respond effectively when they receive reports of sexual assault. We appreciate the university’s continuing efforts to address the serious deficiencies identified by our investigation so that we can improve the safety of women and other students and reduce barriers in education.”
UNM cooperated fully with the department’s investigation, and has committed to continue to cooperate with the department to timely resolve these findings under mutually agreeable terms that will provide accountability to the public and accomplish the remedial measures within a fixed period of time.
The investigation was conducted jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office of the District of New Mexico. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office of the District of New Mexico is available on its website at www.justice.gov/usao/nm.
The enforcement of Title IV and Title IX are top priorities of the Civil Rights Division. For more information about the administration’s efforts on prevention and response to sexual assault and sexual harassment on college and university campuses, please visit www.notalone.gov.
Jason Loera Pleads Guilty to Federal Receipt of Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Jason Loera, 47, a former political consultant and resident of Albuquerque, N.M., who currently resides in Los Angeles, Calif., pled guilty today in federal court in Albuquerque to receiving a visual depiction of a minor engaged in sexually explicit conduct. Loera entered his guilty plea under a plea agreement that permits him to appeal from a court order denying his motion to suppress evidence.
Loera was arrested in Los Angeles in June 2013 on an indictment filed in the U.S. District Court for the District of New Mexico. The indictment charged Loera with two counts of receiving child pornography and one count of possessing child pornography. According to the indictment, Loera committed these offenses in in Bernalillo County, N.M.
The indictment against Loera subsequently was superseded twice, most recently on March 8, 2016. The six-count second superseding indictment charged Loera with three counts of receiving child pornography and three counts of possessing child pornography. It alleged that Loera received child pornography on three occasions between March 31, 2010 and April 15, 2010, and that he possessed child pornography on a laptop computer and two CDs on Nov. 20, 2012, in Bernalillo County.
During today’s change of plea hearing, Loera entered a guilty plea to Count 3 of the second superseding indictment charging him with receiving child pornography on April 15, 2010. In his plea agreement, Loera admitted using his laptop computer to download from the internet an electronic file that he knew contained child pornography. The file contained 45 images of a prepubescent girl, many of which showed the girl engaged in sexually explicit conduct. Loera also admitted that when the FBI searched his residence on Nov. 20, 2012, he knowingly possessed child pornography on his laptop computer and two CDs. Loera admitted that he had more than 600 images of child pornography, some of which depicted violence.
Loera, who had been on conditions of release under pretrial supervision since June 2013, was ordered to surrender himself to the custody of the U.S. Marshals Service by June 1, 2016. Thereafter, he will remain in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Loera faces a statutory mandatory minimum of five years and a maximum of 20 years in prison followed by a term of supervised release to be set by the court. Loera will be required to register as a sex offender after completing his prison sentence.
The case was investigated by the Albuquerque Division of the FBI and the New Mexico Regional Computer Forensic Laboratory. It is being prosecuted by Assistant U.S. Attorneys Dean S. Tuckman and Kristopher N. Houghton 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/.
Santa Fe Man Sentenced to Ten Years for Conviction on Federal Heroin Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Phillip Lovato, 30, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to ten years in federal prison followed by four years of supervised release for his conviction on heroin trafficking and firearms charges. Lovato also was ordered to forfeit to the United States $49,242 in drug proceeds and two firearms that were seized during the investigation leading to his conviction.
Lovato’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and New Mexico State Police Lt. Scott McFaul, the Commander of the HIDTA Region III Drug Task Force.
Lovato was arrested by the FBI on Feb. 10, 2015, on a criminal complaint charging him with heroin trafficking and firearms charges. On Feb. 25, 2015, a federal grand jury returned a seven-count indictment against Lovato charging him with two counts of distributing heroin, two counts of possession of heroin with intent to distribute, two counts of being a felon in possession of firearms and ammunition, and one count of using and carrying a firearm in furtherance of a drug trafficking crimes. According to the indictment, Lovato committed these crimes in Santa Fe County.
Lovato entered guilty pleas on Feb. 16, 2016, to two counts of possession of heroin with intent to distribute, one count of using a firearm in furtherance of a drug trafficking crime, and one count of being a felon in possession of a firearm. In his plea agreement, Lovato admitted selling heroin from a residence on Alta Vista Street in Santa Fe on Nov. 17, 2014. On that day, Lovato was carrying a black backpack containing heroin and a semi-automatic pistol that he used to protect the drugs he was carrying and the proceeds from his drug sales. After completing several drug transactions at the Alta Vista Street residence, Lovato got into a pickup truck to go to another location where he intended to continue selling heroin. When the truck was stopped by law enforcement officers, Lovato admitted that he had heroin in the truck, and the officers seized 40 grams of heroin and the semi-automatic pistol from Lovato’s backpack.
In his plea agreement, Lovato also acknowledged that he subsequently acquired another firearm and additional heroin and resumed selling heroin in and around Santa Fe, storing his heroin and cash proceeds in a storage facility in Santa Fe. On Feb. 6, 2015, law enforcement officers executed a search warrant on the storage facility where they seized 665 grams of heroin and $49,242 in proceeds from Lovato’s heroin deals.
Lovato was arrested on Feb. 10, 2015, outside a residence in Santa Fe. Before his arrest, Lovato left a semi-automatic handgun inside the residence. Following Lovato’s arrest, law enforcement officers seized the handgun when they executed a consensual search of the residence. Lovato acknowledged knowing that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Santa Fe office of the FBI and the HIDTA Region III Drug Task Force, and was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez.
