District of New Mexico
Press releases recorded for this federal judicial district.
Pawankumar Jain Pleads Guilty to Unlawfully Dispensing Prescription Painkillers and Health Care FraudRead the Press Release
ALBUQUERQUE – Pawankumar Jain, 63, a physician whose license has been revoked, entered a guilty plea this morning in federal court in Las Cruces, N.M., to unlawfully dispensing controlled substances and health care fraud. The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.
Jain initially was charged in a 111-count indictment filed in April 2014. The indictment charged Jain with 61 counts of unlawfully dispensing controlled substances and 50 counts of healthcare fraud. A 138-count second superseding indictment filed in June 2015 added new charges for a total of 79 unlawful dispensing charges and 59 healthcare fraud charges. The superseding indictment alleged that Jain committed the offenses charged between April 2009 and June 2010, in Doña Ana County, N.M. During that time, Jain was a licensed physician with a neurology subspecialty who operated a pain management medical practice in Las Cruces. Jain’s medical license was suspended in June 2012, and subsequently revoked in Dec. 2012 by the New Mexico Medical Board.
The 79 dispensing counts in the superseding indictment charged Jain with unlawfully dispensing prescription painkillers, primarily Oxycodone and methadone, to patients outside the usual course of medical practice and without a legitimate medical purpose. The 59 healthcare fraud counts alleged that Jain engaged in a scheme to defraud two federal health care benefit programs, Medicare and Medicaid, by submitting claims for payment for prescription medications he dispensed to patients outside the usual course of medical practice and without legitimate medical purpose. The superseding indictment included allegations that Jain’s criminal conduct resulted in the deaths of four patients.
Today Jain pled guilty to one count of unlawfully dispensing a controlled substance and one count of health care fraud. In his plea agreement, Jain acknowledged that from June 2007 through Feb. 2012, he was a licensed physician who practiced medicine in Las Cruces, and operated a “high volume practice, which included ‘pain management’ treatment for many patients.”
In his treatment of one patient identified as “M.E.B.,” Jain admitted conducting “cursory exams and [that he] did not document a therapeutic benefit from the narcotics he was prescribing for her.” Jain’s plea agreement states that he last saw M.E.B. as a patient on Nov. 25, 2009 when he “conducted a superficial exam … [and] wrote two prescriptions, each for 270 tablets of methadone 10 mg, one dated November 25, 2009, and the second dated December 23, 2009. M.E.B. filled each of these prescriptions, which were issued outside the usual course of medical practice and without a legitimate medical purpose. . . . Two days after she filled the second prescription, M.E.B. died on December 25, 2009.”
Jain also admitted committing health care fraud in connection with his treatment of M.E.B. Jain’s plea agreement states that he knew M.E.B. was insured by Medicare and that claims to cover the costs of the medication he prescribed for her would be submitted to Medicare for payment, which was in keeping with his scheme to defraud Medicare. It further states that each of the two prescriptions Jain wrote for M.E.B. on Nov. 25, 2009, were submitted to Medicare for payment, which was consistent with his intent.
Jain has been in federal custody since April 2014, and remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Jain will be sentenced to a prison term within the range of 42 to 108 months followed by a term of supervised release to be determined by the court.
“This guilty plea should put health care providers who operate pill mills on notice that the authority to prescribe highly addictive controlled substances comes with accountability and responsibility. Doctors take an oath to ‘first, do no harm.’ To fulfill that oath, health care providers who prescribe opioid painkillers must be vigilant not only in their prescribing practices but also in the follow-up care they provide to their patients. Failure to do so can result in addiction and even death for their patients,” said U.S. Attorney Damon P. Martinez. “This guilty plea comes at a time when the abuse of opioid painkillers, such as Oxycodone, has become a national epidemic that is having a devastating impact on New Mexicans, and the efforts of the DEA and FBI in investigating this case must be commended. This case demonstrates that law enforcement can and will act forcefully with respect to those who supply drugs – including doctors.”
“Dr. Jain was entrusted with the care and well-being of patients in our community. Tragically, he took advantage of that trust and endangered the lives of his own patients,” said DEA Special Agent in Charge Will Glaspy. “Prescription drug abuse is a leading cause of heroin addiction and overdose deaths in the United States which has taken over 44,000 lives in the past year. Physicians are generally part of the solution to our medical concerns. Sadly, Dr. Jain was part of the problem.”
“Doctors who over-prescribe opioid pain medication contribute to a national epidemic of drug overdoses that annually kills thousands of people from every background and income level.
While this plea won't repair the damage done to the victims or their families, it will hopefully head off future tragedies by making some doctors think twice before recklessly prescribing pain-killers. If that happens, then all the hard work that went into this case will have been worth it,” said FBI Special Agent in Charge Terry Wade. “I thank the FBI Special Agents and support staff who worked closely with the DEA, New Mexico Medical Board and New Mexico Board of Pharmacy on this case, and I congratulate the U.S. Attorney’s Office for a successful prosecution.”
This case was investigated by the DEA’s Tactical Diversion Team in El Paso, Texas and the FBI’s Healthcare Fraud Unit with assistance from the New Mexico Medical Board and the New Mexico Board of Pharmacy. The case is being prosecuted by Assistant U.S. Attorneys Sarah M. Davenport and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
This case is 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 is 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 individuals who participate in drug diversion schemes, pill mills, rogue clinics and pharmacies, and prescription drug rings for investigation and prosecution is a priority of the HOPE Initiative.
New Jersey Man Sentenced to Federal Prison for Fraud Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Michael Silva, 25, of West Orange, N.J., was sentenced today in federal court in Albuquerque, N.M., to 18 months in prison followed by three years of supervised release for his conviction on fraudulent use of counterfeit access devices charges.
Silva was arrested on Sept. 11, 2015, on a 15-count indictment charging him with one count of conspiracy to commit aggravated identity theft, 11 counts of access devise fraud, and two counts of aggravated identity theft. The indictment alleged that from March 7, 2015 through April 21, 2015, Silva conspired with others to commit access device fraud and aggravated identity theft in Bernalillo, Sandoval and Santa Fe Counties, N.M.
According to the indictment, Silva participated in a conspiracy to use electronic devices known as “skimmers” on Automatic Teller Machines (ATM) to record information encoded on bank cards inserted into ATMs by legitimate bank customers. The “skimmers” permitted Silva and his coconspirators to record Personal Identification Number (PIN) codes and magnetic data recorded from bank cards to create fraudulent bank cards. They then used the fraudulent bank cards to access the bank accounts of legitimate bank customers.
On Nov. 12, 2015, Silva entered a guilty plea to two counts of access device fraud. In entering the guilty plea, Silva admitted that in April 2015, he possessed electronic devices that could be used to unlawfully obtain bank account information and PIN codes from innocent users at ATMs. Silva admitted using the electronic devices known as “skimmers” to obtain PIN codes and to create fraudulent bank cards. Silva further admitted that on April 19, 2015, he used two counterfeit bank cards at the ATM at First Financial Credit Union on San Mateo Blvd. in Albuquerque to withdraw a total of $600.00 in cash from bank accounts without permission from the account holders.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the Albuquerque Police Department. Assistant U.S. Attorney Jonathon M. Gerson prosecuted the case.
Mexican Nationals Arrested in New Mexico on Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Four Mexican nationals made their initial appearances this morning in federal court in Las Cruces, N.M., on a criminal complaint charging them with methamphetamine trafficking offenses. All four remain in federal custody pending preliminary hearings and detention hearings which have yet to be scheduled.
Jobel Irai Fontes-Nieto, 29, Antonio Ignacio Villa-Garcia, 30, Jesus Manuel Rodela-Castillo, 22, and Manuel Carreon-Chavira, 25, all of Chihuahua, Mexico, were arrested on Feb. 5, 2016, in Sunland Park, N.M., after law enforcement agents recovered five sealed bundles containing approximately 5.46 pounds of methamphetamine from the four men during an undercover operation.
If convicted of the charges in the criminal complaint, all four defendants face a statutory mandatory minimum of ten years and maximum of life in federal prison and will be deported following their incarceration. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. Assistant U.S. Attorneys John Balla and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Domestic Violence Offender from Alamogordo Sentenced for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Orlando G. Lucero, III, 44, of Alamogordo, N.M., was sentenced today in federal court in Las Cruces, N.M., to three years of probation including eight months of home detention with location monitoring for violating the federal firearms laws.
Lucero was arrested on March 25, 2015, on a criminal complaint charging him with unlawfully possessing a firearm and ammunition on Feb. 17, 2015 in Otero County, N.M. The criminal complaint alleged that Lucero was prohibited from possessing firearms or ammunition because of his conviction on a misdemeanor domestic violence charge.
Lucero was subsequently indicted on June 24, 2015. According to the indictment, Lucero was prohibited from possessing firearms or ammunition because he previously had been convicted of misdemeanor crimes of domestic violence, battery against a household member and aggravated assault against a household member with a deadly weapon, in the 12th Judicial District Court in Otero County.
