District of New Mexico
Press releases recorded for this federal judicial district.
Navajo Man Pleads Guilty to Federal Arson ChargeRead the Press Release
ALBUQUERQUE – Derek C. Toledo, 28, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to an arson charge under a plea agreement with the U.S. Attorney’s Office.
Toledo was arrested in May 2015, on a criminal complaint charging him with arson and was indicted on that same charge on June 9, 2015. According to court filings, Toledo set fire to the residence of a Navajo woman and her three children on May 9, 2015, on the Navajo Indian Reservation in San Juan County, N.M., following an argument.
During today’s proceedings, Toledo pled guilty to the indictment and admitted that on May 9, 2015, he maliciously set fire to the residence of his former girlfriend and her two children. Toledo admitted using a hand lighter to ignite charcoal lighter fluid he had sprayed inside the home and onto flammable items he had thrown on the floor.
At sentencing, Toledo faces a statutory maximum penalty of life in federal prison. Toledo is in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native 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.
Albuquerque Man Pleads Guilty to Submitting Fraudulent Claims to Veterans Affairs Medical CenterRead the Press Release
ALBUQUERQUE – Tomas Jaramillo, 55, of Albuquerque, N.M., pleaded guilty today in federal court to submitting false and fraudulent claims to the Veterans Affairs Medical Center (VAMC) in Albuquerque. Under the terms of his plea agreement, Jaramillo will be sentenced to five years of probation and will be ordered to pay $11,439.90 in restitution to the VAMC as the victim of his crimes.
Jaramillo was charged by information on Aug. 18, 2015, with submitting fraudulent vouchers to collect payments for roundtrip travel to attend medical appointment. He was subsequently charged by indictment on Sept. 22, 2015, with submitting 173 fraudulent claims to the VAMC for travel beneficiary payments from June 2009 through July 2010.
During today’s change of plea hearing, Jaramillo admitted that from June 2009 through July 2010, he travelled to the VAMC in Bernalillo County, N.M., to obtain medical treatment and falsely claimed that he traveled from Socorro, N.M., to do so. Jaramillo admitted that he submitted fraudulent vouchers to VAMC to receive payment for roundtrip travel which he did not actually make to attend his medical appointments. Jaramillo acknowledged receiving $11,439.90 in travel reimbursements to which he was not entitled.
This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division and was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.
Two Women Arrested on Federal Drug Trafficking Charges for Allegedly Transporting Fifteen Pounds of HeroinRead the Press Release
ALBUQUERQUE – Two women made their initial appearances this morning in federal court in Albuquerque, N.M., on a criminal complaint charging them with possession of approximately 15 pounds of heroin with intent to distribute. Vicenta Ramona Garcia, 28, a U.S. citizen, and Guadalupe Ofelia Lopez-Vasquez, 59, a Mexican national, both of whom reside in San Luis Rio Colorado, Sonora, Mexico, remain in federal custody pending a preliminary hearing and a detention hearing which are scheduled for Dec. 14, 2015.
Garcia and Lopez-Vasquez were arrested yesterday after DEA agents allegedly seized approximately 15 pounds of heroin from them during consensual searches at the Greyhound Bus Station in Albuquerque. According to the criminal complaint, both women allegedly had heat-sealed bundles of substances that tested positive for heroin strapped to their backs and waists.
If convicted on the charges in the criminal complaint, Garcia and Lopez-Vasquez each face a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.
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.
Roswell Woman Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Cheryl Ann Gruette, 51, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Gruette and her co-defendant Cecil Edward Sexton, 73, also of Roswell, were arrested on June 16, 2015, on a criminal complaint charging them with heroin trafficking offenses. According to the complaint, on Jan. 2, 2015, the Chaves County Metro Narcotics Task Force executed a state search warrant on Sexton’s vehicle and residence in Roswell and seized 273.6 grams of heroin, $1,352.00 in cash, pill bottles, prescription slips in Sexton’s name, drug paraphernalia and two rifles.
Gruette and Sexton were subsequently indicted on Sept. 16, 2015, and charged with conspiracy to distribute heroin from Sept. 25, 2014 through Jan. 2, 2015, and possession of heroin with intent to distribute on Jan. 2, 2015. The indictment alleged that the pair committed the crimes in Chaves County, N.M.
During today’s plea hearing, Gruette pled guilty to a felony information charging her with conspiracy to possess heroin with intent to distribute. Gruette admitted that on Jan. 2, 2015, she and Sexton traveled to Albuquerque, N.M., where they obtained 179.3 grams of heroin from their source of supply, and then returned to Roswell. Gruette further acknowledged that, after they returned to Roswell, officers found the heroin while executing a state search warrant in addition to another 94.3 grams of heroin that were in Sexton’s residence. Gruette and Sexton intended to distribute the heroin to others.
Sexton pled guilty to similar charges on Nov. 13, 2015. At sentencing, Gruette and Sexton each face a maximum of 20 years in federal prison followed by not less than three years of supervised release. Both remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the Chaves County Metro Narcotics Task Force and the Roswell Police Department. Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting 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.
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.
Pharmacy Robber Sentenced to 141 Months for Conviction on Federal Hobbs Act, Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Victor Hurtado, 21, of Albuquerque, N.M., was sentenced today in federal court to 141 months in federal prison for his conviction on Hobbs Act, drug trafficking and firearms charges arising out of a pharmacy robbery in Jan. 2015, and a traffic stop in March 2015. Hurtado will be on supervised release for five years after completing his prison sentence.
The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Acting Special Agent in Charge Bryan Finnegan of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Chief Gorden Eden, Jr., of the Albuquerque Police Department, Chief Pete N. Kassetas of the New Mexico State Police.
U.S. Attorney Damon P. Martinez noted that pharmacy robberies are where New Mexico’s high violent crime rates and prescription drug crisis intersect. “Pharmacy robbers put innocent people at risk when they rob pharmacies at gunpoint to obtain opioids that they then sell on the street at astronomical prices to addicts. Law enforcement investigations reveal that pharmacy robbers often engage in serial robberies, compounding the negative impacts of their criminal behavior. This is why targeting these criminals for federal investigation and prosecution is a priority for the entire law enforcement community.”
“Another conviction and sentencing under the Worst of the Worst Initiative equals another big step for our community in the fight against the criminal element. We are so pleased to have worked with the U.S. Attorney's Office to ensure this case would receive fair, swift, and just prosecution,” said 2nd Judicial District Attorney Kari E. Brandenburg.
“One way to stop violent criminals who endanger our communities is for law enforcement and prosecutors to work together,” said Acting Special Agent in Charge Bryan Finnegan. “This case is a good example of how this kind of partnership makes a difference: the individual sentenced today was among six Albuquerque residents indicted earlier this year for a string of drug store robberies, thanks to a multi-agency investigation. FBI Special Agents and staff worked closely on this case with the U.S. Attorney's Office, Drug Enforcement Administration, Albuquerque Police Department and New Mexico State Police.”
Hurtado and his co-defendant, Joseph Montano, 23, also of Albuquerque, were two of six defendants charged in four indictments with robbing retail pharmacies in Albuquerque. The indictment against Hurtado and Montano alleged that the two men (1) violated the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandished a firearm during a crime of violence; (3) violated the Controlled Substance Registrant Act by robbery involving controlled substance; (4) violated the Safe Doses Act by theft of medical products; and (5) possessed Oxycodone with intent to distribute. The charges against Hurtado and Montano arose from the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque.
On July 1, 2015, Hurtado pled guilty to robbing a commercial business engaged in interstate commerce; brandishing a firearm during a crime of violence, and possession of Oxycodone with intent to distribute. In entering the guilty plea, Hurtado admitted that on Jan. 6, 2015, he entered the Smith’s Pharmacy, jumped over the counter while brandishing a firearm, and ordered the pharmacist to open the safe where controlled substances were kept. He also admitted pointing the firearm at the pharmacy employees to gain their compliance, and stealing bottles of Oxycodone and other drugs from the pharmacy’s inventory.
Hurtado also pled guilty on July 1, 2015, to possession of methamphetamine with intent to distribute, and admitted that he was arrested on state charges on March 5, 2015, after the New Mexico State Police found 54 grams of heroin and 133 grams of methamphetamine in the vehicle Hurtado was driving.
Montano has entered a not guilty plea to the indictment. He remains in federal custody pending trial which is currently scheduled for Jan. 29, 2016. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
“DEA and our partners are committed to thoroughly investigating, arresting and punishing anyone responsible for the diversion of opioids, whether it be individuals who are prescribed these medications and divert them for personal profit, or drug organizations who think they can violently rob pharmacies to sell these drugs in our communities,” said DEA Special Agent in Charge Will R. Glaspy. “Opioid addiction is an epidemic and we will continue to lock up anyone trying to profit from the sale of these dangerous and highly addictive drugs.”
“We are all committed to curbing crime, especially violent crime, in our city,” said Albuquerque Police Chief Gorden Eden, Jr. “Our partnerships and collaborative efforts continue to ensure we rid our streets of the Worst of the Worst offenders. We truly appreciate the work of our local and federal partners and know our community is safer following this sentencing and the corresponding indictments.”
“This is another great example of agencies working together to make our communities safer,” said New Mexico State Police Chief Pete Kassetas. “We are committed to bringing these violent criminals to justice. We will continue to dedicate our resources to track down, and apprehend individuals involved in the drug trade. I cannot express my gratitude enough to all the agencies involved.”
This case was investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, the Albuquerque Police Department and the New Mexico State Police, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The case is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
These cases are being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
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.
Mexican Nationals Charged with Federal Marijuana Trafficking OffensesRead the Press Release
ALBUQUERQUE – Jose Luis Castillo-Marchado, 31, and Luis Lopez-Felix, 33, both Mexican nationals illegally in the United States, made their initial appearances this morning in federal court in Las Cruces, N.M., on a criminal complaint charging them with violating the federal narcotics trafficking laws. Both men were detained pending a preliminary hearing and detention hearing which have not yet been scheduled.