The HIDTA – High Intensity Drug Trafficking Area – Program is a program of the White House Office National Drug Control Policy (ONDCP) that facilitates cooperation among federal, state, local and tribal law enforcement to foster intelligence sharing and to support the execution of effective enforcement operations aimed at dismantling drug trafficking organization in critical drug trafficking regions of the United States. The HIDTA Region III Narcotics Task Force is comprised of the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.
Lovato, who has two prior drug trafficking convictions and an aggravated assault conviction, 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 primarily based on their prior 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 rates, on a per capita basis, are amongst 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 Santa Fe County, under this initiative.
The case also was 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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.
Roswell Felon Facing Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Nathaniel Eddie Madrid, 49, of Roswell, N.M., with violating the federal firearms laws. The Magistrate Judge ordered Madrid detained pending trial.
Madrid was arrested on April 15, 2016, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition and possessing an unregistered firearm. The criminal complaint alleges that Madrid committed the crimes on Oct. 26, 2015, in Lincoln County, N.M.
According to the criminal complaint, New Mexico State Police (NMSP) officers came upon Madrid when responding to the scene of a traffic accident on Oct. 26, 2015. Madrid allegedly had crashed the stolen vehicle he was driving and allegedly was observed throwing a handgun into a nearby ditch by a witness who stopped to render aid to Madrid. The NMSP allegedly retrieved the handgun and found two more firearms in the vehicle.
After identifying Madrid, the NMSP learned that Madrid had an outstanding arrest warrant for violating the conditions of a supervised release term he was serving as a result of a previous federal conviction for unlawfully possessing a firearm. Madrid was arrested on the federal warrant; he has been in federal custody since that time.
The criminal complaint alleges that Madrid was prohibited from possessing either firearms or ammunition on Oct. 26, 2015, because he previously had been convicted of several felony offenses in the state courts of New Mexico in addition to his federal conviction for being a felon in possession of a firearm.
If convicted of the crimes charged in the criminal complaint, Madrid faces a statutory maximum sentence of ten years in prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the NMSP, and is being prosecuted by Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office.
Madrid is being prosecuted the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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 under this initiative.
Albuquerque Man Sentenced to Probation for Submitting Fraudulent Claims to Veterans Affairs Medical CenterRead the Press Release
ALBUQUERQUE – Tomas Jaramillo, 55, of Albuquerque, N.M., was sentenced today in federal court for his conviction for submitting false and fraudulent claims to the Veterans Affairs Medical Center (VAMC) in Albuquerque. Jaramillo was sentenced to five years of probation and ordered to pay $11,439.90 in restitution to the VAMC.
Jaramillo was charged by information on Aug. 18, 2015, with submitting fraudulent vouchers to collect payments for roundtrip travel to attend medical appointment. He was subsequently charged by indictment on Sept. 22, 2015, with submitting 173 fraudulent claims to the VAMC for travel beneficiary payments from June 2009 through July 2010.
On Dec. 11, 2015, Jaramillo pled guilty to a felony information charging him with making fraudulent claims. In entering the guilty plea, Jaramillo admitted that from June 2009 through July 2010, he travelled to the VAMC in Bernalillo County, N.M., to obtain medical treatment and falsely claimed that he traveled from Socorro, N.M., to do so. Jaramillo admitted that he submitted fraudulent vouchers to VAMC to receive payment for roundtrip travel which he did not actually make to attend his medical appointments. Jaramillo received $11,439.90 in travel reimbursements to which he was not entitled.
This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division and was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.
Jicarilla Apache Man Sentenced for Federal Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Raylon Castillo, 20, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced this morning for his statutory rape conviction. Castillo was sentenced to serve 30 months in federal prison followed by a five-year term of supervised release. Castillo will be required to register as a sex offender when he completes his prison sentence.
Castillo was arrested on Dec. 18, 2014, on a criminal complaint charging him with sexually assaulting a Native American minor who was between the age of 12 and 16 years on July 25, 2014, on the Mescalero Apache Indian Reservation in Otero County, N.M. Castillo was arrested on tribal charges on July 25, 2014, and remained in tribal custody until his arrest on the federal complaint in Dec. 2014.
Castillo was indicted on May 20, 2015, and charged with sexual abuse of a minor on July 25, 2014, in Otero County. On July 1, 2015, Castillo pled guilty to the indictment. In entering his guilty plea, Castillo admitted engaging in a sexual act with the victim, who was 14 years old and at least four years younger than Castillo. Castillo admitted committing the crime on the Mescalero Apache Reservation.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office 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/.
Former NMMI Cadet from California Pleads Guilty to Federal Child Pornography Charge in New MexicoRead the Press Release
ALBUQUERQUE – Joshua Adam Williams, 20, of Lakeside, Calif., entered a guilty plea today in federal court in Las Cruces, N.M., to a possession of child pornography charge. Under the terms of his plea agreement, Williams will be sentenced to ten years in prison followed by a 15-year term of supervised release. He will be required to register as a sex offender after completing his prison sentence.
Williams’ guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and New Mexico State Police Chief Pete N. Kassetas.
Williams was arrested on Nov. 4, 2015, in Lakeside, Calif., on a criminal complaint alleging child pornography charges that was filed on Oct. 27, 2015, in federal court in Las Cruces. He was transferred from California to Las Cruces on Dec. 11, 2015, to face the charges against him.