On Aug. 21, 2015, Lucero pled guilty to the indictment and admitted that on Feb. 17, 2015, he was in possession of a firearm and approximately 167 rounds of ammunition. Lucero further admitted that at the time he was prohibited from possessing firearms and ammunition because of his prior convictions on domestic violence offenses.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Probation and Parole Division of the New Mexico Corrections Department and the New Mexico State Police. Assistant U.S. Attorney Maria Y. Armijo prosecuted the case.
Deming Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Flavio Loya Moncada, 53, of Deming, N.M., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
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., after Moncada attempted to sell approximately 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 also included forfeiture allegations requiring Moncada to forfeit $10,600.00 to the United States.
During yesterday’s proceedings, 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.
At sentencing, Moncada faces a mandatory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. Moncada remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and is being 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.
Carlsbad Man Pleads Guilty to Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Johnny Joe Crowley, 50, of Carlsbad, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to violating federal narcotics trafficking and firearms laws. Under the terms of his plea agreement, Crowley will be sentenced within the range of 84 to 96 months in federal prison followed by a term of supervised release to be determined by the court.
Crowley was arrested on July 28, 2015, on a criminal complaint charging him with being a felon in possession of a firearm in Eddy County, N.M., on March 10, 2015. On that day, the Pecos Valley Drug Task Force (PVDTF) executed a search warrant at Crowley’s residence and seized approximately $3,248.00 in cash, a loaded handgun, ammunition and approximately 13.75 grams of methamphetamine.
Crowley was subsequently indicted on Dec. 9, 2015, and charged with possession of methamphetamine with intent to distribute and being a felon in possession of firearms and ammunition. At the time, Crowley was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including aggravated assault, receiving stolen property, distribution of methamphetamine, criminal damage to property, failure to appear, felon in possession of a firearm, escape from custody of a peace officer and conspiracy.
During today’s change of plea hearing, Crowley pled guilty to the indictment and admitted that on March 10, 2015, he possessed 14 grams of methamphetamine and a handgun. Crowley acknowledged that he was prohibited from possessing firearms because of his status as a convicted felon.
Crowley remains in federal custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force. Assistant U.S. Attorney Randy M. Castellano is prosecuting the case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
California Man Pleads Guilty to Methamphetamine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Edgar Rodriguez, 26, of San Diego, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Rodriguez will be sentenced to 54 months in federal prison followed by a term of supervised release to be determined by the court.
Rodriguez was arrested in May 2015, and charged in a criminal complaint with possession of methamphetamine with intent to distribute on May 15, 2015, in Bernalillo County, N.M. According to the criminal complaint, on May 15, 2015, Homeland Security Investigations (HSI) agents executed a traffic stop on a vehicle driven by Rodriguez on Interstate 40. While searching Rodriguez’s vehicle, the agents found approximately 11 pounds of methamphetamine concealed in the vehicle. Rodriguez was indicted on the same charge on May 28, 2015.
During today’s proceedings, Rodriguez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Rodriguez admitted that on May 15, 2015, he consented to a search of his car during a traffic stop and that the officer conducting the search found the methamphetamine in the car.
Rodriguez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of HSI and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Albuquerque Felon Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Francisco Roberto Esquibel, Jr., 34, of Albuquerque, N.M., pleaded guilty today in federal court to unlawfully possessing a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.
Esquibel was charged in a criminal complaint filed on June 11, 2015, with being a felon in possession of a firearm and ammunition. The complaint alleged that Esquibel unlawfully possessed a stolen firearm at his residence in Albuquerque on June 10, 2015. According to the complaint, the Albuquerque Police Department (APD) found the firearm while arresting Esquibel on an outstanding warrant.
Esquibel was subsequently indicted on July 31, 2015. According to the indictment, Esquibel was prohibited from possessing firearms or ammunition because he previously had been convicted of conspiracy to commit armed robbery, aggravated battery with a deadly weapon, felon in possession of a firearm, receiving or transferring a stolen motor vehicle, and possession of controlled substance with intent to distribute.
During today’s hearing, Esquibel pled guilty to the indictment. At sentencing Esquibel faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the Albuquerque Police Department. Assistant U.S. Attorney Jacob Wishard in prosecuting the case.
Taos Pueblo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE—Julian Concha, 26, a member and resident of Taos Pueblo, N.M., was sentenced this morning in Santa Fe, N.M., to 37 months in prison followed by three years of supervised release for his federal assault conviction.
Concha was arrested on Feb. 13, 2015, on an indictment charging him with assault resulting in serious bodily injury and two counts of assault with a dangerous weapon. The indictment alleged that the crimes were committed on Jan 15, 2013, in Taos Pueblo in Taos County, N.M.
On Aug. 6, 2015, Concha pled guilty to a felony information charging him with assault resulting in serious bodily injury and assault by striking, beating or wounding. In entering the guilty plea, Concha admitted that on Jan. 15, 2013, he assaulted a woman by striking her on the face and head resulting in permanent damage to her left eye. He also admitted assaulting a man by striking, beating and wounding the man’s face and head.
This case was investigated by Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Police Department. Assistant U.S. Attorneys Kristopher N. Houghton and Niki Tapia-Brito prosecuted the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Former Nurse and Home Healthcare Provider Sentenced for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – John Jaramillo, 46, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for his federal child pornography conviction. Jaramillo will be on supervised release for five years following his release from prison. He also will be required to register as a sex offender.
Jaramillo was arrested on April 24, 2014, by special agents of Homeland Security Investigations (HSI) on a criminal complaint charging him with receiving and possessing visual depictions of minors engaged in sexually explicit conduct. At the time of his arrest, Jaramillo was a registered nurse employed by two home healthcare providers that provide mental health and medical care for children and adolescents.
According to court filings, the investigation leading to Jaramillo’s arrest began in Nov. 2013, when an agent with the New Mexico State Police identified an IP address that was being used to share child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks. Subsequent investigation revealed that the IP address was subscribed to Jaramillo’s residence. On April 24, 2014, HSI, the New Mexico State Police, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department, all agencies that participate in the New Mexico Internet Crimes Against Children (ICAC) Task Force, executed a federal search warrant at the residence and seized Jaramillo’s computer and computer-related media. A forensic examination of Jaramillo’s computer recovered approximately 255 images and videos consistent with child pornography.
On May 21, 2014, Jaramillo was indicted and charged with receipt of child pornography and possession of child pornography. The indictment alleged that Jaramillo received and possessed child pornography from June 2013 to March 2014 in Bernalillo County, N.M. Jaramillo pled guilty to the indictment on Sept. 22, 2014, without the benefit of a plea agreement.
This case was investigated by the Albuquerque office of HSI, the New Mexico State Police, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department.
The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard 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 NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Farmington Man Sentenced to Prison for Robbing Bank in March 2015Read the Press Release
ALBUQUERQUE – Richard Allen Buckner, 23, of Farmington, N.M., was sentenced today in federal court in Albuquerque, N.M., to 24 months in federal prison for his bank robbery conviction. Buckner will be on supervised release for three years following his incarceration.
Buckner was arrested on March 20, 2015, on a criminal complaint alleging that he robbed the First Convenience Bank- East Banking Center located in the Walmart store located at 4600 East Main Street in Farmington on March 18, 2015. According to the complaint, a man later identified as Buckner approached a bank teller with a handwritten note demanding cash. After obtaining cash from the bank teller, Buckner left in a vehicle. Thereafter two witnesses contacted the Farmington Police Department and identified Buckner as the bank robber after viewing surveillance photographs. The investigation revealed that Buckner used part of the money from the bank robbery to make a down payment on a vehicle.
Buckner was subsequently indicted on a bank robbery charge on April 14, 2015. On Sept. 1, 2015, Buckner entered a guilty plea to the indictment without the benefit of a plea agreement.
This case was investigated by the Farmington office of the FBI and the Farmington Police Department. Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.
Former Las Cruces Elementary School Janitor Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – David Anaya Garcia, 32, of Las Cruces, N.M., pleaded guilty today in federal court to a federal child pornography charge. At the time he committed the crime, Garcia was employed as a janitor in a Las Cruces elementary school.
Garcia was arrested in July 2015, on a criminal complaint charging him with distribution of child pornography and possession of child pornography. According to the complaint, Homeland Security Investigations (HSI) initiated the federal investigation leading to Garcia’s arrest in June 2015, after the New Mexico Office of the Attorney General reported that an investigation by the New Mexico Internet Crimes Against Children (ICAC) Task Force revealed that an IP Address subscribed to Garcia’s residential address was being used to download child pornography. The Las Cruces Police Department and HSI arrested Garcia and executed a federal search warrant at his residence on July 1, 2015.
Garcia was subsequently indicted on Sept. 16, 2015, and charged with distributing child pornography on March 26, 2015, receiving child pornography from March 2015 through April 2015, and possessing child pornography on July 1, 2015. All offenses charged in the indictment occurred in Doña Ana County, N.M.
During today’s proceedings, Garcia pled guilty to receipt and distribution of child pornography and admitted that between March 12, 2015 and April 30, 2015, he distributed child pornography through file-sharing software that allowed others to download the images and videos he saved to a shared folder. Garcia further admitted that on July 2, 2015, agents from HSI executed a search warrant on his home where they seized an HP Pavilion laptop containing five images and 88 videos depicting child pornography and a thumb-drive containing 56 images and 55 videos depicting child pornography.