The criminal complaint charges Castillo-Marchado and Lopez-Felix with possession of marijuana with intent to distribute and alleges that they committed the offense on Dec. 8, 2015, in Hidalgo County, N.M. According to the complaint, Castillo-Marchado and Lopez-Felix were arrested on Dec. 8, 2015, by U.S. Border Patrol agents near New Mexico Highway 338, after agents allegedly discovered approximately 2,774.45 pounds of marijuana concealed in Castillo-Marchado and Lopez-Felix’s vehicle.
If convicted of the marijuana trafficking charge, Castillo-Marchado and Lopez-Felix each face a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the El Paso office of the DEA and the Lordsburg station of the U.S. Border Patrol. Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Mescalero Apache Man Sentenced to Five Years of Probation for Federal Burglary ConvictionRead the Press Release
ALBUQUERQUE – Anthony Shendo, 17, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this afternoon in federal court in Las Cruces, N.M., to five years of probation for his burglary conviction.
Shendo pled guilty on July 15, 2015, to an information charging him with burglary. In entering the guilty plea, Shendo admitted that on Feb. 16, 2014, he entered a residence on the Mescalero Apache Reservation in Otero County, N.M., without authorization and with intent to commit a theft. In his plea agreement, Shendo voluntarily waived his right to be prosecuted as a juvenile and agreed to be prosecuted as an adult.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and the New Mexico State Police. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Bloomfield Man Sentenced to Federal Prison for Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Orlando Harvey, 25, an enrolled member of the Navajo Nation who resides in Bloomfield, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 18 months in prison for sexually abusing a minor. Harvey will be on supervised release for five years following his prison sentence. He also will be required to register as a sex offender.
Harvey was arrested on Dec. 22, 2014, on an indictment charging him with four counts of sexual abuse of a minor. According to the indictment, Harvey engaged in a sexual act with the victim, who was under 16 years of age, on four occasions between Aug. 2014 and Oct. 2014, on the Navajo Indian Reservation in San Juan County, N.M.
On Feb. 20, 2015, Harvey entered a guilty plea to Count 1 of the indictment, and admitted engaging in a sexual act with the 15-year-old victim in Aug. 2014. Harvey admitted knowing that the victim was only 15 years old when he picked her up at school and drove her to his residence where they engaged in a sexual act. He also acknowledged manipulating the victim into engaging in a sexual act with him.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI. The case was prosecuted by Assistant U.S. Attorneys Raquel Ruiz Velez and Elaine Ramirez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Federal Court Appoints Receiver to Oversee Affairs of Portales-Based Livestock Auction BusinessRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge has appointed a receiver for High Plains Livestock, LLC (HPL), a livestock auction business located in Portales, N.M. The receiver will be responsible for conducting a review of HPL’s viability and, if viable, will take over all aspects of HPL’s operations.
The court’s order was entered yesterday in a civil case initiated in Aug. 2015, by the United States against HLP, its owner Michael Flen, and its operators Darcie and Calvin Pareo. In its civil complaint, the United States alleged that HLP, Flen and the Pareos were violating the Packers and Stockyards Act (PSA) which outlaws unfair and deceptive practices in the cattle livestock market. According to the civil complaint, HPL operates a stockyard that primarily auctions cows from the dairy industry for a commission; the auctioned cows are sold to buyers who resell the cows for slaughter. HPL allegedly violated the PSA by failing to properly maintain custodial accounts, misusing custodial accounts, failing to maintain accurate records, generating false documents, altering sales documents, and misrepresenting the true purchasers of livestock.The order appointing the receiver was entered in response to the United States’ motion for a preliminary injunction and after a four-day hearing on the motion. According to the order, the court found “overwhelming and uncontroverted evidence of rampant violations of the PSA,” including the altering auction records, known as scale tickets, and falsifying buyer and seller invoices. “A review of the hundreds of scale tickets admitted into evidence that appear altered, the testimony of auction clerks that they do not fix mistakes in this way, and the admission of the Pareos that they altered scale tickets makes it extraordinarily probable that fraudulent conduct has occurred,” the court found. Prices were marked down after auction to benefit the Pareos, and they were sometimes marked up at the expense of the buyer of the cattle. The order noted that at least once, Mr. Pareo even marked a particular cow dead to avoid paying the seller for it, only to turn around and pocket the money he got by sending the live cow to the slaughterhouse.
The order noted that the Pareos compounded their wrongdoing by lying repeatedly to law enforcement to avoid detection. As the court found, “the Pareos demonstrate no remorse for their violations of the PSA and no intent to rectify those deficiencies. Instead, the Pareos have shown an absolute willingness to mislead authorities.”
The court appointed a receiver to, first, audit HPL’s business and determine whether it is viable as an ongoing business. If it is not viable, the court will determine whether a receiver will oversee HPL’s “winding up.” If the receiver determines the business can afford to continue operations, “the receiver will be responsible for overseeing all aspects of HPL’s operations, including all financial decisions, banking, recordkeeping, and regulation compliance.” Meanwhile, “Defendants Calvin and Darcie Pareo and Michael Flen will have no control over the business.”
This case was investigated by the Grain Inspection, Packers and Stockyards Administration of the U.S. Department of Agriculture. Assistant U.S. Attorneys Ruth F. Keegan and Karen F. Grohman are litigating the case on behalf of the United States with assistance from Auditor Julie Chappell.
Chaparral Man Sentenced to Five Years for Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Alberto Armendariz, 56, of Chaparral, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 60 months in prison followed by four years of supervised release for his heroin trafficking conviction.
Armendariz was arrested in May 2015, and charged by criminal complaint with possessing heroin with intent to distribute in Doña Ana County, N.M., on May 5, 2015. On that day, the DEA found approximately 299.3 grams of heroin and a shotgun in a Chaparral residence where Armendariz was residing. At the time of his arrest, Armendariz was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
On July 22, 2015, Armendariz pled guilty to a felony information charging him with possession of heroin with intent to distribute. In entering the guilty plea, Armendariz admitted that the heroin seized by the DEA on May 5, 2015 belonged to him and that he intended to sell the drugs to others.
This case was investigated by the Las Cruces office of the DEA. Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case 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.
Albuquerque Man Arraigned on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Randy Martinez, Jr., 20, of Albuquerque, N.M., was arraigned this morning in federal court on an indictment charging him with child pornography offenses. During today’s proceedings, Martinez entered a not guilty plea to the indictment. Martinez was ordered detained pending trial based on a judicial finding that he poses a danger to the community.
Martinez was charged on Nov. 17, 2015, in a five-count indictment with advertisement, receipt and possession of visual depictions of minors engaged in sexually explicit conduct. According to the indictment, Martinez published an advertisement in which he offered to distribute and exchange child pornography from Aug. 9, 2015 through Aug. 17, 2015, and received child pornography on Aug. 9, 2015. The indictment also alleges that Martinez possessed child pornography from Nov. 5, 2014 through Aug. 17, 2015. Martinez allegedly committed the crimes in Bernalillo County, N.M.
According to court filings, the investigation into this case was initiated after the National Center for Missing and Exploited Children (NCMEC) received a cryptic Cybertip on Aug. 17, 2015, in which the sender reported himself for offenses involving the online sexual exploitation of children. After the tip was forwarded to law enforcement authorities in New Mexico, investigation by the Bernalillo County Sheriff’s Office determined the address the tip was sent from and later identified Martinez as the sender of the Cybertip. Thereafter, law enforcement authorities executed a search warrant on Martinez’s phone and allegedly found nearly 3,000 files containing child pornography on the phone. Further investigation allegedly revealed that Martinez also possessed two online cloud storage accounts containing over 5,000 child pornography videos and images.
The search of Martinez’s phone also allegedly revealed that he was an active participant in an online messaging application community devoted to advertising and trading child pornography. Martinez allegedly used this messaging application to receive and share child pornography with other members of the messaging community. The continuing investigation has led to the identification of approximately 70 unique users who allegedly engaged in trading images and videos depicting the sexual exploitation of children, both in the United States and abroad.
Martinez was arrested on Dec. 7, 2015, on the federal warrant. Prior to his arrest, Martinez was in state custody on the related state charges that were dismissed in favor of federal prosecution.
The statutory penalty upon conviction on the advertisement of child pornography charge is a mandatory minimum of 15 years and a maximum of 30 years in federal prison. The penalty upon conviction on the receipt charge is a mandatory minimum of five years and a maximum of 20 years in federal prison, and the penalty upon conviction on the three possession charges is a maximum of 20 years in federal prison. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Bernalillo County Sheriff’s Office, Albuquerque office of the FBI and the New Mexico Office of the Attorney General with assistance from the New Mexico Regional Computer Forensics Laboratory, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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 80 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.
Hobbs Man Pleads Guilty to Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Ruben Cantu, 43, of Hobbs, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to being a felon in possession of a firearm and ammunition. Under the terms of his plea agreement, Cantu will be sentenced to 15 years in federal prison followed by a term of supervised release to be determined by the court.
U.S. Attorney Damon P. Martinez said that Cantu 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 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 Lea County, under this initiative.
Cantu was arrested on July 7, 2014, on an indictment charging him with two counts of being a felon in possession of a firearm and ammunition. The indictment alleged that Cantu committed the crimes on March 5, 2014, in Lea County, N.M. At the time, Cantu was prohibited from possessing firearms and ammunition because he previously had been convicted of a marijuana trafficking crime.
During today’s proceedings, Cantu pled guilty to the indictment and admitted that on March 5, 2014, he was in possession of a firearm and multiple rounds of ammunition. He further acknowledged that he was prohibited from possessing firearms or ammunition based on his status as a convicted felon.