The criminal complaint charged Williams with distribution, possession and attempted production of videos and images depicting minors engaged in sexually explicit conduct. It alleged that Williams committed these crimes in May 2015 in Roswell, N.M., when he was enrolled as a cadet at the New Mexico Military Institute (NMMI).
Court filings reveal that the investigation into Williams began in Aug. 2014, when a father and minor child disclosed to the FBI that the child had been self-producing child pornography and sharing it with others through an internet chat room. The father surrendered the child’s cellular phone to the FBI and the FBI found it to contain alleged child pornography that had been shared with a specific account identified by a particular username.
Subsequent investigation revealed that Williams, who was then a NMMI cadet, was the subscriber to aforementioned account and search warrants were obtained for Williams’ computers, cellphone and other digital media. Forensic examinations of Williams’ computer and cellphone revealed that they contained videos and images consistent with child pornography.
During today’s proceedings, Williams pled guilty to a felony information charging him with possession of child pornography. In his plea agreement, Williams admitted that on May 5, 2015, he possessed a computer and cellular telephone that contained videos and images of child pornography. The plea agreement states that Williams’ computer contained a video of a toddler being sexually molested by an adult and his cellular phone contained approximately 100 videos of minors engaged in sexually explicit conduct.
Williams remains in custody pending his sentencing hearing, which has yet to be scheduled. In his plea agreement, Williams agreed to pay $210,012 in restitution to any victim associated with the charges identified in the criminal complaint who requests restitution prior to the sentencing hearing.
This case was investigated by the Roswell office of the FBI, New Mexico State Police, New Mexico Internet Crimes Against Children (ICAC) Task Force and the New Mexico Regional Computer Forensic Laboratory with assistance from the FBI in San Diego, Calif., and the U.S. Attorney’s Office for the Southern District of California.
Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
California Man Pleads Guilty to Federal Methamphetamine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Jose Elias Gonzalez, 31, of Bakersfield, Calif., pleaded guilty this morning in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
Gonzalez was arrested in Aug. 2015, on a criminal complaint charging him with a methamphetamine trafficking offense after the DEA seized 1.90 kilograms (4.18 pounds) of methamphetamine from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque on July 26, 2015. Gonzalez was subsequently indicted on Aug. 11, 2015, and charged with possession of methamphetamine with intent to distribute.
During today’s proceedings, Gonzalez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Gonzales admitted transporting crystal methamphetamine from Los Angeles, Calif., on an eastbound Greyhound bus that stopped in Albuquerque on the morning of July 26, 2015. Gonzales intended to transport the methamphetamine, which was contained in four clear heat-sealed plastic bundles concealed in a shopping bag, to Little Rock, Ark.
At sentencing, Gonzalez faces up to 20 years in prison followed by a term of supervised release to be set by the court. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Rumaldo Armijo.
Albuquerque Man Sentenced to 135 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Michael Stewart, 56, of Albuquerque, N.M., was sentenced today to 135 months in federal prison followed by a seven-year term of supervised release for his methamphetamine trafficking conviction. In a related civil case, a federal judge previously entered an order forfeiting to the United States $25,370.00 in drug proceeds that were seized from Stewart when he was arrested.
Stewart, whose lengthy criminal history includes felony convictions for cocaine and methamphetamine trafficking, robbery, kidnapping and theft, was prosecuted as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst 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, under this initiative.
Stewart was arrested on Feb. 19, 2015, after DEA task force officers seized 611.9 gross grams of methamphetamine and more than $25,000.00 in cash from him and his vehicle during a traffic stop in northwest Albuquerque. Stewart was subsequently indicted on the same charge on March 10, 2015.
On Jan. 20, 2016, Stewart pled guilty to the indictment and admitted that on Feb. 18, 2015, he was in possession of 543.3 grams of actual methamphetamine which he intended to distribute to others.
This case was investigated by the Albuquerque offices of the DEA and Homeland Security Investigations and the Bernalillo County Sheriff’s Office, and was prosecuted by the Organized Crime Section of the U.S. Attorney’s Office. Assistant U.S. Attorney Stephen R. Kotz handled the civil forfeiture proceedings.
Las Cruces Residents Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Two residents of Las Cruces, N.M., pleaded guilty today in federal court to methamphetamine trafficking charges.
David S. Thompson, 29, and Marlene C. Sandoval, 38, were arrested in Nov. 2015, on a criminal complaint charging them with methamphetamine trafficking charges on Oct. 16, 2015, in Doña Ana County, N.M. Thompson and Sandoval were arrested after law enforcement officers found crystal methamphetamine inside the vehicle Thompson and Sandoval were driving during a routine traffic stop. Thompson and Sandoval were subsequently indicted on Feb. 17, 2016, and charged with conspiracy and possession of methamphetamine with intent to distribute.
During today’s proceedings, Thompson and Sandoval each entered a guilty plea to a conspiracy to possess methamphetamine with intent to distribute charge. They admitted being pulled over for speeding on Oct. 16, 2015, by New Mexico Department of Transportation officers. After obtaining consent from Thompson and Sandoval to search their vehicle, the officers found 499 grams of methamphetamine in a shoe in the vehicle. Thompson and Sandoval also admitted that they intended to distribute the methamphetamine in Las Cruces.
At sentencing, Thompson and Sandoval each face a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Both remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the New Mexico Department of Transportation Police, the Las Cruces Police Department 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.