At sentencing, Garcia faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in federal prison followed by not less than five years of supervised release. Garcia will also be required to register as a sex offender.
This case was investigated by the Las Cruces office of HSI, the Las Cruces Police Department, the New Mexico Office of the Attorney General, the New Mexico ICAC Task Force and the New Mexico Regional Computer Forensic Laboratory. The case is being prosecuted by Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 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 NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Armed Career Criminal from Albuquerque Sentenced to 22 Years for Firearms Offenses Arising Out of Armed Robbery in Santa FeRead the Press Release
ALBUQUERQUE – Elias Atencio, 38, of Albuquerque, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 22 years in prison followed by three years of supervised release for his conviction on firearms charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Patrick Gallagher of the Santa Fe Police Department.
U.S. Attorney Damon P. Martinez said that Atencio was being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
ATF Special Agent in Charge Thomas G. Atteberry stated, “No greater priority exists in our enforcement efforts than taking an armed career criminal off the streets. We will continue to aggressively support the U.S. Attorney’s violent crime initiative targeting the ‘worst of the worst’ offenders.”
“The City of Santa Fe is better for getting this hardened career criminal off our streets. He was a serious threat to not only the innocent cashiers behind the counters, but also customers who walked into the stores,” said Santa Fe Police Chief Patrick Gallagher. “Atencio’s litany of dangerous felonies range from armed robbery, burglary and assault with a deadly weapon and show that he wasn’t afraid to put others in danger to get his way. This conviction locks away that threat for a very long time and sends a message to other criminals that law enforcement agencies are working together to stop lawbreakers threatening our residents.”Atencio was charged in March 2013, in a three-count indictment with being a felon in possession of a firearm and ammunition; committing commercial robbery in violation of the Hobbs Act; and brandishing a firearm during a crime of violence. According to the indictment, Atencio committed the three offenses on Feb. 23, 2012, in Santa Fe County, N.M. At the time, Atencio was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including armed robbery, forgery, aggravated assault with a deadly weapon, and burglary.
On Aug. 6, 2014, Atencio entered guilty pleas to the two firearms offenses charged in Counts 1 and 3 of the indictment. In his plea agreement, Atencio admitted that on Feb. 23, 2012, he unlawfully possessed a .45 caliber semiautomatic pistol. Atencio admitted brandishing the firearm when he robbed the Walgreens store located at 1096 St. Francis Drive in Santa Fe, N.M. Atencio was arrested in this case in April 2013, after he was transferred to federal custody from state custody.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Santa Fe Police Department with assistance from the 1st Judicial District Attorney’s Office. Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.
Albuquerque Man Sentenced to Five Years for Federal Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Victor Sanchez, Jr., 45, of Albuquerque, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 60 months in prison followed by four years of supervised release for his heroin trafficking conviction.
On May 28, 2015, Sanchez pled guilty to a felony information charging him with possession of heroin with intent to distribute. In entering the guilty plea, Sanchez admitted that on Oct. 28, 2013, deputies of the Bernalillo County Sheriff’s Office executed a search warrant at his residence where they seized approximately 240 grams of heroin. Sanchez further admitted that when deputies arrived at his residence, he attempted to flush the heroin down a toilet but deputies entered the bathroom before he could do so.
This case was investigated by the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.
This case is 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Acoma Pueblo Man Sentenced to Fifteen Years for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Emery Vallo, Sr., 60, a member and resident of Acoma, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 15 years in federal prison for his child sexual abuse conviction. Vallo will be on supervised released for five years following his release from prison. He also will be required to register as a sex offender.
Vallo was arrested on Oct. 23, 2015, on an indictment alleging that he sexually abused the child victim from May 1, 2002 through Sept. 1, 2003, and attempted to sexually abuse the child victim from March 1, 2007 through Sept. 1 2007. The charges alleged in the indictment took place in Indian Country in Cibola County, N.M.
On Nov. 6, 2015, Vallo entered a guilty plea to an aggravated sexual abuse charge. In entering his guilty plea, Vallo admitted sexually molesting a child on two separate occasions between May 2002 and Sept. 2003. He also admitted attempting to sexually molest the same child between March 2007 and Sept. 2007. Vallo also acknowledged sexually molesting a five-year-old child approximately 40 years ago when he was 18 years old. Although the statute of limitations has long since lapsed on that crime, Vallo acknowledged the crime to provide solace to the victim who is still affected by the incident.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney David Adams 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/.
*****media Advisory*****Read the Press Release
ALBUQUERQUE – Officials from the U.S. Department of Justice, Bernalillo County Commission and University of New Mexico Health Sciences Center will meet with the media at 11:00 A.M. on TUESDAY, FEBRUARY 9, 2016, to discuss ongoing efforts to educate New Mexico’s youth and young adults about the perils of heroin and prescription drug abuse. They will be joined by community stakeholders.
WHO:
U.S. Attorney Damon P. Martinez
Bernalillo County Commissioner Maggie Hart Stebbins
Special Agent in Charge Terry Wade, FBI Albuquerque Division
Assistant Special Agent in Charge Sean R. Waite, DEA Albuquerque District Office
Dr. Joanna G. Katzman, Director, UNM Pain Center
Michel Disco, Assistant Dean for External Programs, UNM College of Pharmacy
Ryan P. Cangiolosi, Senior Strategic Advisor & Director of Strategic Communications at the UNM Health Sciences Center
WHEN:
TUESDAY, FEBRUARY 9, 2016, 11:00 a.m.
WHERE:
U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
This dialogue with the media, which is presented by the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative, will begin at 11:00 a.m. It will follow the 10:00 a.m. screening of Chasing the Dragon: The Life of an Opiate Addict, a 45-minute documentary film unveiled last week by the FBI and DEA which is aimed at educating students and young adults about the dangers of addiction. The documentary profiles the stories of several people who either abused opiates or had family members become addicts, and looks at the tragic consequences associated with opioid abuse. The documentary, which is intended to reach students and young adults before they become addicted, may be viewed at https://www.fbi.gov/news/stories/2016/february/raising-awareness-of-opioid-addiction. Note: the documentary includes profanity which has been muted on the version available at this link.
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 is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. This dialogue is part of the prevention and education component of the HOPE Initiative.
NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials. Media may begin to arrive at 10:45 a.m. MDT. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
San Ildefonso Pueblo Man Pleads Guilty to Federal Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Juan Pena, 72, an enrolled member of the San Ildefonso Pueblo who resides in Santa Fe, N.M., pleaded guilty today in federal court to a child sexual abuse charge. The guilty plea was entered without the benefit of a plea agreement.
Pena was arrested on Aug. 19, 2015, on an indictment charging him with abusive sexual contact of a minor between the ages of 12 and 16 on May 25, 2015, in Indian Country in Santa Fe County, N.M.
During today’s proceedings, Pena pled guilty to the indictment and admitted that on May 25, 2015, he engaged in sexual contact with the victim who was between the ages of 12 and 16 with intent to abuse, humiliate, harass and degrade the victim.
Pena was remanded into federal custody after entering his guilty plea and will be detained pending his sentencing hearing which has yet to be scheduled. Pena faces a maximum statutory penalty of two years in prison and will be required to register as a sex offender.
This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services.
The case is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez 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/.
Mescalero Apache Man Pleads Guilty to Federal Methamphetamine Distribution ChargeRead the Press Release
ALBUQUERQUE – Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to a methamphetamine distribution charge under a plea agreement with the U.S. Attorney’s Office.
Rice was one of 34 individuals charged with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014 in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Rice was arrested on Dec. 29, 2015, on a criminal complaint charging him with distribution of methamphetamine on March 25, 2015, in Otero County, N.M. According to the complaint, on March 25, 2015, Rice sold approximately one gram of methamphetamine to undercover law enforcement agents in Mescalero.
During today’s proceedings, Rice pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and admitted that on March 25, 2015, he sold .75 grams of pure methamphetamine to an individual who, unbeknownst to him, was an undercover law enforcement agent for $100.00.
At sentencing, Rice faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Rice remains in custody pending a sentencing hearing which has yet to be scheduled.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
Rio Rancho Woman Sentenced to Federal Prison for Aggravated Identity Theft ConvictionRead the Press Release
ALBUQUERQUE – Amber Hilton, 33, of Rio Rancho, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 24 months in federal prison followed by one year of supervised release for her aggravated identity theft conviction. Hilton was also ordered to pay $5,260.86 in restitution to the U.S. Postal Service.
Hilton was indicted on Nov. 5, 2014, and charged with possession of a counterfeit U.S. Postal Service key to a lock box for the purpose of mail theft on Oct. 14, 2014, in Sandoval County, N.M., attempted use of a Home Depot credit card on Sept. 26, 2014, in Bernalillo County, N.M., and identity theft on Sept. 26, 2014, in Bernalillo County.