In entering the guilty plea, Cantu reserved the right to appeal from an order of the court denying his motion to suppress evidence, including the firearms and ammunition at issue in the case, seized pursuant to a state search warrant. He remains in federal custody pending his 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, the Roswell office of the FBI, the Lea County Drug Task Force and the Hobbs Police Department. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the 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.
Deming Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Andres Munoz, 59, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 70 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Munoz and his co-defendant Guadalupe Romero, 38, also of Deming, were arrested in Dec. 2014, on a criminal complaint alleging conspiracy and possession of methamphetamine with intent to distribute. The complaint alleged that the pair committed the crimes on Dec. 18, 2014, in Luna County, N.M. According to the complaint, Homeland Security Investigations (HSI) executed a search warrant at the residence of Munoz and Romero and seized quantities of methamphetamine hidden throughout the residence. Munoz and Romero were subsequently indicted on March 18, 2015.
On July 9, 2015, Munoz pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering his guilty plea, Munoz admitted that on Dec. 18, 2014, he and Romero possessed approximately 226 grams of methamphetamine in a residence they shared. He also acknowledged that they intended to distribute the drugs.
Romero pled guilty on July 21, 2015, to a felony information charging her with possession of methamphetamine with intent to distribute, and admitted that on Dec. 18, 2014, she and Munoz jointly possessed approximately 226 grams of methamphetamine with intent to distribute. Romero was sentenced on Oct. 29, 2015, to 27 months in federal prison followed by two years of supervised release.
This case was investigated by the Deming office of HSI and was prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office.
Colorado Man Pleads Guilty to Robbing Banks in Colorado and New Mexico in 2014 and 2015Read the Press Release
ALBUQUERQUE – John Allen Pierceall, 54, of Denver, Colo., pleaded guilty this morning in federal court in Las Cruces, N.M., to committing three banks robberies, two in Colorado and one in New Mexico, between Aug. 2014 and Aug. 2015.
Pierceall was arrested on Aug. 24, 2015, on a criminal complaint charging him with robbing the US Bank located at 901 East University Ave. in Las Cruces, on Aug. 24, 2015. According to the complaint, Pierceall robbed the bank by presenting a bank teller with a demand note stating that he was armed and would shoot if she did not comply with his demand for cash.
On Dec. 2, 2015, Pierceall was indicted in the District of Colorado, and charged with two counts of bank robbery. The indictment alleged that Pierceall robbed the Vectra Bank Colorado in Denver twice, once on Aug. 14, 2014 and again on Oct. 7, 2014.
During today’s proceedings, Pierceall plead guilty to a felony information charging him with three counts of bank robbery. In entering the guilty plea, Pierceall admitted that on Aug. 14, 2014, and Oct. 7, 2014, he robbed the Vectra Bank Colorado, and on Aug. 24, 2015, he robbed the US Bank in Las Cruces. Pierceall further admitted that he committed all three bank robberies by handing the teller a demand note which stated that he was armed and would shoot if his demands for cash were not met.
In his plea agreement, Pierceall waived his right to have the Colorado bank robberies prosecuted in the U.S. District Court for the District of Colorado, and agreed to have a federal judge in the District of New Mexico accept his guilty plea on those crimes.
At sentencing, Pierceall faces a statutory maximum penalty of 20 years in federal prison followed by up to three years of supervised release. Pierceall 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, the Las Cruces Police Department and the Denver Police Department with assistance from the U.S. Attorney’s Office for the District of Colorado. Assistant U.S. Attorney Marisa A. Lizarraga is prosecuting the case.
Carlsbad Man Sentenced to Federal Prison for Violating Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Jacob J. Loredo, 29, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to 87 months in prison followed by four years of supervised release for violating the federal firearms and drug trafficking laws.
Loredo was arrested on Feb. 19, 2015, and charged in a criminal complaint with conspiracy to possess methamphetamine with intent to distribute in Eddy County, N.M. According to the criminal complaint, on that day, agents with the Pecos Valley Drug Task Force executed a search warrant on Loredo’s residence and vehicle where they seized ammunition, two firearms, $4,955.00 in cash, methamphetamine, scales and other drug paraphernalia. According to court documents, at the time, Loredo was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of cocaine, a felony offense.
On June 2, 2015, Loredo pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm. Loredo admitted that on Feb. 19, 2015, law enforcement officers recovered methamphetamine and two firearms from his residence in Carlsbad. Loredo further admitted that he had previously been convicted of possession of a controlled substance in Dec. 2008, and was prohibited from possessing firearms or ammunition.
As required by the terms of his plea agreement, Loredo was ordered to forfeit the $4,995.00 seized from this residence as well as the firearms and ammunition.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force, and was prosecuted by Assistant U.S. Attorney Alexander B. Shapiro 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.
Artesia Man Sentenced to 84 Months in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Sammie Joe Peralta, 39, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison for his methamphetamine trafficking conviction. Peralta will be on supervised release for four years after completing his term of incarceration.
Peralta was arrested on May 8, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute in Eddy County, N.M., on Jan. 20, 2015. On that day, the Pecos Valley Drug Task Force and the Probation and Parole Division of the New Mexico Corrections Department executed a search warrant on Peralta’s vehicle and seized approximately 280.84 grams of methamphetamine, drug paraphernalia and a loaded handgun. Court records reflect that in Jan. 2015, Peralta had an active bench warrant for his arrest for absconding from supervision.
On Aug. 17, 2015, Peralta pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering his guilty plea, Peralta admitted that on Jan. 20, 2015, he had an active bench warrant for his arrest for absconding from supervision. Peralta also admitted that on that day, a probation officer discovered approximately 280.84 grams of methamphetamine, which he intended to distribute to others, and a handgun in his vehicle.
This case was investigated by the Las Cruces office of the DEA, the Pecos Valley Drug Task Force and the Probation and Parole Division of the New Mexico Corrections Department, and was prosecuted by Assistant U.S. Attorney Selesia Lee Winston 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.
Suspended APS Kindergarten Teacher Arraigned on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE –Albuquerque, N.M., resident Joshua Weitz, 39, was arraigned this morning in federal court on a six-count indictment charging him with distribution and possession of visual depictions of minors engaged in sexually explicit conduct. During this morning’s proceedings, Weitz entered a not guilty plea to the indictment. Weitz remains on conditions of release which include the condition that he reside at a halfway house under pretrial supervision pending trial.
The federal indictment filed on Dec. 2, 2015, charges Weitz with four counts of distribution of child pornography from Oct. 11, 2015 through Oct. 22, 2015, and two counts of possession child pornography from Dec. 14, 2014 through Nov. 4, 2015 and Feb. 4, 2013 through Nov. 4, 2015. The indictment alleges that Weitz committed the crimes in Bernalillo County, N.M.
Weitz was arrested Nov. 11, 2015, on a criminal complaint alleging that he distributed, received and possessed child pornography between Oct. 11, 2015 and Oct. 22, 2015, in Bernalillo County. At the time, Weitz allegedly committed these offenses while he was employed as a kindergarten teacher by the Albuquerque Pubic Schools (APS). APS suspended Weitz’s employment following his arrest in early Nov. 2015, on related state charges.
According to the criminal complaint, the investigation into Weitz began on Oct. 11, 2015, when an agent of the New Mexico Internet Crimes Against Children (ICAC) Task Force identified a computer with a specific IP address that was being used to share child pornography files. The criminal complaint alleges that between Oct. 11, 2015 and Oct. 22, 2015, the investigators were able to download a number of child pornography files from the computer at the IP address.
The criminal complaint alleges that further investigation revealed that the aforementioned IP address was subscribed to Weitz. On Nov. 4, 2015, a state court search warrant was executed at Weitz’ residence, and ICAC Task Force agents found Weitz allegedly in possession of a computer containing 40 files of child pornography. Weitz was arrested that day on related state charges, which have since been dismissed in favor of federal prosecution.
If convicted of the federal distribution or receipt of child pornography charges, Weitz faces a mandatory minimum of five years and a maximum of 20 years in prison. If convicted of the federal possession of child pornography, he faces a maximum of 20 years in prison. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the New Mexico ICAC Task Force, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory with assistance from the New Mexico Office of the Attorney General. Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Santa Fe Man Arraigned on Federal Tax ChargesRead the Press Release
ALBUQUERQUE – Darryl J. Gutierrez, 60, of Santa Fe, N.M., was arraigned yesterday on an eleven-count indictment alleging federal tax charges, announced U.S. Attorney Damon P. Martinez and Ismael Nevarez Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Gutierrez was arrested on Dec. 2, 2015, on the indictment which was filed on Nov. 5, 2015. Gutierrez made his initial appearance in federal court in Albuquerque, N.M., yesterday. During those proceedings, Gutierrez entered a not guilty plea and was released on conditions of release and under pretrial supervision pending trial.
Count 1 of the indictment charges Gutierrez with evading his federal tax obligations during tax years 2000 through 2009 by falsely claiming tax refunds totaling $173,526.00, when he was not entitled any tax refunds but instead owed approximately $125,624.00 in income taxes. According to the indictment, Gutierrez’s alleged tax liability increased the amount of his false claims to approximately $299,150.00, exclusive of interest and penalties. Counts 2 through 11 of the indictment allege that Gutierrez subscribed and filed individual tax returns for calendar years 2000 through 2009 that were materially false. Each of the charges alleges that Gutierrez’s tax returns falsely reported wages earned and other income during those calendar years.
If convicted, Gutierrez faces a statutory maximum penalty of five years in federal prison on the tax evasion charge and a statutory maximum penalty of three years in federal prison on the subscribing false tax returns charges. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Reeve L. Swainston.