Mexican National Arrested in New Mexico Based on DEA Seizure of Almost Four Pounds of HeroinRead the Press Release
ALBUQUERQUE – Juan Francisco Cruz-Neri, 23, of Mexico City, Mexico, made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with possessing almost four pounds of heroin with intent to distribute. Cruz-Neri remains in federal custody pending a preliminary hearing and a detention hearing scheduled for April 19, 2016.
Cruz-Neri was arrested at the Greyhound Bus Station in Albuquerque on April 15, 2016, after the DEA allegedly found 1.70 kilograms (3.80 pounds) of heroin concealed in his backpack.
If convicted of the charge in the criminal complaint, Cruz-Neri faces a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA. The case is being prosecuted by Assistant U.S. Attorney Rumaldo Armijo as part of the New Mexico Heroin and Opioid Prevention and Education (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 Bernalillo County, the Albuquerque City Council, DEA, Healing Addiction in our Community (HAC) and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
California Woman Pleads Guilty to Federal Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Neisha Necel Williams, 35, of Los Angeles, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a cocaine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Williams was arrested in May 2015, on a criminal complaint charging her with a cocaine trafficking offense after the DEA seized .70 kilograms (1.54 pounds) of cocaine from her during an interdiction investigation at the Greyhound Bus Station in Albuquerque on May 18, 2015. The cocaine was concealed in a bundle underneath Williams’ clothes. Williams was indicted on June 9, 2015, and charged with possession of cocaine with intent to distribute.
During today’s proceedings, Williams pled guilty to a felony information charging her with possession of cocaine with intent to distribute. In entering the guilty plea, Williams admitted that on May 18, 2015, while traveling through Albuquerque on a Greyhound bus, she possessed .70 kilograms of cocaine, which was wrapped in a bundle and concealed underneath her clothes. Williams further admitted that she was to be paid for transporting the cocaine from Los Angeles to Macon, Ga.
At sentencing, Williams faces a maximum penalty of 20 years in federal prison. Williams 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 is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
Los Lunas Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Joseph Baldonado, 30, of Los Lunas, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of the plea agreement, Baldonado will be sentenced to 60 months in federal prison followed by four years of supervised release.
Baldonado was arrested in Jan. 2016, on a criminal complaint charging him with distribution of methamphetamine in Valencia County, N.M. According to the complaint, Baldonado sold quantities of methamphetamine to an undercover agent on the following dates: 58.2 ounces on Jan. 6, 2016, 58.8 ounces on Jan. 12, 2016, and 57.2 ounces on Jan. 22, 2016.
Baldonado was subsequently indicted on Feb. 9, 2016, and charged with three counts of distribution of methamphetamine on Jan. 6, 12, and 22, 2016, in Valencia County.
During today’s proceedings, Baldonado pled guilty to Count 3 of the indictment charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Baldonado admitted possessing more than 50 grams of methamphetamine on Jan. 22, 2016, and selling it to another person for $1,600. Baldonado 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 HIDTA Region I Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Eva M. Fontanez.
The HIDTA Region I Narcotics Task Force is comprised of the Albuquerque Police Department, Albuquerque office of the DEA, Pojoaque Tribal Police Department, Rio Rancho Police Department, Sandoval County Sheriff’s Office and the Valencia County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Former U.S. Postal Service Employee Sentenced to Probation for Conviction on Destruction of Mail Misdemeanor ChargeRead the Press Release
ALBUQUERQUE – Phillip Duran, 33, of Las Vegas, N.M., pleaded guilty yesterday in federal court to an opening and destruction of mail misdemeanor charge. After entering his guilty plea, Duran was sentenced to one year of probation and ordered to pay an $800 fine.
Duran was charged in a misdemeanor information on March 16, 2016, with unlawfully opening mail not directed to him while employed as a U.S. Postal Service officer. According to the information, Duran committed the crime between Nov. 19, 2015 and Jan. 7, 2016, in San Miguel County, N.M.
During yesterday’s hearing, Duran pled guilty to the information and admitted that from Nov. 19, 2015 through Jan. 7, 2016, he intentionally opened other people’s mail when he was not supposed to do so.
This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Eva M. Fontanez.
Farmington Man Pleads Guilty to Federal Heroin Trafficking ChargesRead the Press Release
ALBUQUERQUE – Allen Goosen, 30, of Farmington, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to heroin trafficking charges. The guilty plea was entered without the benefit of a plea agreement.
Goosen was arrested in Feb. 2016, on a criminal complaint charging him with trafficking heroin in San Juan County, N.M. According to the complaint, Goosen sold approximately 6.03 grams of heroin to an undercover agent on Dec. 17, 2014. The complaint further alleges that on Jan. 5, 2015, Goosen was in possession of 5.95 grams of heroin packaged in six-single gram packages when he was arrested on a felony arrest warrant.
Goosen was subsequently indicted on March 8, 2016, and charged with distribution of heroin on Dec. 17, 2014, and possession of heroin with intent to distribute on Jan. 5, 2015. The indictment included forfeiture allegations requiring Goosen to forfeit at least $600 to the United States.