The indictment was superseded on Feb. 25, 2015, and charged Hilton with attempt to defraud Wells Fargo Bank by attempting to cash two checks which had been altered to reflect a stolen identity on Sept. 7, 2014, in Bernalillo County, identity theft on Sept. 7, 2014, in Bernalillo County, attempted use of a Best Buy credit card on Sept. 24, 2014, in Doña Ana County, N.M., attempted use of a Home Depot credit card on Sept. 25, 2014, in Sandoval County, N.M., attempted use of a Home Depot credit card on Sept. 26, 2014, in Bernalillo County, aggravated identity theft on Sept. 26, 2014, in Bernalillo County and possession of a counterfeit U.S. Postal Service key to a lock box for the purpose of mail theft on Oct. 14, 2014, in Sandoval County.
On Aug. 7, 2015, Hilton pled guilty to aggravated identity theft and admitted that on Oct. 10, 2014, in Bernalillo County, she attempted to use a Home Depot credit card and attempted to obtain more than $1,000.00 with the credit card. Hilton further admitted that she possessed identification of another person in relation to the attempted credit card fraud.
This case was investigated by the U.S. Postal Inspection Service. Assistant U.S. Attorney Norman Cairns prosecuted the case.
Las Vegas, N.M., Man Sentenced for Falsely Impersonating a Federal OfficerRead the Press Release
ALBUQUERQUE – Leon Herrera, 37, of Las Vegas, N.M., was sentenced today in federal court in Albuquerque, N.M., to a year of probation for falsely impersonating a federal officer. Herrera was also ordered to perform 250 hours of community service.
On Oct. 16, 2015, Herrera entered his guilty plea to a felony information charging him with impersonating a Special Agent of the DEA on Dec. 15, 2014, in Colfax County, N.M. In his plea agreement, Herrera admitted that he committed the crime at the behest of a friend who was then employed as a deputy sheriff in Colfax County (friend).
According to Herrera’s plea agreement, on Dec. 15, 2014, Herrera received a call from his friend while the friend was conducting a traffic stop on motorists he believed to be drug traffickers. The friend reported to Herrera that he found approximately $8,000.00 cash in the motorists’ vehicle. The friend then asked Herrera to speak with one of the motorists and tell him that he was a DEA Special Agent and intended to seize the currency as proceeds of criminal activity. Herrera acquiesced to his friend’s request and had a conversation with one of the motorists during which he falsely identified himself as a representative of the DEA and would be seizing the money for law enforcement purposes. The plea agreement states that the friend told him that he intended to keep the currency for his personal use, and offered to give $1,000.00 to Herrera for assisting him.
In his plea agreement, Herrera acknowledges that he later learned that the motorists were undercover law enforcement officers and that the currency seized from their vehicle, $7,500.00, belonged to the FBI.
This case was investigated by the Santa Fe and Albuquerque offices of the FBI and the New Mexico State Police. Assistant U.S. Attorney Sean J. Sullivan prosecuted the case.
Colorado Woman Pleads Guilty to Federal Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Yolanda Gonzalez, 35, of Denver, Colo., pleaded guilty today in federal court in Las Cruces, N.M., to a cocaine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Gonzalez was arrested in July 2015, after U.S. Border Patrol agents at the Border Patrol Checkpoint on I-25 north of Las Cruces, found approximately 2.72 kilograms of cocaine concealed in the car battery of Gonzalez’s vehicle during a routine inspection. Gonzalez was subsequently indicted on Oct. 15, 2015, and charged with possession of cocaine with intent to distribute on July 26, 2015, in Doña Ana County, N.M.
During today’s proceedings, Gonzalez pled guilty to the indictment and admitted that on July 26, 2015, she drove her car to the Border Patrol checkpoint on I-25 where agents found 2.72 kilograms of cocaine hiding in her car. Gonzalez further admitted that she intended to deliver the cocaine to someone else for distribution in the United States.
At sentencing, Gonzalez faces a minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Border Patrol and the DEA and is being prosecuted by Assistant U.S. Attorneys Anna R. Wright and Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
California Man Sentenced to Prison for Federal Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Oscar Toro, 43, of Fremont, Calif., was sentenced today in federal court in Albuquerque, N.M., to 57 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Toro was charged in March 2014, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute on March 4, 2014, in Bernalillo County, N.M. According to the complaint, Toro was arrested after law enforcement seized approximately 3.4 kilograms of methamphetamine from a hidden compartment underneath Toro’s vehicle. Toro was subsequently indicted on March 26, 2014, and charged with possession of methamphetamine with intent to distribute.
On Oct. 20, 2015, Toro pled guilty to the indictment and admitted that on March 4, 2014, law enforcement officers found 3,415 grams of methamphetamine in a hidden compartment in his vehicle. Toro further admitted that he was given $1,000.00 to drive the methamphetamine from Calif. to Ky., and would later receive another $5,000.00.
This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Rumaldo Armijo prosecuted the case.
California Man Pleads Guilty to Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Oscar Casillas-Nunez, 39, of Orosi, 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.
Casillas-Nunez and his co-defendant Gilbert Rosales, 43, of Dinuba, Calif., were arrested in Oct. 2013, on a criminal complaint charging them with conspiracy to distribute cocaine after DEA agents found approximately 4.6 kilograms of cocaine in their baggage during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 16, 2013. Both men were indicted on Oct. 30, 2013, and charged with conspiracy to distribute cocaine and possession of cocaine with intent to distribute in Bernalillo County, N.M.
During today’s proceedings, Casillas-Nunez pled guilty to a felony information charging him with possession of cocaine with intent to distribute. In entering his guilty plea, Casillas-Nunez admitted that on Oct. 16, 2013, he traveled through Albuquerque with cocaine that he intended to distribute to other people but was arrested by law enforcement agents before he could reach his final destination.
At sentencing, Casillas-Nunez faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. He will remain in custody pending a sentencing hearing which has yet to be scheduled.
Rosales previously pled guilty to the indictment on March 27, 2015, and admitted that on Oct. 16, 2013, he and Casillas-Nunez transported cocaine while traveling through Albuquerque on the Amtrak Train. Rosales further admitted that when the pair arrived in Albuquerque, he left the train to avoid police. Rosales further admitted that when police questioned Casillas-Nunez, he abandoned the bag containing the cocaine was in and did not return to the train. Rosales was sentenced on Oct. 29, 2015, to 60 months in federal prison followed by four years of supervised release.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Former Judge-Disbarred Lawyer Pleads Guilty to Federal Fraud ChargesRead the Press Release
ALBUQUERQUE – A former New Mexico Workers’ Compensation Administrative Law Judge (ALJ) and disbarred lawyer pleaded guilty today in federal court to defrauding the Social Security Administration (SSA) of more than $40,000.00 and an estate and its beneficiaries of almost $572,000.00. Juanita Roibal-Bradley, 60, of Albuquerque, N.M., entered guilty pleas to one count of failing to disclose an event affecting the continued right to Social Security benefit payments and twelve counts of wire fraud. Under the terms of her plea agreement, Roibal-Bradley will be sentenced to a prison term not to exceed 39 months and will be ordered to pay restitution in an amount to be determined by the court to the victims of her crimes.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Special Agent in Charge Robert Feldt of the Social Security Administration, Office of the Inspector General.
In announcing the guilty plea, U.S. Attorney Damon P. Martinez said, “To protect the public and its faith in our judicial system, the U.S. Attorney’s Office will vigorously prosecute officers of the court who abuse their positions of trust and take advantage of the public.”
“Criminals who prey on innocent victims and cheat a government program that helps retirees and the disabled deserve serious penalties. When an offender is a former judge and attorney, law enforcement and prosecutors need to be even more aggressive to restore public confidence in our legal system,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “The FBI thanks the Social Security Administration’s Office of Inspector General for its hard work on this case, and congratulates the U.S. Attorney’s Office on a successful prosecution.”
“The Social Security Administration, Office of Inspector General will vigorously investigate individuals committing fraud against Social Security programs. This instant case represents cooperation amongst agencies to bring to justice those who take advantage of government programs and innocent victims,” said Special Agent in Charge Robert Feldt of the Social Security Administration, Office of the Inspector General.
Roibal-Bradley was charged in a 23-count indictment on Sept. 10, 2015, with one count of defrauding the SSA, twelve counts of wire fraud and ten counts of money laundering. According to the indictment, between Sept. 2007 and March 2011, Roibal-Bradley defrauded the SSA of more than $40,000.00 in disability benefits by failing to disclose that she was employed as a mediator and supervising attorney by the New Mexico Workers’ Compensation Administration and thus not entitled to disability benefits. Roibal-Bradley previously had served as an ALJ at the New Mexico Workers’ Compensation Administration from 2003 to 2007.
The indictment’s wire fraud counts alleged that between March 2012 and June 2013, Roibal-Bradley devised and executed a scheme to defraud an estate and its beneficiaries of almost $571,948.98. In furtherance of the scheme, Roibal-Bradley falsely represented herself to be an attorney authorized to practice law and agreed to provide legal services in administering an estate at a time when New Mexico Supreme Court had prohibited her from the private practice of law. The Court subsequently disbarred Roibal-Bradley in March 2014. As part of the scheme, Roibal-Bradley falsely promised to distribute the estate’s funds to its beneficiaries but instead transferred the funds into her personal bank account and used wire transfers to facilitate the transfer of funds. The indictment alleges that, between April 2012 and Aug. 2012, Roibal-Bradley facilitated eleven wire transfers ranging in amounts of $5,000.00 to $389,503.33 from the estate’s bank account to her personal bank account.