Federal Indictments Charge 25 Alleged Members of Syndicato De Nuevo Mexico (SNM) Prison Gang with Participation in Violent Racketeering EnterpriseRead the Press Release
ALBUQUERQUE – A federal grand jury has returned two indictments charging a total of 25 defendants with participating in a violent racketeering enterprise known as the Syndicato de Nuevo Mexico (SNM) Prison Gang. The racketeering indictments, which were filed on Dec. 1, 2015, and were unsealed yesterday, allege that the defendants conspired to violate federal racketeering laws by conspiring to commit violent crimes, including murder, attempted murder and assault, in aid of their racketeering enterprise. The indictments are the result of a multi-agency investigation led by the Albuquerque Division of the FBI that culminated yesterday with a law enforcement operation during which all but two of the defendants charged were arrested.
The racketeering indictments and the results of yesterday’s law enforcement operation were announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Acting Special Agent in Charge Bryan Finnegan of the FBI’s Albuquerque Division, Director Jerry Roark of the Adult Prison Division of the New Mexico Corrections Department, U.S. Marshal Conrad E. Candelaria, New Mexico State Police Chief Pete N. Kassetas, Bernalillo County Sheriff Manuel Gonzales, III, and Albuquerque Police Chief Gorden Eden, Jr.
In announcing the indictments, U.S. Attorney Damon P. Martinez said “The results of this investigation demonstrate the resolve of the law enforcement community in New Mexico to work together to make our communities safer and better places to live, work and raise families.” The U.S. Attorney noted that the two cases are being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates are amongst the highest in the nation, New Mexico’s law enforcement community has been collaborating to target repeat offenders from counties with the highest violent crime rates under this initiative.
“Our office has worked in close conjunction with the U.S. Attorney’s Office with tremendous success, and this matter is an excellent example of that relationship,” said 2nd Judicial District Attorney Kari E. Brandenburg. “Our community is best served by this type of collaboration amongst law enforcement agencies, and we are pleased to be a part of that process. Federal prosecution of those involved will ensure they are held accountable at the strongest and most stringent level, and put our community another step ahead of the criminal element trying to underscore public safety on our streets and in our neighborhoods.”
“Nothing is more important to the FBI than protecting the American people. That's why we teamed up with our partners and set our sights on a large, violent prison gang that for more than 30 years used murder, kidnapping and assault to intimidate their fellow inmates as well as our communities,” said Acting Special Agent in Charge Bryan Finnegan. “The FBI will continue to strengthen our partnerships, share intelligence, and look for ways to pool our resources to get violent criminals off our streets – and keep them from operating in our prisons when we put them there. I want to thank not only the Albuquerque FBI Special Agents and support staff who worked on this investigation, but also the U.S. Attorney's Office, the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI Divisions, U.S. Marshal's Service, New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff's Department and Metropolitan Detention Center, and the Albuquerque Police Department.”
“Today is a realization towards true public safety and the New Mexico Corrections Department is proud to contribute,” said Jerry Roark, Director of the Adult Prison Division of the New Mexico Corrections Department. “These arrests help us in our mission is to provide safer prisons for those in our care.”
The two racketeering indictments allege that the 25 defendants charged were members and associates of the SNM Prison Gang, a state-wide gang operating in New Mexico prisons and in communities throughout the state. According to the racketeering indictments, the SNM Prison Gang was formed in the early 1980s at the Penitentiary of New Mexico after the prison riot in Feb. 1980, and expanded throughout the New Mexico penal system. Gang members and associates allegedly are expected to remain loyal to the Gang and work to further its objectives after they have completed their prison sentences and those who do not are allegedly subject to violent forms of discipline. The racketeering indictments allege that significant goals of the SNM Prison Gang include controlling and profiting from drug trafficking both within and outside the penal system; intimidating and influencing other gangs for the purpose of expanding the network for its illegal activities; and engaging in violence to assert its gang identity and protect its territory.
The first of the racketeering indictments charges 24 alleged SNM Prison Gang members and associates with committing four murders, conspiring to commit three murders and conspiring to commit a violent assault for the purpose of gaining entrance to and maintaining and increasing their positons within the SNM Prison Gang, an enterprise engaged in racketeering activity. The indictment includes Notices of Special Findings against the 12 defendants alleged to have committed murder in aid of the Gang’s racketeering affairs. The decision whether or not to seek the death penalty will be made by the Attorney General of the United States based on the recommendations of the U.S. Attorney and after carefully considering each defendant’s background and the circumstances of his crimes.
The second racketeering indictment charges four alleged SNM Prison Gang members and associates, including three charged in the first racketeering indictment, with conspiring to commit two murders and committing two violent assaults for the purpose of gaining entrance to and maintaining and increasing their positons within the SNM Prison Gang.
Twenty-three defendants, including 13 who were in state custody, were arrested during yesterday’s law enforcement operation; one of the defendants was arrested in Tennessee. Two defendants have yet to be apprehended and are considered fugitives. The defendants arrested in New Mexico made their initial appearances in federal court earlier today. All remain in federal custody pending arraignment and detention hearings which will be scheduled for next week.
More than 500 federal, state, county and local law enforcement and corrections officers were involved in yesterday’s law enforcement operation. In addition to the arrests, the law enforcement operation included the execution of 12 federal search warrants in New Mexico and one in Tennessee; a lockdown of three prison facilities in the state for the purpose of conducting cell searches; and more than 50 probation and parole searches throughout the state. The following agencies were involved in the law enforcement operation: Albuquerque Division of the FBI, New Mexico Corrections Department, New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correctional Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI Divisions.
“Deputy U.S. Marshals and Special Deputized Marshals enhance the safety of our citizens and communities by regularly contributing their expertise in apprehending violent offenders to operations like the one the U.S. Marshals Service participated in yesterday,” said U.S. Marshal Conrad E. Candelaria. “The U.S. Marshals Service will continue to support the prosecution of these racketeering cases as they proceed through the criminal justice system in front of a federal judge.”
“The citizens of New Mexico are safer today because of the collaborative effort between law enforcement agencies. When law enforcement agencies combine resources and assets, we are able to prevent violent crimes,” said New Mexico State Police Chief, Pete Kassetas. “These cases are great examples of how local, county, state and federal agencies are working with State District Attorneys and the U.S. Attorney to prevent violent crimes. This operation reinforces that there are consequences to those that choose to conspire to commit violent crimes in our state.”
“The collaboration between law enforcement and corrections has proven to be highly effective in proactively preventing crime and making our community a safer place to live, work, and visit,” said Bernalillo County Sheriff Manuel Gonzales, III. “This operation has created the opportunity to partner with our state and federal partners to remove and prosecute those who continually participate in criminal activity and sends a clear message that we have a strategy to keep our community safer by holding criminals accountable.”
“This is a monumental accomplishment for our agencies. These arrests will help rid our streets of systematic, organized crime and violent, illegal activities perpetuated by accused repeat offenders,” said Chief Gorden Eden, Jr., of the Albuquerque Police Department. “We are extremely thankful for the collaborative efforts of our law enforcement partners which ensure cases like this have a powerful impact – one that will positively affect our community for years to come.”
INDICTMENT IN UNITED STATES v. DELEON et al., 15-CR-4268 KG
Summary of the Charges
Indictment 15-CR-4268 KG charges 24 defendants with participating in a racketeering enterprise, the SNM Prison Gang, and committing violent acts to achieve the objectives of their enterprise.
Counts 1, 2, 3 and 5 charge certain defendants with committing four murders in Doña Ana County, N.M. Counts 1 and 2 charge the murders of persons identified as F.C. and R.G. on March 26, 2001. Count 3 charges the murder of a person identified as F.S. on June 17, 2007, and Count 5 charges the murder of a person identified as J.M. on March 7, 2014. If convicted, the defendants each face a statutory penalty of life imprisonment and are eligible for the death penalty.
Counts 4, 7 and 8 charge certain defendants with conspiring to murder three persons in Doña Ana County, N.M. Count 4 charges a conspiracy to murder a person identified as J.M. on March 7, 2014, and Counts 7 and 8 charge conspiracies to murder persons identified as D.S and G.M. from 2013 until Dec. 1, 2015. If convicted, the defendants each face a statutory maximum penalty of ten years in prison.
Count 6 charges certain defendants with conspiring to commit assault resulting in serious bodily injury to a person identified as J.R. in Dona Ana County, N.M., from 2003 until July 13, 2015. If convicted, the defendants each face a statutory maximum penalty of 20 years in prison.
Defendants Charged in Indictment
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Angel DeLeon, 38, a Mexican national, is charged in Count 1.DeLeon has yet to be arrested and is considered a fugitive.
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Joe Gallegos, 46, of Albuquerque, N.M., is charged in Count 1.
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Edward Troup, 41, of Albuquerque, N.M., is charged in Counts 1 and 3.
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Leonard Lujan, 49, of Albuquerque, N.M., who was in state custody, is charged in Counts 1 and 2.
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Billy Garcia, 61, of Albuquerque, N.M., who was in state custody, is charged in Counts 1 and 2.
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Eugene Martinez, 36, of Albuquerque, N.M., is charged in Count 2.
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Allen Patterson, 45, of Silver City, N.M., is charged in Count 2.
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Christopher Chavez, 39, of Albuquerque, N.M., is charged in Count 2.
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Javier Alonso, 36, of Roswell, N.M., who was in state custody, is charged in Count 3.
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Arturo Arnulfo Garcia, 48, of Denver, Colo., is charged in Count 3.Garcia has yet to be arrested and is considered a fugitive.
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Benjamin Clark, 37, of Las Cruces, N.M., who was in state custody, is charged in Count 3.
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Ruben Hernandez, 42, of Clovis, N.M., is charged in Count 3.
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Jerry Armenta, 35, of Merced, Calif., who was in state custody, is charged in Counts 4 and 5.