During today’s proceedings, Goosen pled guilty to both counts of the indictment. At sentencing, Goosen faces a maximum statutory penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
The case was investigated by the Albuquerque office of Homeland Security Investigations and the HIDTA Region II Task Force. The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Area (HIDTA) program that 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 by Assistant U.S. Attorney Alexander M. Uballez 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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 Woman Sentenced for Conviction Arising Out of Armed Robbery of Retail Pharmacy in January 2015Read the Press Release
ALBUQUERQUE – Josephine Duran, 24, of Albuquerque, N.M., was sentenced this morning in federal court to 57 months in prison followed by three years of supervised release for her conviction on prescription drug trafficking and theft of medical products charges arising out of the armed robbery of an Albuquerque-area retail pharmacy in Jan. 2015.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division and Chief Gorden Eden, Jr., of the Albuquerque Police Department.
Duran was one of six defendants charged in four indictments that were announced by federal and local officials on April 29, 2015. The indictments charged the six defendants with robbing retail pharmacies in Albuquerque to illegally obtain Oxycodone and other highly addictive opioid prescription painkillers. The four indictments charged Duran, her co-defendant Blake Gallardo, 23, and four other Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies, including violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.
At the time the indictments were announced, Duran and Gallardo had not been arrested and were considered fugitives. Thereafter, Duran was arrested on May 22, 2015, and Gallardo was arrested on June 11, 2015.
Duran and Gallardo were charged with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandishing a firearm during a crime of violence; (3) violating the Controlled Substance Registrant Act by committing robbery involving controlled substance; (4) violating the Safe Doses Act by committing theft of medical products; and (5) possession of Oxycodone with intent to distribute. The charges arose out of the armed robbery of a Walgreens Pharmacy located at 6565 Paradise Blvd. NW in Albuquerque on Jan. 30, 2015.
On Sept. 24, 2015, Duran entered a guilty plea to Count 5 of the indictment charging her with possession of Oxycodone with intent to distribute, and to a felony information charging her with theft of medical products. In her plea agreement, Duran acknowledged knowing about the robbery in advance. Duran also admitted taking Gallardo’s loaded firearm and drugs stolen from the Walgreens Pharmacy on Jan. 30, 2015, while Gallardo attempted to flee from law enforcement. Duran admitted that she intended to distribute the stolen Oxycodone.
On Sept. 4, 2015, Gallardo entered a guilty plea to Counts 1, 2, 3 and 5 of the indictment. He also pleaded guilty to a felony information charging him with robbery involving controlled substance, a charge arising out of the June 6, 2015 robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque. In his plea agreement, Gallardo admitted robbing both Walgreens Pharmacies at gunpoint.
With respect to the Jan. 30, 2015 robbery, Gallardo entered the pharmacy, jumped over the pharmacy counter while brandishing a firearm, and ordered the pharmacist to open a locker in which controlled substances were stored. Gallardo pointed his firearm at the pharmacist, took her keys, opened the locker, and filled a bag with Oxycodone. Gallardo and Duran were arrested on state charges shortly after the robbery. With respect to the June 6, 2015 robbery, the plea agreement states that Gallardo was armed with a firearm when he entered the pharmacy and jumped over the pharmacy counter. He grabbed two pharmacy employees and directed them to the pharmacy’s controlled substance locker. Gallardo took several bottles of Oxycodone from the locker and ran out of the pharmacy.
Gallardo was sentenced on Dec. 15, 2015, to 15 years in federal prison followed by three years of supervised release.
The pharmacy robbery cases involving the other four defendants have been resolved as follows:
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On July 1, 2015, Victor Hurtado, 20, pled guilty to felony charges arising out of the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Hurtado was sentenced on Dec. 10, 2015, to 141 months in federal prison followed by five years of supervised release.
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On Sept. 17, 2015, Valentin Garcia, 23, pled guilty to felony charges arising out of the Jan. 30, 2015, armed robbery of the CVS Pharmacy located at 4201 Montano in Albuquerque.Garcia was sentenced on Dec. 17, 2015, to ten years in federal prison followed by three years of supervised release.
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On Nov. 17, 2015, Roy Christopher 29, pled guilty to felony charges arising out of the Aug. 3, 2014, robbery of a CVS pharmacy in Albuquerque.Christopher was sentenced on April 8, 2016, to 41 months in prison followed by three years of supervised release.
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On Jan. 19, 2016, Joseph Montano, 23, pled guilty to felony charges arising out of the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Under the terms of his plea agreement, Montano will be sentenced within the range of 80 to 120 months in federal prison.
These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The cases are being prosecuted by Assistant U.S. Attorneys Shaheen P. Torgoley and Joel R. Meyers.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA. It created penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon. The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
These pharmacy robbery cases were prosecuted pursuant to 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. Because New Mexico’s violent crime rates, on a per capita basis, are amongst 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, under this initiative.
The cases also were 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
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U.S. Citizen Residing in Mexico Pleads Guilty to Federal Heroin Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Vicenta Ramona Garcia, 29, a U.S. citizen, who resides in San Luis Rio Colorado, Sonora, Mexico pleaded guilty this morning in federal court in Albuquerque, N.M., to heroin trafficking charges under a plea agreement with the U.S. Attorney’s office.
Garcia and her codefendant Guadalupe Ofelia Lopez-Vasquez, 59, a Mexican national, who also resides in San Luis Rio Colorado, Sonora, Mexico, were arrested in Dec. 2015, after DEA agents seized approximately 15 pounds of heroin from them during consensual searches at the Greyhound Bus Station in Albuquerque. According to the criminal complaint, both women had heat-sealed bundles of heroin strapped to their backs and waists.