The indictment also charged Roibal-Bradley with laundering the proceeds she derived from her wire fraud activity by transferring those assets to others, including members of her family. The indictment alleges that Roibal-Bradley facilitated eleven transfers of proceeds from her wire fraud activities ranging in amounts of $12,000.00 to 131,492.77 between May 2012 and July 2012.
During today’s change of plea hearing, Roibal-Bradley pleaded guilty to defrauding the SSA and to the twelve wire fraud charges. In her plea agreement, Roibal-Bradley admitted she applied for SSA disability benefit payments in Sept. 2011, and claimed that she had a disability that prevented her from working. The SSA continued to pay Roibal-Bradley disability benefits between March 2008 and March 2011, even though she was working full-time as a mediator and supervising attorney for the New Mexico Workers’ Compensation Administration. In entering her guilty plea, Roibal-Bradley admitted that she failed to notify the SSA that she was capable of full-time gainful employment.
Roibal-Bradley’s plea agreement also details the scheme by which she defrauded an estate and its heirs of almost $572,000.00. In the plea agreement, Roibal-Bradley admitted that she did not tell the administrator of the estate that she was prohibited from engaging in the private practice of law. She also admitted fraudulently transferring $571,948.98 from the estate’s bank accounts into her own bank account between April 2012 and Aug. 2012.
Roibal-Bradley continues to be released on conditions of release and pretrial supervision pending her sentencing hearing, which has yet to be scheduled.
The case was investigated by the Albuquerque office of the FBI and the Social Security Administration’s Office of Inspector General based on a referral from the Disciplinary Board of the New Mexico Supreme Court. Assistant U.S. Attorneys Holland S. Kastrin and Kristopher N. Houghton are prosecuting the case.
Colfax County Man Charged with Assaulting a Federal EmployeeRead the Press Release
ALBUQUERQUE – Cody Martinez, 29, of Raton, N.M., who is charged with assaulting a federal employee, was ordered detained pending trial during a hearing earlier today in federal court in Albuquerque, N.M. The federal charge against Martinez and the order of detention was announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, and Inspector in Charge Keith Fixel of the Phoenix Division of the U.S. Postal Inspection Service.
Cody Martinez was arrested on Jan. 29, 2016, on the federal criminal complaint for allegedly assaulting a U.S. Postal Service (USPS) letter carrier on Jan. 20, 2016. According to the criminal complaint, Martinez allegedly struck the victim in the back of the head with a brick while the victim was delivering mail in Colfax County, N.M., on Jan. 20, 2016. Martinez was apprehended shortly thereafter as he allegedly attempted to flee from law enforcement officers. The victim allegedly sustained serious injuries as a result of the assault.
Martinez was arrested on Jan. 20, 2016 on local charges filed by the 8th Judicial District Attorney’s Office. Those charges were dismissed in favor of federal prosecution.
If convicted on the federal assault charge, Martinez faces a statutory maximum penalty of ten years in federal prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the U.S. Postal Inspection Service and the Raton Police Department, with assistance from the 8th Judicial District Attorney’s Office. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.
California Woman Sentenced to Federal Prison for Heroin and Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Graciela Meraz, 39, of Chula Vista, Calif., was sentenced this morning in federal court in Albuquerque, N.M., to 60 months in prison for her conviction on heroin and methamphetamine trafficking charges. She will be on supervised release for four years after completing her prison sentence.
Meraz was arrested on Feb. 4, 2015, and was charged in a criminal complaint with possession of heroin and methamphetamine with intent to distribute. According to the complaint, Meraz was arrested by the DEA at the Greyhound Bus Station in Albuquerque after a consensual search of her baggage revealed that she was carrying more than a kilogram of heroin and more than four kilograms of methamphetamine. Meraz was subsequently indicted on those same charges on Feb. 25, 2015.
On July 22, 2015, Meraz pled guilty to a two-count felony information charging her with possession of methamphetamine and heroin with intent to distribute. In entering her guilty plea, Meraz admitted that when she was arrested by the DEA on Feb. 4, 2015, she was transporting approximately 9.24 pounds of methamphetamine and 2.53 pounds of heroin from Los Angeles, Calif. to Oklahoma City, Okla. Meraz acknowledged that she was being paid to transport the drugs.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
This case is 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.
Albuquerque Man Sentenced for Assaulting Federal OfficersRead the Press Release
ALBUQUERQUE – Charlie Ray Turnbow, 40, of Albuquerque, N.M., was sentenced this morning in federal court to eleven months of imprisonment followed by one year of supervised release for his conviction for assaulting federal officers.
Turnbow was arrested in Aug. 2015, on a criminal complaint charging him with assaulting two officers of the Federal Protective Service of the U.S. Department of Homeland Security on Aug. 6, 2015, in Bernalillo County, N.M. The assault occurred in Albuquerque outside of the offices of the Social Security Administration located at 500 Lead Avenue SW when Turnbow shot at the two officers with an airsoft weapon. The officers were not injured.
On Oct. 7, 2015, Turnbow pled guilty to a misdemeanor information charging him with assaulting federal officers with an airsoft revolver.
This case was investigated by the Federal Protective Service of the U.S. Department of Homeland and the FBI’s Albuquerque Division. Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.
Albuquerque Woman Sentenced to 36 Months in PrisonRead the Press Release
ALBUQUERQUE – Cordelia Louisa Espinosa, 52, of Albuquerque, N.M., was sentenced in federal court today to 36 months in prison for conspiracy and distribution of at least 50 grams of methamphetamine.
According to court documents, Espinosa participated in a methamphetamine trafficking conspiracy from the beginning of April 2015 to February 9, 2017. As part of the conspiracy, she participated in a drug transaction in Albuquerque on December 7, 2016. Espinosa gave a gift bag containing approximately 553 grams of methamphetamine to another drug trafficker, who then gave the bag to an undercover law enforcement officer posing as a drug purchaser. On February 9, 2017, Espinosa participated further in the conspiracy by coordinating a drug transaction by telephone involving more than 14 kilograms of methamphetamine.
The indictment against Espinosa also charged three co-defendants. On January 3, 2019, Hector Hugo Magana, 35, of Redwood City, California, received a sentence of 70 months in prison after pleading guilty to distribution of 500 grams or more of methamphetamine.
On July 3, 2018, Efrain Espinoza-Pena, 45, of Mexico, pleaded guilty to conspiracy, distribution of at least 50 grams of methamphetamine, and possession with intent to distribute at least 50 grams of methamphetamine. On September 13, 2018, Edgar Madrid-Rascon, 33, of Mexico, pleaded guilty to distribution of 500 grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. Both of these co-defendants are awaiting sentencing.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case with assistance from the Drug Enforcement Administration, the New Mexico State Police, and Immigration and Customs Enforcement. Assistant U.S. Attorneys Paul J. Mysliwiec and David Cowen prosecuted the case.
Navajo Man from Sheep Springs, N.M., Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Bufred Denetclaw, 53, an enrolled member of the Navajo Nation who resides in Sheep Springs, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. Under the terms of his plea agreement, Denetclaw will be sentenced to 100 months in federal prison.
Denetclaw was arrested on June 23, 2014, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on June 21, 2014. The crime occurred during an alcohol-infused argument between Denetclaw and the victim. Denetclaw was subsequently indicted on June 24, 2015.
During today’s proceedings, Denetclaw pled guilty to a felony information charging him with voluntary manslaughter. In entering his guilty plea, Denetclaw admitted that on June 21, 2014, while acting in the heat of passion, he killed the victim by stabbing him in the back three times.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Raquel Ruiz-Velez.
Navajo Man from Buffalo Springs Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Jay Barton, 48, an enrolled member of the Navajo Nation who resides in Buffalo Springs, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. Under the terms of his plea agreement, Barton will be sentenced within the range of 78 to 97 months in federal prison followed by a term of supervised release to be determined by the court.
Barton was arrested on Aug. 26, 2015, on a criminal complaint charging with killing a Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on Aug. 21, 2015. The crime occurred during an argument between Barton and the victim while Barton and the victim were drinking alcoholic beverages. Barton was subsequently indicted on a voluntary manslaughter charge on Sept. 22, 2015.
During today’s proceedings, Barton pled guilty to the indictment charging him with voluntary manslaughter. In entering the guilty plea, Barton admitted killing the victim by stabbing him in the chest, abdomen and back during an argument that became physical. According to the plea agreement, both Barton and the victim were intoxicated when Barton committed the crime.