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Jerry Montoya, 35, of Albuquerque, N.M., who was in state custody, is charged in Counts 4 and 5.
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Mario Rodriguez, 31, of Silver City, N.M., who was in state custody, is charged in Counts 4 and 5.Rodriguez also is charged in Indictment 15-CR-4269 KG.
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Timothy Martinez, 32, of Santa Fe, N.M., who was in state custody, is charged in Counts 4 and 5.
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Mauricio Varela, 45, of Albuquerque, N.M., who was in state custody, is charged in Counts 4 and 5. Varela also is charged in Indictment 15-CR-4269 KG.
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Daniel Sanchez, 43, of Albuquerque, N.M., who was in state custody, is charged in Counts 4 and 5.
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Gerald Archuleta, 49, of McMinnville, Tenn., is charged in Count 6.Archuleta was arrested in Tennessee and will be transferred to the District of New Mexico to face the charges against him.
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Conrad Villegas, 31, of Deming, N.M., who was in state custody, is charged in Count 6.
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Anthony Ray Baca, 52, of Albuquerque, N.M., who was in state custody, is charged in Counts 4, 6, 7 and 8.
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Robert Martinez, 51, of Santa Fe, N.M., who was in state custody, is charged in Counts 7 and 8.Martinez also is charged in Indictment 15-CR-4269 KG.
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Roy Paul Martinez 43 of Albuquerque, N.M., who was in state custody, is charged in Counts 7 and 8.Martinez,
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Christopher Garcia, 40, of Albuquerque, N.M., is charged in Count 8.
This case was investigated by the Albuquerque Division of the FBI, New Mexico Corrections Department, New Mexico State Police and the New Mexico Office of the Medical Investigator, and is being prosecuted by Assistant U.S. Attorneys in the U.S. Attorney’s Las Cruces Branch Office.
INDICTMENT IN UNITED STATES v. VARELA, et al., 15-CR-4269 KG
Summary of the Charges
Indictment 15-CR-4269 KG charges four defendants with participating in a racketeering enterprise, SNM, and committing violent acts to achieve the objectives of their enterprise.
Counts 1 and 3 charge the four defendants with conspiring to murder two persons in Santa Fe County, N.M. Count 1 charges a conspiracy to murder a person identified as P.S. in March 2011, and Count 3 charges a conspiracy to murder a person identified as A.S. in June 2011. If convicted, the defendants each face a statutory maximum penalty of ten years in prison.
Counts 2 and 4 charge the four defendants with committing violent assaults in aid of racketeering in Santa Fe County, N.M. Count 2 charges an assault with a dangerous weapon on a person identified as P.S. on March 14, 2011, and Count 4 charges an assault resulting in serious bodily injury on a person identified as A.S. on June 24, 2011. If convicted, the defendants each face a statutory maximum penalty of 20 years in prison.
Defendants Charged in Indictment
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Mauricio Varela, 45, of Albuquerque, N.M., who was in state custody, also is charged in Indictment 15-CR-4268 KG.
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David Calbert, 39, of Clovis, N.M., was in state custody.
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Robert Martinez, 51, of Santa Fe, N.M., who was in state custody, also is charged in Indictment 15-CR-4268 KG.
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Mario Rodriguez, 31, of Silver City, N.M., who was in state custody, also is charged in Indictment 15-CR-4269 KG.
This case was investigated by the Albuquerque Division of the FBI, New Mexico Corrections Department and New Mexico State Police, and it is being prosecuted by Assistant U.S. Attorneys in the U.S. Attorney’s Las Cruces Branch Office.
The public is reminded that charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Photographs of the two fugitives, Angel DeLeon and Arturo Arnulfo Garcia, are attached to this press release. Anyone with information on the whereabouts of this/these fugitive(s) is asked to contact the Albuquerque FBI (24 hours) at (505) 889-1300. Tips also can be submitted online at https://tips.fbi.gov.
SNM- DeLeon Indictment SNM- Varela Indictment
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New Mexico U.S. Attorney’s Office Collects More Than $12 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2015Read the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that the District of New Mexico collected $12,080,100.80 in criminal and civil actions in Fiscal Year 2015. Of this amount, $2,489,785.93 was collected in criminal actions and $9,590,314.87 was collected in civil actions.
Additionally, the Office worked with other components of the Justice Department to collect an additional $78,200,000.00 in civil cases pursued jointly. The Office, working with partner agencies and divisions, also collected $2,039,813.00 in asset forfeiture actions.
Attorney General Loretta E. Lynch announced that the Justice Department collected $23.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2015. The more than $23.1 billion in collections in Fiscal Year 2015 represents more than seven and a half times the approximately $2.93 billion of the Justice Department’s combined appropriations for the 94 U.S. Attorneys’ Offices and the main litigating divisions in that same period.
“The Department of Justice is committed to upholding the rule of law, safeguarding taxpayer resources, and protecting the American people from exploitation and abuse,” said Attorney General Loretta Lynch. “The collections we are announcing today demonstrate not only the strength of that commitment, but also the significant return on public investment that our actions deliver. I want to thank the prosecutors and trial attorneys who made this achievement possible, and to reiterate our dedication to this ongoing work.”
“The U.S. Attorney’s Office is dedicated to protecting the public by recovering funds wrongfully taken from the taxpayers and obtaining restitution for victims of federal crimes,” said U.S. Attorney Damon P. Martinez. “By holding accountable those who defraud the taxpayers and criminals who seek to profit from their illegal activities, we seek not only to ensure that justice is served but also deliver a valuable return to the people of New Mexico.”
U.S. Attorney Martinez commended Assistant U.S. Attorneys Howard R. Thomas, Ruth F. Keegan, Stephen R. Kotz and Brock Taylor and staff members Julie Chappell, Lois Agnes, Feather Astor, Lois Golden, Melinda Quick and Roxanne Castillo for their combined efforts in recovering funds on behalf of the United States. He also commended U.S. Marshal Conrad E. Candelaria and the U.S. Marshals Service for facilitating the collection of funds from the criminal and civil forfeiture actions.
The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government moneys lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education. Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Georgia Man Sentenced to Five Years in Prison for Federal Cocaine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Willie Collier, 66, of Macon, Ga., was sentenced this morning in federal court in Albuquerque, N.M., to 60 months in prison followed by four years of supervised release for his cocaine trafficking conviction.
Collier was arrested on Jan. 21, 2014, at the Greyhound Bus Station in Albuquerque after a search of his baggage by DEA agents revealed that Collier was carrying a large amount of cocaine inside a backpack. Collier was subsequently charged in a superseding indictment filed on June 24, 2015 with possession of cocaine with intent to distribute on Jan. 21, 2014, in Bernalillo County.
On Aug. 17, 2015, Collier pled guilty to the superseding indictment. Collier admitted possessing approximately 4.037 kilograms of cocaine on Jan. 21, 2014, and acknowledged that he was being paid to transport the drugs from Phoenix, Ariz., to Memphis, Tenn.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case.
Federal Grand Jury Indicts Davon Lymon on Narcotics Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of ATF and Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division announced today that a federal grand jury has returned a three-count indictment charging Albuquerque resident Davon Lymon, 34, with violating the narcotics trafficking and firearms laws. An arraignment hearing on the indictment has yet to be scheduled.
The three-count indictment charges Lymon with distributing heroin on Sept. 11, 2015 and Oct. 2, 2015, and unlawfully possessing a firearm in Bernalillo County on Oct. 2, 2015 (heroin trafficking indictment) in Bernalillo County, N.M. At the time, Lymon was prohibited from possessing firearms because he previously has been convicted of felony offenses in two state court cases. If convicted on the heroin trafficking counts, Lymon faces a statutory maximum penalty of 20 years in prison. If convicted on the firearms count, he faces a statutory maximum penalty of ten years in prison.
Lymon also is charged in a four-count indictment that was filed on Nov. 17, 2015 (firearms indictment). That indictment charges Lymon with three counts of being a felon in possession of a firearm and ammunition and one count of unlawfully possessing a stolen firearm in Bernalillo County. If convicted, Lymon faces a statutory maximum penalty of ten years in federal prison on each of the four counts in the indictment. Lymon has entered a not guilty plea to this indictment.
Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The heroin trafficking case was investigated by the Albuquerque offices of ATF and DEA. The firearms case was investigated by the Albuquerque office of ATF and APD, with assistance from the Albuquerque office of the FBI, the U.S. Marshals Service, the New Mexico State Police, the Bernalillo County Sheriff’s Office, the Rio Rancho Police Department and the New Mexico Transportation Police Division.
Assistant U.S. Attorneys Jacob A. Wishard and Elaine Y. Ramirez are prosecuting the two cases as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Lymon Indictment (95.48 KB)
Arizona Man Sentenced to Federal Prison for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Jose Marcos Armendariz, 31, of Phoenix, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 48 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Armendariz was arrested in May 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute after DEA agents found approximately .60 kilograms of methamphetamine concealed inside Armendariz’s baggage during an interdiction investigation at the Greyhound Bus Station in Albuquerque on May 1, 2015. Armendariz was indicted on the same charge on May 12, 2015.
On Aug. 19, 2015, Armendariz pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Armendariz admitted that on May 1, 2015, he was transporting a large amount of methamphetamine in his backpack when he was stopped by DEA agents at the Greyhound Bus Station in Albuquerque.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case.
Albuquerque Man Sentenced to Federal Prison for Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Andres Salinas, 21, of Albuquerque, N.M., was sentenced today in federal court to 72 months in prison followed by 25 years of supervised release for possessing child pornography. Salinas will be required to register as a sex offender after completing his term of imprisonment.
Salinas was arrested by Homeland Security Investigations (HSI) on Sept. 4, 2014, and charged in a criminal complaint with receipt and possession of visual depictions of minors engaged in sexually explicit conduct. Salinas subsequently was indicted on Sept. 23, 2014, on the same charges.