Garcia and Lopez-Vasquez were indicted on Dec. 17, 2015, and charged with conspiracy to distribute heroin and possession of heroin with intent to distribute on Dec. 9, 2015, in Bernalillo County, N.M.
During today’s proceedings, Garcia pled guilty to a felony information charging her with conspiracy and possession of heroin with intent to distribute. Garcia admitted that on Dec. 9, 2015, she and Lopez-Vasquez transported heroin from Phoenix, Ariz., to New Mexico on the Greyhound Bus by concealing heat-sealed bundles of heroin underneath their clothing. Garcia further admitted that the two women intended to give the drugs to another person when they reached their final destination of Columbus, Ohio.
Lopez-Vasquez pled guilty to similar charges on April 1, 2016.
At sentencing, Garcia and Lopez-Vasquez each face a maximum penalty of 20 years in federal prison. Both women remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA. 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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.
Farmington Woman Pleads Guilty to Distributing Child PornographyRead the Press Release
ALBUQUERQUE – Tristalyn Valencia, 29, of Farmington, N.M., entered a guilty plea today in federal court in Albuquerque, N.M., to a distribution of child pornography charge. Under the terms of the plea agreement, Valencia will be sentenced to a prison term within the range of ten to 15 years followed by a term of supervised release to be determined by the court. Valencia will be required to register as a sex offender upon her release from prison.
The guilty plea 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.
During today’s proceedings, 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. Valencia admitted that 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 is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Albuquerque Woman Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Reyes Tijerina, 35, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 60 months in federal prison followed by three years of supervised release for her methamphetamine trafficking conviction.
Tijerina was arrested on Jan. 14, 2015, on a two-count indictment charging her with distributing methamphetamine on Sept. 10, 2014 and Sept. 24, 2014, in Bernalillo County, N.M.
On Oct. 5, 2015, Tijerina pled guilty to one count of distribution of methamphetamine. In entering the guilty plea, Tijerina admitted that on Sept. 10, 2014, she sold methamphetamine to an undercover agent.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Jacob Wishard.
Prior Felon from Taos Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Ivan Lujan, 32, of Taos, N.M., was sentenced today in federal court in Santa Fe, N.M., to 51 months in prison followed by three years of supervised release for violating the federal firearms laws.
Lujan was arrested on Oct. 28, 2015, on a criminal complaint charging him with being a felon in possession of a firearm on Oct. 9, 2015, in Bernalillo County, N.M. Lujan was prohibited from possessing firearms or ammunition because of his previous convictions in the 8th Judicial District of New Mexico for trafficking a controlled substance, possession of cocaine, aggravated assault with a deadly weapon, and possession of a firearm or destructive device by a felon.
On Nov. 12, 2015, Lujan entered a guilty plea to a felony information charging him with being a felon in possession of a firearm. In his plea agreement, Lujan admitted that on Oct. 9, 2015, he possessed a semiautomatic pistol even though he was prohibited from doing so because of his status as a convicted felon.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. Assistant U.S. Attorney Jacob Wishard prosecuted the case.
Mexican National Arrested in New Mexico Based on Seizure of More Than Seven Pounds of HeroinRead the Press Release
ALBUQUERQUE – Aaron Martin Mercado-Gracia, 30, a Mexican national from Durango, Mexico, made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with possession of more than seven pounds of heroin with intent to distribute. Mercado-Gracia remains in federal custody pending a preliminary hearing and a detention hearing scheduled for April 13, 2016.
The federal charge against Mercado-Gracia was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., and New Mexico State Police Chief Pete Kassetas.
Mercado-Gracia was arrested on March 25, 2016, after New Mexico State Police officers allegedly found approximately 3.28 kilograms (7.25 pounds) of heroin concealed in the vehicle Mercado-Gracia was driving during a routine traffic stop on Interstate 40 in Cibola County, N.M.
If convicted of the charge in the criminal complaint, Mercado-Gracia faces a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusation and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the New Mexico State Police with assistance from the 13th Judicial District Attorney’s Office for the State of New Mexico.
Assistant U.S. Attorney Eva M. Fontanez 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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.
Hobbs Man Sentenced to 151 Months in Federal Prison for Trafficking Drugs in Lea and Bernalillo CountiesRead the Press Release
ALBUQUERQUE – Joe Padilla, 34, of Hobbs, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 151 months in federal prison followed by four years of supervised release for his conviction on narcotics trafficking charges.
Padilla was one of eight defendants charged as the result of an investigation primarily targeting a drug trafficking organization operating in Lea County, N.M., that allegedly was led by co-defendant Leroy Castillo, 34, of Hobbs, N.M. The investigation, which was led by the FBI and Lea County Drug Task Force (LCDTF) with assistance from the DEA and New Mexico State Police, was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Padilla was arrested in Feb. 2015, on an indictment charging him and co-defendants Castillo, Richard Armijo-Romero, 24, of Moriarity, N.M., Sergio Garza, 35, also of Hobbs, Ruben Estrada, 54, of Las Vegas, N.M., and Charlie Gutierrez, 35, of Albuquerque, N.M., with trafficking narcotics in Lea and Bernalillo Counties, N.M., between late April 2014 and early May 2014. Count 1 of the seven-count indictment charged all six defendants with participating in a cocaine trafficking conspiracy in Lea County in late April and early May 2014. Count 2 charged the six men with participating in a conspiracy to distribute cocaine in Bernalillo County, N.M., on May 1, 2014. Counts 3 and 4 charged Castillo with possession of cocaine and heroin with intent to distribute on May 1, 2014 in Lea County, and Counts 5 and 6 charged Garza with possession of cocaine with intent to distribute on May 1, 2014. Count 7 charged Garza with using and carrying a firearm in relation to a drug trafficking crime.