Barton remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Former Tribal Corrections Officer Pleads Guilty to Sexual Abuse and Civil Rights Violations of InmateRead the Press Release
ALBUQUERQUE – Trevor Hunt, 22, of Paguate, N.M., a former detention officer with the Pueblo of Laguna’s Detention Facility (LPDF), pleaded guilty today in federal court in Albuquerque, N.M., on charges related to the sexual abuse of an inmate during the summer of 2015. Specifically, Hunt pled guilty to one count of sexual abuse of a ward and one count of violating the civil rights of the victim, who was an inmate under Hunt’s supervision at the time Hunt committed the crimes.
In announcing the guilty plea, U.S. Attorney Damon P. Martinez said, “Sexual assaults by corrections officers on those they are charged with keeping safe gravely undermine the very foundation of our judicial system. The Justice Department will vigorously prosecute these crimes and work to vindicate the rights of the courageous victims who report them.”
“Correction Officers fill important and challenging roles in the criminal justice system. While the majority perform their duties honorably, those who abuse their authority deserve to be prosecuted to the fullest extent of the law,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “The FBI is proud to have worked with the U.S. Attorney’s Office and the Pueblo of Laguna Tribal Police Department on this case.”
“The Pueblo of Laguna and its Public Safety Department do not condone Hunt’s conduct as demonstrated by the immediate judicial and administrative action taken by the Pueblo upon learning about this unfortunate incident. Inmates of the Laguna Pueblo Detention Facility and other detention facilities deserve to feel safe and secure while incarcerated” said Director Jesse Orozco of the Pueblo of Laguna Public Safety Department. “I am proud of the fine work done by the Laguna Pueblo law enforcement officers on this case, and would like to express my gratitude for the assistance of the FBI and the U.S. Attorney's Office.”
According to the plea agreement, on May 23, 2015, Hunt was a corrections officer at the LPDF who supervised both male and female inmates. On that day, Hunt accompanied the victim to the LPDF’s laundry room where he sexually assaulted the victim. During today’s change of plea hearing, Hunt acknowledged that the victim was in official detention and under his custodial and supervisory control when he sexually assaulted her. Hunt also admitted that he was aware that he willfully violated the victim’s constitutional rights when he assaulted her.
Hunt was ordered to surrender to the U.S. Marshals Service on Feb. 1, 2016, and will be detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by Albuquerque office of the FBI and the Pueblo of Laguna Tribal Police Department, and is being prosecuted by Assistant U.S. Attorneys David Adams and Holland S. Kastrin.
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.
Prior Felon from Artesia Pleads Guilty to Federal Narcotics Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Floyd Albert Sherrell, 33, of Artesia, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking and firearms charges under a plea agreement with the U.S. Attorney’s Office.
Sherrell was arrested on Sept. 1, 2015, on an indictment charging him with unlawfully possessing firearms on June 10, 2014, and distributing methamphetamine on June 12, 2014. Both offenses took place in Eddy County, N.M. At the time, Sherrell was prohibited from possessing firearms or ammunition because he previously had been convicted of larceny of a firearm and burglary. The indictment also included forfeiture allegations requiring Sherrell to forfeit $1,300.00 to the United States.
During today’s hearing, Sherrell pled guilty to a felony information charging him with being a felon in possession of firearms and distribution of methamphetamine. In entering his guilty plea, Sherrell admitted that on June 10, 2014, he sold four firearms to an undercover law enforcement agent, and on June 12, 2014, he sold 25 grams of pure methamphetamine to an undercover law enforcement agent.
At sentencing, Sherrell faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Las Cruces Man Pleads Guilty to Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Robert J. Lambe, 37, of Las Cruces, N.M., pleaded guilty today in federal court to methamphetamine trafficking and firearms charges under a plea agreement with the U.S. Attorney’s Office.
Lambe was arrested on Oct. 15, 2014, on an indictment charging him with possession of methamphetamine with intent to distribute and possession of a firearm in relation to a drug trafficking crime on June 8, 2014, in Doña Ana County, N.M. The indictment was subsequently superseded on Feb. 18, 2015.
During today’s proceedings, Lambe pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and possession of a firearm by a person addicted to controlled substances. In entering the guilty plea, Lambe admitted that on June 8, 2014, he possessed 25 grams of pure methamphetamine and a handgun. Lambe further admitted that at the time, he was an unlawful drug user and was addicted to a controlled substance and was therefore prohibited from possessing a firearm.
At sentencing, Lambe faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Lambe remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department. The case is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Felon Sentenced to 70 Months for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jesse Antillon, Jr., 29, of Las Cruces, N.M., was sentenced today in federal court to 70 months in prison followed by three years of supervised release for violating the federal firearms laws. 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 Jaime Montoya of the Las Cruces Police Department.
Antillon was charged in a criminal complaint on July 13, 2014, with unlawfully possessing a firearm on Nov. 6, 2013, in Doña Ana County, N.M. According to the complaint, Antillon was stopped by law enforcement on Nov. 6, 2013, based on an outstanding probation violation warrant, and was found to be in possession of a firearm and ammunition. Antillon was subsequently indicted on the same charge on March 24, 2015. Antillon was prohibited from possessing firearms or ammunition because he had previously been convicted of numerous felony offenses, including aggravated assault with a deadly weapon, child abuse, aggravated assault against a household member with a deadly weapon, possession of narcotics with intent to distribute, attempt to escape from a peace officer and battery upon a peace officer.
On Sept. 11, 2015, Antillon pled guilty to a felony information charging him with possession of a stolen firearm. In entering his guilty plea, Antillon admitted that on Nov. 6, 2013, he entered a vehicle and stole a handgun.
This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The case is being 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 Doña Ana County, under this initiative.
Carlsbad Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Suzanne Marie Villa, 36, of Carlsbad, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Villa was arrested on Aug. 25, 2015, on a criminal complaint charging her with possession of methamphetamine with intent to distribute on June 12, 2015, in Eddy County, N.M. According to the criminal complaint, Villa was arrested after Pecos Valley Drug Task Force agents notified U.S. Border Patrol Agents at the Border Patrol Checkpoint on Highway 62/180 near El Paso, Texas, to be on the lookout for her vehicle based on investigation indicating that Villa would be transporting drugs to Carlsbad. The U.S. Border Patrol later seized 25.7 grams of methamphetamine and drug paraphernalia from Villa’s vehicle during a checkpoint inspection. Villa was subsequently indicted on Nov. 19, 2015, and charged with conspiracy to possess methamphetamine with intent to distribute on June 12, 2015, in Eddy County.
During today’s proceedings, Villa pled guilty to the indictment and admitted that on June 12, 2015, she was stopped by law enforcement officers and found to be in possession of 25.7 grams of methamphetamine together with other items associated with methamphetamine trafficking including a scale, plastic bags, a glass smoking pipe and $820.00 in cash.
At sentencing, Villa faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Villa remains detained pending her sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Selesia Lee Winston of the U.S. Attorney’s Las Cruces Branch Office.
Crownpoint Man Pleads Guilty to Federal Assault Charges 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., pleaded guilty today in federal court in Albuquerque, N.M., to assault charges. Under the terms of his plea agreement, Johnson will be sentenced to a prison term within the range of 108-120 months followed by a term of supervised release to be determined by the court.
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. Johnson is 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.
During today’s proceedings, Johnson pled guilty to all three charges. Johnson remains in custody pending sentencing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being 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.
Arizona Woman Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Vanessa Guadalupe Munoz-Mungaray, 25, of Tuscon, Ariz., pleaded guilty today to a heroin trafficking charge in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.
Munoz-Mungaray was arrested on a criminal complaint charging her with a heroin trafficking offense after the DEA seized approximately 3.55 kilograms (7.37 pounds) of heroin from her during an interdiction investigation at the Greyhound Bus Station in Albuquerque on July 21, 2015. The heroin was contained in eight bundles that were concealed in false compartments inside Munoz-Mungaray’s luggage. Munoz-Mungaray was subsequently indicted on Aug. 11, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Munoz-Mungaray pled guilty to possession of heroin with intent to distribute and admitted that on July 21, 2015, she possessed 2.99 net kilograms of heroin, which were wrapped in bundles and concealed in false compartments in her luggage while traveling through Albuquerque on the Greyhound Bus. Munoz-Mungaray further admitted that she was paid to transport the narcotics to New York.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
This case is 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.
Los Lunas Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – James Sparks, 37, of Los Lunas, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Sparks will be sentenced to 60 months in federal prison followed by a term of supervised release to be determined by the court.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division and Valencia County Sheriff Louis Burkhard.
Sparks was charged in an indictment on Nov. 5, 2015, with possession of methamphetamine with intent to distribute on June 16, 2014, in Valencia County, N.M. Sparks 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.
During today’s proceedings, Sparks pled guilty to the indictment and admitted that on June 16, 2014, Valencia County Sheriff’s deputies stopped him for speeding on his motorcycle. Sparks admitted that 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.
Sparks 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 Valencia County Sheriff’s Office with assistance from the 13th Judicial District Attorney’s Office. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.
The case is being 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 Valencia County, under this initiative.
Federal Jury Finds Albuquerque Couple Guilty on Wire Fraud Charges Arising Out of Scheme to Defraud Office Supply BusinessRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict late this afternoon finding an Albuquerque couple guilty on wire fraud charges after a seven-day trial. Matthew Channon, 38, and his wife Brandi Channon, 35, were convicted on a conspiracy charge and six wire fraud charges arising out of a sophisticated scheme to defraud an office supply business out of more than $100,000.