Court filings reflect that HSI initiated an investigation into Salinas in July 2014, after receiving a referral from the Internet Crimes Against Children (ICAC) Unit of the New Mexico Office of the Attorney General. In July 2014, investigators identified an IP address that was being used to download and share child pornography. Subsequent investigation revealed that the IP address was subscribed to the residence in which Salinas lived. In Sept. 2014, investigators interviewed Salinas at his residence and he admitted that he had used the file sharing network to download images and videos consistent with child pornography and child erotica. Investigators seized computers, a video recorder, a cellular phone and computer-related media that contained child pornography after learning that Salinas regularly used the computer while he lived in the residence.
On May 5, 2015, Salinas pled guilty to possessing child pornography and admitted that from July 20, 2014 through Aug. 9, 2014, he possessed visual depictions of minors engaged in sexually explicit conduct.
This case was investigated by the Albuquerque office of HSI, the New Mexico Office of the Attorney General and was prosecuted by Assistant U.S. Attorney Jacob Wishard; all members of the New Mexico Internet Crimes Against Children (ICAC) Task Force
The case was brought 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 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Navajo Man Sentenced to 74 Months in Prison for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Farrell Bowman, 29, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 74 months in prison for his involuntary manslaughter conviction. Bowman will be on supervised release for three years after completing his prison sentence.
Bowman was arrested in Jan. 2015, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Bowman killed two Native American men with his vehicle when he crashed into their vehicle while he was driving under the influence of alcohol. The crash occurred on July 3, 2014, in a location within the Navajo Indian Reservation in San Juan County, N.M. Bowman was subsequently indicted on the same charges on Jan. 21, 2015.
On Aug. 12, 2015, Bowman pled guilty to the indictment and admitted killing the two victims by driving recklessly while under the influence of alcohol which rendered him incapable of exercising clear judgment and a steady hand in operating a vehicle. He also acknowledged that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety, the Farmington office of the FBI and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Raquel Ruiz-Velez prosecuted the case.
Las Cruces Man Sentenced to 100 Months in Federal Prison for Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Armando Conrad Gonzales, 34, of Las Cruces, N.M., was sentenced today in federal court for his conviction on drug trafficking and firearms charges. Gonzales was sentenced to 100 months in federal prison followed by four years of supervised release.
Gonzales was charged in July 2014, with two co-defendants who previously had been arrested. Co-defendant Charles Douglas Notbohm, Jr., 51, of Tucson, Ariz., was arrested in Lordsburg, N.M., on Feb. 21, 2014, after officers executed a search warrant on the vehicle in which he was traveling and found more than 116 grams of methamphetamine. On May 21, 2014, Notbohm and co-defendant James Richard Reeves, 46, also of Tucson, were indicted and charged with conspiracy and possession of methamphetamine with intent to distribute. On July 16, 2014, Notbohm, Reeves and Gonzales were charged in a superseding indictment with conspiracy and possession of methamphetamine with intent to distribute. The superseding indictment also charged Gonzales with being a felon in possession of a firearm
Gonzales pled guilty on Nov. 18, 2014, to Counts 1 and 3 of the superseding indictment, charging him with a methamphetamine distribution conspiracy and being a felon in possession of a firearm. In entering his guilty plea, Gonzales admitted making an agreement with Reeves to purchase four ounces of methamphetamine from Reeves which Reeves and Notbohm were to transport from Tucson to Las Cruces. Gonzales further admitted that on April 11, 2014, he possessed a firearm and ammunition even though he was prohibited from doing so based on his status as a convicted felon.
On Sept. 18, 2014, Reeves pled guilty to the two methamphetamine trafficking charges in the superseding indictment without the benefit of a plea agreement. At sentencing, Reeves faces a sentence of not less than five years and not more than 40 years in prison. Reeves remains in custody pending a sentencing hearing which has yet to be scheduled.
Notbohm pled guilty on Oct. 7, 2014, to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering his guilty plea, Notbohm admitted that on Feb. 21, 2014, he and Reeves were driving from Tucson to Las Cruces for the purpose of delivering methamphetamine to Gonzales. He further admitted that as the two men were driving through Lordsburg, they were stopped by a police officer who found more than 116 grams of methamphetamine in their vehicle. Notbohm was sentenced on Aug. 20, 2015, to 87 months in prison followed by three years of supervised release.
This case was investigated by Deming office of Homeland Security Investigations and the Lordsburg Police Department, and is being prosecuted by Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Francisco Melgar-Cabrera Sentenced to Life ImprisonmentRead the Press Release
ALBUQUERQUE – Francisco Melgar-Cabrera was sentenced this afternoon in federal court in Albuquerque, N.M., to life imprisonment for his conviction on felony murder and Hobbs Act charges arising from the murder of Stephanie Anderson and the armed robberies of two Albuquerque-area restaurants in June 2009. Melgar-Cabrera, 32, a Salvadoran national, was sentenced to life imprisonment on the felony murder charge and 20 years in prison on the Hobbs Act charges.
In announcing the sentence, U.S. Attorney Damon P. Martinez said, “Although the life sentence imposed on Melgar-Cabrera cannot restore Stephanie Anderson to her family and friends, I hope it brings them a measure of comfort and closure.” The U.S. Attorney commended the seasoned officers and career prosecutors who devoted more than six years to bring justice to Ms. Anderson’s family and the others who were victimized by Melgar-Cabrera and his three cohorts. “In particular, I want to recognize Assistant U.S. Attorney Louis E. Valencia and ATF Special Agent Paul Jessen, both of whom were on the case from the beginning and repeatedly delayed retirement plans until all four defendants were convicted and sentenced. They exemplify the Justice Department’s resolve to hold criminals accountable.”
“I am extremely proud of the work of this office and our law enforcement partners on this case. I would like to recognize the investigative efforts of ATF Special Agents – especially the efforts of ATF Special Agent Paul Jessen, who for years doggedly pursued Melgar-Cabrera for his role in Stephanie Anderson’s murder. I hope the life sentence imposed today brings some peace to Stephanie’s family,” said Special Agent in Charge Thomas G Atteberry of ATF’s Phoenix Division. “ATF is committed to working with our law enforcement partners – at home and around the world – to take violent criminals off the streets and bring them to justice.”
“Violent criminals are grabbing headlines lately, but today’s sentencing proves they are no match for law enforcement as we work together to bring them to justice, no matter where they try to hide or how long it takes to find them,” said FBI Acting Special Agent in Charge Robert White. “Stephanie Anderson’s murder was a tragic loss for our community and the FBI and its partners were not going to let this crime go unpunished. Many dedicated professionals worked tirelessly with us on this case, including the FBI Legal Attaché in San Salvador, the U.S. Department of State, U.S. Department of Justice Office of International Affairs, U.S. Attorney’s Office, the FBI’s Transnational Anti-Gang Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, U.S. Immigration and Customs Enforcement, the Government of El Salvador, and the Albuquerque Police Department.”
“We hope today’s sentencing brings a sense of closure and justice to Ms. Anderson’s family and all of those involved,” said Chief Gorden Eden, Jr., of the Albuquerque Police Department. “Our goal in law enforcement is to pursue justice no matter how long it takes or how many hurdles we may face. I am thankful for all of our law enforcement partnerships and the positive impact we are able to have especially when dangerous criminals like Melgar-Cabrera are prosecuted in the federal system.”
Melgar-Cabrera and two co-defendants Marvin Aguilar-Lopez and Pablo De Leon Ortiz, both Salvadoran nationals, were indicted in Oct. 2009, and charged with violating the Hobbs Act by robbing a business involved in interstate commerce, felony murder and firearms offenses. The charges arose from the armed robbery of a Denny’s Restaurant located at 1602 Coors Blvd. NW in Albuquerque on June 20, 2009, and the murder of Ms. Anderson, a cook at the restaurant.
In April 2010, the indictment was superseded to add Melgar-Cabrera’s brother, Jose Melgar-Cabrera, also a Salvadoran national, as a defendant. Jose Melgar-Cabrera was charged as an accessory after the fact for assisting Melgar-Cabrera’s flight to avoid apprehension. A second superseding indictment, filed in Oct. 2010, added four new robbery and firearms offenses against Melgar-Cabrera, Aguilar-Lopez and De Leon Ortiz that arose out of the armed robbery of a Lone Star Steakhouse & Saloon located at 10019 Coors Blvd. NW in Albuquerque on June 13, 2009.
The trial of Melgar-Cabrera for the armed robbery of two businesses involved in interstate commerce and felony murder began on Aug. 25, 2015 and ended Sept. 3, 2015, when the jury returned a verdict of guilty on all three charges. The evidence established that Melgar-Cabrera, Aguilar-Lopez and De Leon Ortiz robbed the Lone Star Steakhouse at gunpoint at 11:00 a.m. on June 13, 2009. Witnesses testified seeing two masked men with firearms rush the restaurant’s general manager, who was on his way to deposit the prior day’s receipts, and push their guns into his stomach. One of the masked men took the money bag from the general manager and the other took money from the general manager’s wallet. A third man drove the two masked men away in a gold-colored car. The evidence revealed that Melgar-Cabrera was the man who drove the two masked men, Aguilar-Lopez and De Leon Ortiz, away from the Lone Star Steakhouse.
The evidence also established that on the morning of June 20, 2009, Melgar-Cabrera, Aguilar-Lopez and De Leon-Ortiz, who were masked and armed, charged into the Denny’s Restaurant, brandished their weapons, and demanded that everyone get down on the floor. The men were in the Denny’s for a few minutes during which a frenzy of activity ensued including the following: a restaurant employee dropped a tray of beverages and Aguilar-Lopez slipped on the wet floor and fired his weapon; De Leon-Ortiz grabbed the manager, held a gun to his head, and threatened to kill him if he didn’t turn over the restaurant’s money; and Melgar-Cabrera threatened a waitress and demanded that she open the cash register. After Melgar-Cabrera and De Leon-Ortiz grabbed cash out of the register, the three men fled from the restaurant. Shortly thereafter, Ms. Anderson, who was struck by the bullet fired by Aguilar-Lopez, died of a gunshot wound.