Padilla was also charged in a separate seven-count indictment filed in June 2014, along with co-defendants Castillo, Mario Flores, 30, of Artesia, N.M., Anthony Pisana, 30, of Roswell, N.M., and Rolando Cantu, 40, of Hobbs. Count 1 of the indictment charged the four men with participation in a methamphetamine trafficking conspiracy from Feb. 2014 through May 2014, in Lea County. Counts 2 and 3 charged certain defendants with possession of methamphetamine with intent to distribute in Eddy and Lea Counties in March 2014, and Counts 4 through 7 charged certain of the defendants with using telephones to facilitate drug trafficking crimes in
Feb., March and April 2016.
Padilla pled guilty on April 7, 2015, to participating in a cocaine trafficking conspiracy and a methamphetamine trafficking conspiracy and to using a telephone to facilitate a drug trafficking crime. Padilla admitted that on April 29, 2014, he agreed with his co-conspirators to deliver money for the purchase of four kilograms of cocaine to an individual in Albuquerque. Padilla also admitted that on March 1, 2014, he communicated with a co-defendant regarding the purchase and distribution of three ounces of methamphetamine.
With the exception of Castillo, all co-defendants have entered guilty pleas. Castillo, who has yet to be arrested, is considered a fugitive. Individuals with information regarding the whereabouts of Castillo are asked to call the FBI at 505-622-6001. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases were investigated by the Las Cruces, Roswell and Albuquerque offices of the FBI and the LCDTF, with assistance from the Las Cruces office of the DEA, the New Mexico State Police and the Phoenix Police Department. The cases are being prosecuted by Assistant U.S. Attorneys Terri L. Abernathy and Shaheen P. Torgoley.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the 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.
New Mexico HOPE Initiative Launches Community Education ProgramRead the Press Release
ALBUQUERQUE – Millions of Americans from coast to coast struggle daily with the negative effects of the nation’s opioid and heroin crisis, but few states are harder hit with overdose deaths than New Mexico. To tackle this growing crisis, Chancellor Paul B. Roth of UNM’s Health Sciences Center and U.S. Attorney Damon P. Martinez launched the New Mexico HOPE – Heroin and Opioid Prevention and Education – Initiative in January 2015.
This initiative is already seeing results. More people are receiving treatment for addiction, and more criminals are being prosecuted for drug trafficking. Now, those efforts will be more fully supported by a comprehensive education program.
“Drug abuse exacts a terrible toll on our community,” said Dr. Roth, a longtime emergency room physician. “This initiative is an important collaboration between our health system and law enforcement to find creative solutions to help people find their way out of the maze of drug addiction.”
“This epidemic does not discriminate. It impacts the lives of the infant born addicted to opioids, and the high school athlete who becomes addicted to opioid painkillers prescribed for an injury and later dies from a heroin overdose, and the grandparent who ends up addicted to opioid painkillers following a medical procedure and doesn’t know where to turn for help. And it impacts the lives of families who are devastated by their loved ones’ addiction and overdose deaths,” said U.S. Attorney Damon P. Martinez. “Through this Initiative, the medical and law enforcement communities are working together to bring hope to New Mexico by educating our communities about the dangers of prescription painkillers and heroin to prevent more New Mexicans from succumbing to this epidemic.”
The HOPE Initiative’s education efforts will be aimed at preventing abuse and addiction in our state’s youth, as well as helping those who are currently suffering from addiction, to find help and hope of recovery. It will also offer support for families struggling to find treatment and other resources for their loved ones who are addicted. Neighbors, coworkers, and others who feel that their safety may be jeopardized by someone’s addiction to or trafficking of opioid painkillers and heroin, can also find help and resources under this program.
UNM Health Sciences Center and the U.S. Attorney’s office, in collaboration with the Drug Enforcement Administration, Bernalillo County Opioid Accountability Initiative and Healing Addiction in our Community (HAC), a non-profit organization, will be utilizing a newly launched website, billboards, social media, the news media, and community and student education programs to reach the public with messages of prevention, treatment, public safety, and hope.
To view the website, go to hopeinitiativenm.org. Billboards are located at 15 locations in Bernalillo County, most within the vicinity of high schools. An image of the billboard and a list of the billboard locations are attached. Interested New Mexicans can follow HOPE on https://twitter.com/USAO_NM and https://www.facebook.com/usaonm/. For information on scheduling an educational event, contact [email protected]. Upcoming event schedules will be available on the website.
HOPE Billboard HOPE Billboard Locations
Mexican National Arrested on Federal Heroin and Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Diego Mauricio Curiel-Cervantes, 22, a Mexican national, made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with heroin and cocaine trafficking offenses. Curiel-Cervantes remains in federal custody pending a preliminary hearing and a detention hearing scheduled for April 11, 2016.
Curiel-Cervantes was arrested early this morning after the DEA agents allegedly found 1.30 gross kilograms (2.6 pounds) of heroin and 3.45 gross kilograms (7.59 pounds) of cocaine concealed in his luggage at the Greyhound Bus Station in Albuquerque.