In announcing the jury’s guilty verdict, U.S. Attorney Damon P. Martinez said, “These individuals stole money and property, using computers and e-mail as tools of their trade. This conviction shows the U.S. Attorney’s Office’s commitment to the investigation and prosecution of theft, whether electronic or at the point of a gun.”
“Criminals who cheat companies wind up costing hard-working families more at the cash register,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “I am proud of the FBI Special Agents and support staff who investigated this case, and I congratulate the U.S. Attorney’s Office for a successful prosecution.”
The indictment charged the Channons with conspiracy to commit wire fraud, Matthew Channon with four counts of wire fraud, and Brandi Channon with two counts of wire fraud. The indictment alleged that the Channons perpetuated a scheme to defraud OfficeMax by using interstate wire communications to create numerous MaxPerk Rewards accounts in fictitious names to avoid OfficeMax’s policy of issuing only one account per person. The Channons then used the accounts to fraudulently claim rewards from OfficeMax to which they were not entitled. According to the indictment, the scheme continued from Aug. 2009 through June 2011, during which time the Channons fraudulently obtained MaxPerk Rewards certificates valued at more than $105,000.00.
Trial of the Channons commenced on Jan. 13, 2016, and concluded late this afternoon when the jury returned a guilty verdict on all seven counts of the indictment. The evidence at trial established that the Channons conspired to defraud OfficeMax by fraudulently creating more than 5000 MaxPerk Rewards accounts in the names of fictitious people. The couple went online and used the fraudulent accounts to falsely claim rewards-program credit for purchases that other customers had in fact made. The Channons falsely claimed that they engaged in more than 60,000 transactions with OfficeMax involving almost $2,000,000.00 worth of purchases, in over 300 stores located in over 20 states. As a result of their fraudulent conduct, the Channons defrauded OfficeMax of more than $100,000 worth of property.
At sentencing, the Channons face a statutory maximum penalty of 20 years in prison and a $250,000.00 fine. Their sentencing hearings have yet to be scheduled.
The case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorneys Margaret M. Vierbuchen, Holland S. Kastrin and C. Paige Messec.
Arizona Man Charged with Violating Federal Narcotics Trafficking Laws in New MexicoRead the Press Release
ALBUQUERQUE – Earlier today a federal magistrate judge found that there was probable cause to support a criminal complaint charging Sergio Marin Ambriz, 20, of Phoenix, Ariz., with violating the federal narcotics trafficking laws. Ambriz was released to a half-way house under conditions of release and pretrial supervision pending trial.
Ambriz was arrested on Jan. 20, 2016, and was charged in criminal complaint with a heroin trafficking offense after the DEA seized approximately 1.90 kilograms (4.18 pounds) of heroin from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The heroin was contained in three bundles that were concealed inside a pair of jeans in Ambriz’s luggage.
If convicted of the offense against him, Ambriz faces a statutory mandatory minimum of ten years and a maximum of life in federal prison. The charges against Ambriz are merely accusations and he is presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
This case is 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.
Albuquerque Man Pleads Guilty to Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Kevin Romero, 34, of Albuquerque, N.M., pleaded guilty today in federal court to methamphetamine and heroin trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Romero and his co-defendant Phillip Barrios, 37, also of Albuquerque, were arrested in Jan. 2015, on a criminal complaint charging them with possession of heroin and methamphetamine with intent to distribute. According to the complaint, Romero and Barrios attempted to sell approximately 64 grams of methamphetamine and 200 grams of heroin to undercover law enforcement agents on Jan. 28, 2015, in Bernalillo County, N.M.
During today’s proceedings, Romero pled guilty to a felony information charging him with distribution of methamphetamine and heroin. In entering his guilty plea, Romero admitted that on Jan. 28, 2015, he provided methamphetamine and heroin to Barrios with the knowledge that Barrios intended to distribute to other individuals who unbeknownst to them, were undercover New Mexico State Police officers. Romero admitted that he and Barrios sold 59.62 grams of actual methamphetamine and 237.7 grams of heroin to the undercover officers.
At sentencing, Romero faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. A sentencing hearing has yet to be scheduled.
Barrios previously pled guilty and was sentenced on Aug. 19, 2015.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Shana B. Long.
This case is 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Steve Casaus Ordered Detained Pending Trial on Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – Steve Casaus, 43, of Albuquerque, N.M., was arraigned this morning in federal court on an indictment charging him with being a felon in possession of a firearm and ammunition. Casaus entered a not guilty plea and was ordered detained pending trial.
Casaus was charged in a criminal complaint on April 25, 2014, with unlawfully possessing a firearm and ammunition on April 21, 2014, in Bernalillo County, N.M. According to the criminal complaint, Casaus was arrested after Albuquerque Police Department (APD) officers after they observed what they believed to be a drug deal, and based on an outstanding arrest warrant for failing to appear on a pending state court case. At the time of his arrest, Casaus allegedly was possession of $20,790.00 in cash, 1.3 grams of methamphetamine, drug paraphernalia, and a firearm with six rounds of ammunition in it.
Casaus was subsequently indicted on June 11, 2014, and charged with being a felon in possession of firearms and ammunition on April 21, 2014, in Bernalillo County. Casaus was prohibited from possessing firearms or ammunition because of his prior felony convictions of disarming a peace officer, aggravated battery on a peace officer, trafficking by possession with intent to distribute and conspiracy to commit unlawful taking of a motor vehicle.
The federal prosecution of Casaus was stayed during the pendency of unrelated state court proceedings. Casaus was arrested on the federal charge earlier today after he was transferred into federal custody from state custody.
If convicted of the offense against him, Casaus faces a maximum sentence of ten years in federal prison. The charges against Casaus are merely accusations and he is presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of Homeland Security Investigations and APD. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
The case is being 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.
Roswell Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Juan Carlos Navarrete, 36, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in federal prison followed by three years of supervised release for violating the federal narcotics trafficking laws.
Navarrete was arrested on June 17, 2015, on a criminal complaint charging him with distributing methamphetamine in Chaves County, N.M. According to the complaint, Navarrete sold approximately two ounces of methamphetamine to a confidential source working with law enforcement on Aug. 19, 2014, and approximately eight ounces of methamphetamine to the same confidential source on Sept. 11, 2014.
On Aug. 17, 2015, Navarrete pled guilty to a felony information charging him with distributing methamphetamine and admitted that on Sept. 11, 2014, he sold approximately eight ounces of methamphetamine to an individual who, unbeknownst to him, was working with law enforcement.
This case was investigated by the Las Cruces office of the DEA and the HIDTA Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Terri J. Abernathy prosecuted the case.
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.
Navajo Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Gregory Secatero, 32, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pleaded guilty this morning in federal court to assault charges under a plea agreement with the U.S. Attorney’s Office.
Secatero was arrested on Feb. 12, 2015, on a criminal complaint charging him with assault resulting in serious bodily injury and child abuse in Indian Country. Court documents indicate that on Jan. 17, 2015, Secatero was involved in a car crash that seriously injured two passengers, a female and a child, in Secatero’s vehicle. Both victims were ejected from the vehicle; the female suffered a punctured left lung and seven left rib fractures and the child suffered a small subdural hematoma and left femur spiral fracture. Two other children were in the vehicle, but were not seriously injured. Secatero was intoxicated at the time of the crash.
Secatero was subsequently indicted on March 10, 2015, and charged with two counts of assault resulting in serious bodily injury and one count of child abuse for endangering the lives of three children. According to the indictment, Secatero committed the crimes in Indian Country in Bernalillo County, N.M.
During today’s proceedings, Secatero pled guilty to two counts of assault resulting in serious bodily injury. In entering his guilty plea, Secatero admitted assaulting the victims, causing them to sustain serious bodily injuries, by driving under the influence of alcohol.
At sentencing, Secatero faces a maximum sentence of ten years in federal prison followed by up to three years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Shammara Henderson.
Las Cruces Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Michael Paul Astorga, 30, of Las Cruces, N.M., was sentenced this morning in federal court to 41 months in prison followed by three years of supervised release for violating the federal firearms laws.
Astorga was arrested on Nov. 20, 2014, on an indictment charging him with being a felon in possession of firearms and ammunition on Aug. 31, 2012, in Doña Ana County, N.M. At the time, Astorga was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery.
Astorga pled guilty to the indictment on Feb. 26, 2015, and admitted that on Aug. 31, 2012, he sold two firearms and ammunition to an undercover law enforcement agent and a person working with law enforcement. He also acknowledged that as a convicted felon, he was prohibited from possessing firearms or ammunition.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Eddy County Resident Sentenced to 168 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Rodrigo Ivan Cazares, 34, a legal permanent resident from Zamora, Michoacan, Mexico who resides in Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., for a narcotics trafficking conviction involving more than 4.5 kilograms (ten pounds) of pure methamphetamine. Cazares was sentenced to 168 months in prison, and will be deported after he completes his term of incarceration. Cazares was also ordered to forfeit the $48,389.00 seized from him during the investigation leading to his conviction.