Aguilar-Lopez and De Leon Ortiz each entered guilty pleas to armed robbery and felony murder charges. Aguilar-Lopez was sentenced to 40 years in prison and De Leon Ortiz was sentenced to a 35-year term of imprisonment. They will be deported after completing their prison sentences. Jose Melgar-Cabrera pled guilty to being an accessory after the fact and was sentenced to 48 months in prison. After completing his prison sentence, Jose Melgar-Cabrera was deported to El Salvador.
This case was investigated by the Albuquerque offices of ATF and FBI and APD and was prosecuted by Assistant U.S. Attorneys Louis E. Valencia and Presiliano A. Torrez.
Navajo Man Sentenced to Federal Prison for Conviction on Involuntary Manslaughter and Assault ChargesRead the Press Release
ALBUQUERQUE – Joshua Rakestraw, 25, an enrolled member of the Navajo Nation who resides in Farmington, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 48 months in prison followed by three years of supervised release for his conviction on involuntary manslaughter and assault charges.
Rakestraw was arrested on Nov. 3, 2014, on a criminal complaint charging him with killing a Navajo woman and assaulting a Navajo man, causing him to suffer serious bodily injury, on Oct. 28, 2014. The complaint alleged that Rakestraw committed these crimes while under the influence of alcohol in Indian Country in San Juan County, N.M. According to court filings, Rakestraw killed one victim and seriously injured the other victim by running over them with his vehicle at Morgan Lake, south of Kirtland, N.M. At the time, Rakestraw was under the influence of alcohol.
On June 19, 2015, Rakestraw pled guilty to a felony information charging him with involuntary manslaughter and assault resulting in serious bodily injury. In entering the guilty plea, Rakestraw admitted that on Oct. 28, 2014, at Morgan Lake he drove his truck forward, striking both victims as he drove his truck over them. One of the victims died and the other victim suffered several injuries including a dislocated hip and a broken rib.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Shammara Henderson prosecuted the case.
Isleta Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Warren Chewiwi, 42, a member of Isleta Pueblo who resides in Bosque Farms, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a domestic assault by a habitual offender charge. Under the terms of his plea agreement, Chewiwi will be sentenced to 23 in months in federal prison followed by a term of supervised release to be determined by the court.
Chewiwi was arrested on Aug. 12, 2015, on an indictment charging him with domestic assault of an intimate partner by a habitual offender on Sept. 8, 2013, in Indian Country in Valencia County, N.M. According to the indictment, Chewiwi was charged as a habitual offender based on his two prior domestic violence convictions in Isleta Tribal Court. Isleta Tribal Court records reflect the Chewiwi’s prior convictions occurred in 2010 and 2013.
During today’s proceedings, Chewiwi pled guilty to the indictment and admitted that on Sept. 8, 2013, he assaulted the victim, his intimate partner, by grabbing her by the hair, jerking her around the room and hitting her with an open hand while he was under the influence of alcohol. He also acknowledged his two prior tribal court convictions.
Chewiwi remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Chewiwi will receive credit for time served in tribal custody on a related case.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Pueblo of Isleta Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney David Adams 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.
Albuquerque Man Pleads Guilty to Theft of Medical Products and Firearms Charges Arising Out of Armed Robbery of Retail Pharmacy in June 2013Read the Press Release
ALBUQUERQUE – Eddie Gallegos, 39, of Albuquerque, N.M., pleaded guilty this morning in federal court to theft of medical products and firearms charges arising out of the robbery of an Albuquerque-area retail pharmacy in June 2013. Under the terms of the plea agreement, Gallegos will be sentenced to 84 months in prison followed by a term of supervised release to be determined by the court.
Gallegos was arrested in June 2015, on an indictment charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce, using and carrying a firearm during a crime of violence, violating the Safe Doses Act by stealing medical products, and possession of oxycodone with intent to distribute. The charges against Gallegos arise out of the robbery of Phil’s Pills, a retail pharmacy in Albuquerque, on June 21, 2013.
During today’s proceedings, Gallegos pled guilty to brandishing a firearm in furtherance of a crime of violence and to violating the Safe Doses Act by stealing medical products. In entering his guilty plea, Gallegos admitted that on June 21, 2013, he entered the pharmacy called Phil’s Pills located at 5510 Lomas Blvd. in Albuquerque, pointed his firearm at an employee and the store owner, and demanded they fill his backpack with Oxycodone, OxyContin and Fentanyl. After the store owner complied with his demand, Gallegos fled the scene.
This case was investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque and the Albuquerque Police Department. Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley are prosecuting the case.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA. It created penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon. The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
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.
Tucumcari Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Alexander Page, 28, of Tucumcari, N.M., was sentenced today in federal court in Albuquerque, N.M., to 27 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Page and his co-defendants, Michael Montoya, 37, Brian Acuna, 24, and Dianna Hernandez-Trujillo, 24, all of Clovis, N.M., were arrested in Nov. 2013, on a six-count indictment charging them with trafficking methamphetamine in three New Mexico counties. The indictment charged all four defendants with conspiracy to distribute methamphetamine in Curry County, N.M., between Oct. 2007 and Nov. 2013. It also charged Montoya with possession of methamphetamine with intent to distribute on Oct. 11, 2011 in Curry County; Montoya and Acuna, and Hernandez-Trujillo with possession of methamphetamine with intent to distribute on March 27, 2012, in Cibola County; and Montoya and Page with possession of methamphetamine with intent to distribute on Nov. 7, 2012, in Socorro County. Montoya was also charged with money laundering for purchasing a residence with money derived from a drug trafficking activity on Sept. 22, 2010, and Acuna was charged with using and carrying a firearm in relation to a drug trafficking crime on March 27, 2012, in Cibola County.
On July 7, 2015, Page pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Page admitted that he was stopped for driving 85 miles per hour in a 35 mile per hour zone by a deputy of the Socorro County Sheriff’s Office on Nov. 7, 2012, while traveling near Socorro, N.M. During a search of the vehicle driven by Page, the deputy found approximately 1259 grams of methamphetamine in a hidden compartment in the vehicle. At the time, Page was transporting the methamphetamine to Clovis where the drugs were to be sold and where Page was to be paid for transporting the drugs.
On Oct. 1, 2015, Montoya pled guilty to conspiracy to distribute methamphetamine and to money laundering. Montoya admitted arranging for drivers to travel to California in vehicles he provided so that they could transport methamphetamine from his sources of supply. Montoya then distributed the methamphetamine in New Mexico. He also admitted being the owner of the 1.7 kilograms of methamphetamine seized from Acuna on March 27, 2012, and the 1.2 kilograms of methamphetamine seized from Page on Nov. 7, 2012. In entering his guilty plea, Montoya also admitted that on Sept. 22, 2010, he purchased a residence in Clovis with proceeds from his ongoing narcotics activities. Montoya is currently scheduled to be sentenced on Jan. 6, 2016.
Acuna pled guilty on June 26, 2014, to participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and using and carrying a firearm in relation to and in furtherance of a drug trafficking crime. In entering his guilty plea, Acuna admitted that on March 27, 2012, he and a co-defendant were stopped by police while transporting methamphetamine from California to Clovis. At the time of the stop, Acuna and the co-defendant knew that a large quantity of methamphetamine was concealed in a secret compartment in the vehicle and that additional methamphetamine was in a backpack in the vehicle. Acuna also admitted that he had a revolver and ammunition in the vehicle for protection. At sentencing, Acuna faces a mandatory minimum of 10 years to a maximum of life imprisonment on the methamphetamine trafficking charges. On the gun charge, Acuna faces a mandatory minimum of five years in prison which must be served consecutive to any sentence imposed on the drug charges. Acuna’s sentencing hearing is currently scheduled for Jan. 12, 2016.
Hernandez-Trujillo has entered a not guilty plea to the indictment and is participating in a judicial pretrial diversion program. Charges in indictments are merely accusation and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and the Socorro County Sheriff’s Office. Assistant U.S. Attorneys Sean J. Sullivan and Jennifer M. Rozzoni are prosecuting this case.
Prior Sex Offender from Ohio Pleads Guilty to Federal Child Pornography Charges in New MexicoRead the Press Release
ALBUQUERQUE – Michael Glover, 36, of Canton, Ohio, pleaded guilty this morning to federal child pornography charges in federal court in Albuquerque, N.M. Under the terms of the plea agreement, Glover will be sentenced to a prison term within the range of ten to 15 years followed by a lifetime of supervised release.
Glover was arrested in April 2015, in Ohio on an indictment alleging child pornography charges that was filed in Albuquerque. Thereafter, Glover was transported to the U.S. District Court for the District of New Mexico in Albuquerque to face the charges against him. He has been in federal custody since his arrest.
The six-count indictment charged Glover, a former Albuquerque resident, with three counts of distribution of visual depictions of minors engaged in sexually explicit conduct and three counts of possession of visual depictions of minors engaged in sexually explicit conduct. The three distribution counts alleged that Glover distributed child pornography in Bernalillo County, N.M., on May 27, 2013, Aug. 11, 2013, and Aug. 12, 2013. The three possession counts alleged that Glover possessed child pornography in Bernalillo County during three periods in 2013: from May 24, 2013 to Aug. 19, 2013; from July 18, 2013 to Aug. 19, 2013; and from July 21, 2013 to Aug. 19, 2013. The indictment included forfeiture provisions that seek forfeiture of Glover’s laptop computer and computer media.