If convicted on the charges in the criminal complaint, Curiel-Cervantes faces a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaint are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
The New Mexico Heroin and Opioid Prevention and Education (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 Bernalillo County, the Albuquerque City Council, DEA, Healing Addiction in our Community (HAC) 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.
Arizona Man Arrested in New Mexico Based on DEA Seizure of More than Ten Pounds of HeroinRead the Press Release
ALBUQUERQUE – Jose Andres Ramirez, 24, of Phoenix, Ariz., made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with possessing more than ten pounds of heroin with intent to distribute. Ramirez remains in federal custody pending a preliminary hearing and a detention hearing scheduled for April 11, 2016.
Ramirez was arrested yesterday after the DEA allegedly found 4.85 gross kilograms (10.69 pounds) of heroin concealed in his luggage at the Greyhound Bus Station in Albuquerque.
If convicted of the charge in the criminal complaint, Ramirez faces a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaint are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Rumaldo Armijo.
The New Mexico Heroin and Opioid Prevention and Education (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 Bernalillo County, the Albuquerque City Council, DEA, Healing Addiction in our Community (HAC) 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 Conviction Arising Out of Robbery of Retail Pharmacy in August 2014Read the Press Release
ALBUQUERQUE – Roy Christopher, 29, of Albuquerque, N.M., was sentenced today in federal court to 41 months in prison followed by three years of supervised release for his theft of medical products conviction arising out of the robbery of an Albuquerque-area retail pharmacy in Aug. 2014.
Christopher was one of six defendants charged in four indictments that were announced by federal and local officials on April 29, 2015. The indictments alleged that the six defendants robbed retail pharmacies in Albuquerque to illegally obtain Oxycodone and other highly addictive opioid painkillers. The four indictments charged Christopher and five other Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies, including violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.
Christopher was indicted on April 28, 2015, and charged with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) violating the Safe Doses Act by theft of medical products; and (3) possession of Oxycodone with intent to distribute. The charges against Christopher arise out of the robbery of a CVS Pharmacy on Aug. 3, 2014.
On Nov. 17, 2015, Christopher pled guilty to Count 2 of the indictment charging him with violating the Safe Doses Act by robbery involving controlled substances. In entering the guilty plea, Christopher admitted that on Aug. 3, 2014, he entered the CVS pharmacy and handed the attending pharmacy employee a note demanding Oxycodone and that the pharmacy employee complied with his demand. Christopher was apprehended shortly after the robbery. Christopher admitted that he stole more than 200 Oxycodone pills of various dosages during the robbery.
The pharmacy robbery cases involving the other five defendants have been resolved as follows:
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On July 1, 2015, Victor Hurtado, 20, pled guilty to felony charges arising out of the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Hurtado was sentenced on Dec. 10, 2015, to 141 months in federal prison followed by five years of supervised release.
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On Sept. 17, 2015, Valentin Garcia, 23, pled guilty to felony charges arising out of the Jan. 30, 2015, armed robbery of the CVS Pharmacy located at 4201 Montano in Albuquerque.Garcia was sentenced on Dec. 17, 2015, to ten years in federal prison followed by three years of supervised release.
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On Sept. 4, 2015, Blake Gallardo, 22, pled guilty to felony charges arising out of the June 6, 2015, robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque.Gallardo was sentenced on Dec. 15, 2015, to 15 years in federal prison followed by three years of supervised release.
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On Sept. 24, 2015, Josephine Duran, 23, pled guilty to felony charges arising out of the June 6, 2015, robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque.Under the terms of her plea agreement, Duran will be sentenced to a prison term within the range of 48 to 100 months.
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On Jan. 19, 2016, Joseph Montano, 23, pled guilty to felony charges arising out of the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Under the terms of his plea agreement, Montano will be sentenced within the range of 80 to 120 months in federal prison.
These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The cases are being prosecuted by Assistant U.S. Attorneys Shaheen P. Torgoley and Joel R. Meyers.
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.
These cases are being prosecuted pursuant to 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. Because New Mexico’s violent crime rates, on a per capita basis, are amongst 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, under this initiative.
The cases also are being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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.
The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA. It created penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon. The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
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Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jason Martinez, 27, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Martinez and his co-defendant Joseph Vallejos, 23, also of Roswell, were charged in a criminal complaint with conspiracy and possession of methamphetamine with intent to distribute in Sept. 2015, in Chaves County, N.M. According to the criminal complaint, on Sept. 10, 2015, Martinez and Vallejos sold quantities of methamphetamine to an undercover agent on the following dates: 15.3 grams on Sept. 10, 2015, 15 grams on Sept. 11, 2015, and 56.7 grams on Sept. 16, 2015. Vallejos was also charged with possessing a firearm during the Sept. 16, 2015 transaction.
Martinez and Vallejos were subsequently indicted on Dec. 17, 2015, and charged with conspiracy to distribute methamphetamine and three counts of distributing methamphetamine. The indictment also charged Vallejos with using a firearm in relation to a drug trafficking crime. The indictment included forfeiture allegations requiring Martinez and Vallejos to forfeit $3,000.00 to the United States.
During today’s proceedings, Martinez pled guilty to the indictment and admitted conspiring to sell a total of 87 grams of methamphetamine to an undercover agent in Chaves County in Sept. 2015.
At sentencing, Martinez faces a statutory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. Martinez remains in custody pending a sentencing hearing which has yet to be scheduled.
Vallejos has entered a not guilty plea to the indictment and remains in custody pending trial which is currently scheduled for June 20, 2016. Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.