The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, and Commander James McCormick of the HIDTA Pecos Valley Drug Task Force.
U.S. Attorney Damon P. Martinez said that Cazares 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. U.S. Attorney Martinez said that Cazares was prosecuted under the initiative even though he has no prior criminal convictions because the significant quantities and the purity of the methamphetamine trafficked by Cazares demonstrated that he posed a serious danger to residents of Eddy County.
“Taking drug dealers like Mr. Cazares off the streets is DEA’s top priority, and our partnership with the Pecos Valley Drug Task Force demonstrates our ongoing commitment to investigating and prosecuting those who sell these dangerous and addictive drugs in our local communities,” said DEA Special Agent in Charge Will R. Glaspy.
“This case is a perfect example of the mission and goals of the HIDTA program coming to fruition; local, state and federal agencies working together to remove the ‘worst of the worst’ criminals like Cazares from our community for as long as possible,” said Commander James McCormick of the HIDTA Pecos Valley Drug Task Force. “The incarceration of Cazares and others involved in his criminal enterprise will have a direct impact on the residents of Eddy County, in a positive light. Basically this is a ‘win-win’ for not only the residents of Eddy County but for all New Mexicans.”
Cazares was arrested in Oct. 2013, on a criminal complaint charging him with distribution of approximately 2.8 kilograms of methamphetamine to an undercover law enforcement officer on Oct. 15, 2013, in Eddy County, N.M. He subsequently was charged in a five-count indictment with distributing large quantities of methamphetamine on four occasions between Aug. 2013 and Oct. 2013, and possessing methamphetamine with intent to distribute on Oct. 15, 2013. The indictment alleged that Cazares committed the five methamphetamine trafficking offenses in Eddy County.
On May 28, 2014, Cazares pled guilty to all five-counts of the indictment and admitted that he committed the following crimes:
-
Distribution of an ounce of methamphetamine to a confidential source working with law enforcement that on Aug. 15, 2013;
-
Distribution of eight ounces of methamphetamine to the confidential source on Sept. 9, 2013;
-
Distribution of five pounds of methamphetamine to the confidential source and an undercover law enforcement agent on Oct. 8, 2013;
-
Distribution of five pounds of methamphetamine to the undercover law enforcement agent on Oct. 15, 2013; and
-
Possession of two ounces of methamphetamine and an ounce of cocaine on Oct. 15, 2013.
In entering his guilty plea, Cazares admitted that law enforcement officers seized $48,389.00 in cash from Cazares and his residence when he was arrested on Oct. 15, 2013. Cazares admitted that the cash and two vehicles seized by law enforcement agents on Oct. 15, 2013 were proceeds of his drug trafficking activities.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force. Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
-
Albuquerque Man Arraigned on Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – Marcos Barela, 28, of Albuquerque, N.M., made his initial appearance in federal court today on an indictment charging him with violating the federal firearms laws. Barela remains in federal custody pending a preliminary hearing and a detention hearing which are currently scheduled for tomorrow morning.
Barela was charged by federal indictment on Oct. 7, 2015, with unlawfully possessing a firearm and ammunition on May 4, 2015, in Bernalillo County. N.M. According to the indictment, Barela was prohibited from possessing firearms or ammunition because of his prior criminal history which includes felony convictions for embezzlement, robbery, conspiracy to commit robbery, possession of a controlled substance, battery on a peace officer, arson and criminal damage to property.
Barela was arrested on a warrant for a state probation violation on May 4, 2015. He was arrested on the federal indictment today after he was transferred to federal custody from state custody.
If convicted of the offense against him, Barela faces a maximum sentence of ten years in federal prison. If Barela is determined to be a career criminal, he faces an enhanced sentence of not less than 15 years in federal prison upon conviction. The indictment against Barela is merely an accusation and Barela is presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the DEA with assistance from the 2nd Judicial District Attorney’s Office and the Probation and Parole Division of the New Mexico Corrections Department.
Assistant U.S. Attorney David M. Walsh is prosecuting 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 and violent 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.
San Miguel County Man Sentenced to 84 Months for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Guy N. Martinez, 23, of Las Vegas, N.M., was sentenced today in federal court in Albuquerque, N.M., to 84 months in federal prison followed by 15 years of supervised release for his federal child pornography conviction. Martinez will also be required to register as a sex offender.
Martinez was arrested in July 2014, and charged in a criminal complaint with possessing, receiving and distributing visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, the FBI initiated the investigation leading to Martinez’s arrest after receiving a lead from Queensland Police Service (QPS) in Brisbane, Australia. Following the arrest of an Australian citizen in March 2012, on child pornography charges, the QPS identified more than 100 United States-based email accounts that allegedly had been used to send, receive or discuss child pornography with the Australian citizen. Investigation by the FBI revealed that one of those email accounts was subscribed to Martinez.
The FBI’s investigation revealed that Martinez had two email accounts that allegedly had been used to receive and distribute more than 1,000 images consistent with child pornography. On July 18, 2014, the FBI executed a search warrant at Martinez’s residence in Las Vegas, N.M. They arrested Martinez while executing the search warrant.
Martinez was subsequently indicted on Aug. 12, 2014, and charged with receiving and possessing visual depictions of minors engaged in sexually explicit conduct from March 1, 2012 through July 18, 2014 in San Miguel County, N.M. Martinez pled guilty to possession of visual depictions of minors engaged in sexually explicit conduct on Aug. 20, 2015. Martinez admitted that between March 1, 2012 and July 18, 2014, he possessed images of child pornography that traveled in interstate commerce.
This case was investigated by the Santa Fe office of the FBI and the New Mexico State Police with assistance from the QPS. The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard 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 Internet Crimes Against Children (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.
Jicarilla Apache Man Sentenced for Assaulting a Federally Commissioned Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Lawrence Roybal, 53, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 60 months in prison followed by three years of supervised release for assaulting a tribal police officer who was commissioned as a federal officer.
“The Department of Justice is dedicated to supporting the courageous men and women who wear the badge and help uphold our Constitution,” said U.S. Attorney Damon P. Martinez. “We will hold accountable those who threaten our public safety by attacking and seeking to harm our nation’s peacekeepers.”
Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division said, “The law enforcement officers who risk their lives every day to keep us safe deserve the best protection we can give them. The FBI is proud to have worked on this case with the U.S. Attorney's Office and the Jicarilla Apache Tribal Police Department. We hope this case sends a clear message this type of crime will not be tolerated.”
“All people are sacred; actions must be made in a split second. The officer involved in this case exhibited a keen insight to remain safe and capture a very dangerous offender without using deadly force,” said Chief Sylvester Stanley of the Jicarilla Apache Tribal Police. “We must remember that all officers have families that love them, and at the end of the day officers must go home safely to be with their families. The Jicarilla Apache Nation is proud of all our brothers in blue.”
Roybal was arrested in May 2015, on a criminal complaint charging him with assaulting an officer with a dangerous weapon. According to the criminal complaint, Roybal attacked a Jicarilla Apache Tribal police officer with a pitchfork on May 11, 2015, in Dulce, N.M., which is within the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.
Roybal was indicted on June 9, 2015, and charged with assaulting a federal officer who was engaged in the performance of his official duties. The indictment alleges that, at the time of the assault, the victim was a tribal officer commissioned as a special federal officer by the BIA.
On Sept. 3, 2015, Roybal entered a guilty plea to the indictment without the benefit of a plea agreement.
This case was investigated by the Farmington office of the FBI and the Jicarilla Apache Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Hobbs Woman Sentenced to Five Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Ida Rodriguez, 47, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in federal prison followed by four years of supervised release for violating federal narcotics trafficking laws.
Rodriguez was arrested on June 10, 2015, on a criminal complaint charging her with possession with intent to distribute methamphetamine in Lea and Doña Ana Counties, N.M. According to the complaint, Rodriguez sold methamphetamine to an undercover DEA agent in July 2014 and Aug. 2014. It also alleged that on Aug. 16, 2015, deputies of the Lea County Sherriff’s Office (LCSO) executed a traffic stop on Rodriguez and found her to be in possession of 168 grams of methamphetamine.
On Aug. 19, 2015, Rodriguez pled guilty to a three-count felony information charging her with distribution of methamphetamine and possession of methamphetamine with intent to distribute. In entering the guilty plea, Rodriguez admitted that (1) she sold 28 grams of methamphetamine to an undercover agent in Hobbs on July 29, 2014; (2) she sold 56 grams of methamphetamine to an undercover agent in Las Cruces, N.M., on Aug. 4, 2014, and (3) on Aug. 16, 2014, she was stopped by LCSO deputies for a traffic violation during which the deputies found 168 grams of methamphetamine in her vehicle. Rodriguez further admitted that she had obtained the methamphetamine in Phoenix, Ariz., and planned to sell it in Hobbs.
This case was investigated by the Las Cruces office of the DEA and the HIDTA Lea County Drug Task Force with assistance from the 5th Judicial District Attorney’s Office for the State of New Mexico. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA 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 NM 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.