During today’s proceedings, Glover entered guilty pleas to Counts 1 and 4 of the indictment charging him with distribution and possession of child pornography. In his plea agreement, Glover admitted that he distributed child pornography in Bernalillo County on May, 27, 2014, Aug. 11, 2014, and Aug. 12, 2014, by using a peer to peer file sharing program. He also admitted possessing child pornography between May 23, 2013 and Aug. 19, 2013, on three devices (a computer, a Kindle and a flash drive).
Glover remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of Homeland Security Investigations, the New Mexico Office of the Attorney General, the Bernalillo County Sheriff’s Office and the New Mexico Internet Crimes Against Children (ICAC) Task Force. Assistant U.S. Attorney Shammara H. Henderson is prosecuting the case.
The case was brought 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 80 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.
Glover, who has a prior sexual assault conviction and a conviction for violating the Sexual Offender Registration and Notification Act, is also being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
ormer Employee of New Mexico Human Services Department Pleads Guilty to Defrauding Federal Food Stamp ProgramRead the Press Release
ALBUQUERQUE – A former employee of the Income Support Division of the New Mexico Human Services Department has entered a guilty plea to defrauding the federal food stamp program. Joseph Martin Padilla, 34, of Albuquerque, N.M., pled guilty in federal court yesterday under a plea agreement that requires him to pay $181,398.76 in restitution to the U.S. Department of Agriculture. At sentencing, which has yet to be scheduled, Padilla faces a statutory maximum penalty of five years in prison.
Padilla is one of six defendants charged with defrauding the Food Stamp Program in a 32-count indictment filed in Aug. 2014. The indictment alleged that between Sept. 2009 to May 2010, Padilla conspired with Justin Quintana, 29, of Rio Rancho, N.M., Wilfredo Lopez, 46, Sergio Escobedo, 36, and Veronica Hernandez, 41, all of Albuquerque, to defraud the United States through the unauthorized use of Food Stamp benefits, which are called Supplemental Nutrition Assistance Program (SNAP) benefits. During this time, Padilla worked as a Family Assistance Analyst for the Income Support Division of the New Mexico Human Services Department where he was responsible for determining applicants’ eligibility and benefit level for SNAP benefits.
According to the indictment, SNAP is funded by the U.S. Department of Agriculture and is administered by the States. The program was created to alleviate hunger and malnutrition, and permits low income households to obtain more nutritious diet by increasing the food purchasing power for eligible households. In New Mexico, individuals qualify to participate in SNAP based on income and need by completing an application with the Income Support Division of the New Mexico Human Services Department. Once an applicant is deemed eligible for SNAP benefits by a Family Assistance Analyst, the Analyst establishes a SNAP account in the applicant’s name and electronic benefit transfers (EBT), which are determined based on income, resources and household size, are deposited into the account on a monthly basis.
The indictment charged Padilla with abusing his position as a Family Assistance Analyst by conspiring with his co-defendants to defraud the United States through the unauthorized use of SNAP benefits. It alleged that Padilla used names and personal identifiers he obtained from his co-defendants to establish fraudulent SNAP accounts, sometimes in exchange for cash or other things of value. It also alleged that Padilla established a fraudulent SNAP account and used the account to fraudulently obtain SNAP benefits for himself, and that he fraudulently established 25 separate SNAP accounts through which the United States was defrauded of SNAP benefits. The indictment further alleged that Padilla, aided and abetted by his co-defendants, fraudulently established SNAP accounts that were used to fraudulently obtain SNAP benefits.
During yesterday’s proceedings, Padilla pled guilty to Count 1 of the Indictment, and admitted that while employed by the Income Support Division of the New Mexico Human Services Department he processed numerous fraudulent applications for SNAP benefits. Padilla admitted conspiring with Moya to arrange for others to receive the fraudulent benefits in return for payment to Padilla and Moya.
On March 9, 2015, Moya pled guilty to Count 31 of the indictment and admitted that he fraudulently obtained SNAP benefits to which he was not entitled. Moya admitted that in early Dec. 2009, Padilla provided him with an application to obtain food stamps. Moya completed the application and returned it to Padilla for processing even though he knew that he was not entitled to SNAP benefits. Moya admitted unlawfully receiving $866.00 in SNAP benefits. Moya also admitted providing another application for SNAP benefits to a family member and that his relative unlawfully received $1,578.00 in SNAP benefits. On May 6, 2015, Moya was sentenced to six months in prison, or time served, followed by three years of supervised release. Moya also was ordered to pay $2,444.00 in restitution to the U.S. Department of Agriculture as the victim of his crime.
On May 18, 2015, Quintana pled guilty to Count 30 of the Indictment, and admitted meeting Padilla through Moya and knowing that Padilla had the ability to register people to receive food stamps. Quintana admitted that he agreed to pay Padilla a fee in exchange for arranging for him to receive food stamps unlawfully. Quintana obtained $486.00 in SNAP benefits through his illegal conduct. He also received a fee for collecting SNAP applications from six other people and delivering the completed applications to Padilla for the purpose of assisting them in obtaining SPA benefits unlawfully. Quintana was sentenced on Aug. 17, 2015, to three years of probation, and was ordered to pay $9,384.00 in restitution to the U.S. Department of Agriculture as the victim of his crime.
On May 19, 2015, Lopez entered a guilty plea to Count 32 of the indictment and admitted completing fraudulent applications for SNAP benefits in his name, another for himself in a pseudonym, and in the names of two other individuals. Lopez paid $100.00 to process each of the applications. He acknowledged that his criminal conduct caused a total monetary loss to the U.S. Department of Agriculture of approximately $8,382.00. Lopez’s sentencing hearing has yet to be scheduled.
Escobedo and Hernandez have entered not guilty pleas to the charges in the indictment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Office of Inspector General for the U.S. Department of Agriculture and the Office of Inspector General for New Mexico Human Services, and is being prosecuted by Assistant U.S. Attorneys Sean J. Sullivan and Cynthia Weisman.
Navajo Man Pleads Guilty to Federal Voluntary Manslaughter and Assault ChargesRead the Press Release
ALBUQUERQUE – Roderick Talk, 43, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to voluntary manslaughter and assault charges under a plea agreement with the U.S. Attorney’s Office.
Talk was arrested in June 2015, and charged in a criminal complaint with killing a man in Indian Country in San Juan County, N.M., on May 30, 2015. The crime occurred during an argument between Talk, the victim and the victim’s nephew, while Talk and the victim were drinking alcoholic beverages. Talk was subsequently indicted on June 24, 2015.
During today’s proceedings, Talk pled guilty to a felony information charging him with voluntary manslaughter and assault with a dangerous weapon. In entering his guilty plea, Talk admitted that on May 30, 2015, while in the heat of passion or a sudden quarrel, he killed a man and assaulted another man with a dangerous weapon, a pickup truck, with intent to do bodily harm. Talk admitted that the crimes took place on the Navajo Indian Reservation.
At sentencing, Talk faces a statutory maximum penalty of 15 years in federal prison. Maximum potential sentences are prescribed by Congress and are provided for information purposes only. The sentence on Talk will be determined by the court. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI, the New Mexico State Police and the Shiprock office of the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.
Las Cruces Man Sentenced to Twenty Years in Prison for Conviction on Federal Conspiracy and Firearms ChargesRead the Press Release
ALBUQUERQUE – Conrad Vasquez Salazar 43, of Las Cruces, N.M., was sentenced today in federal court to 20 years in prison followed by three years of supervised release for his conviction on conspiracy and firearms charges. Salazar also was ordered to pay $111,018.05 in restitution to the victim of his criminal conduct.
Salazar’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Las Cruces Police Chief Jaime Montoya.
Conrad Vazquez Salazar (Salazar) and co-defendants Clifford Raymond Salas, 38, and Andres Linares-Baca, 32, both of Las Cruces, and Thomas Vazquez Salazar (Vazquez Salazar), 39, of Odessa, Tex., were charged in a series of complaints and indictments, the first of which was filed in Sept. 2012, with violating the federal conspiracy, explosives and narcotics laws. Salas, Salazar and Vazquez Salazar were charged with conspiracy and explosives charges that arose out of the firebombing of a tattoo parlor in Las Cruces on Aug. 31, 2012.
On Aug. 17, 2015, Salazar pled guilty to conspiracy and being a felon in possession of a firearm and ammunition. In entering the guilty plea, Salazar admitted that on Aug. 31, 2012, he conspired with other individuals to firebomb a tattoo parlor in Las Cruces. Salazar also admitted producing two Molotov cocktails at his residence and instructing two co-conspirators on how to use them to set fire to the tattoo parlor. Salazar also admitted that on Sept. 22, 2012, he possessed a handgun and ammunition even though he previously had been convicted of residential burglary, conspiracy to commit first degree murder and aggravated battery on a peace officer and was thus prohibited from possessing firearms or ammunition.
In Sept. 2013, Linares-Baca pled guilty to conspiracy to distribute heroin and a heroin distribution charge and was sentenced on Jan. 22, 2014, to 15 months in federal prison followed by three years of supervised release. Although Vazquez Salazar entered a guilty plea to the conspiracy and an explosives charge in Sept. 2013, further proceedings against him were delayed by competency proceedings. In Oct. 2014, the court found Vazquez Salazar to be incompetent to stand trial and committed him to hospitalization to determine whether he can be restored to competency.
On March 9, 2015, Salas proceeded to trial on a superseding indictment charging him with participating in a conspiracy between July 15, 2012 and Aug. 31, 2012, to commit arson by maliciously damaging and destroying a tattoo parlor located at 2245 South Main Street in Las Cruces. The indictment also charged Salas with maliciously damaging and destroying the tattoo parlor on Aug. 31, 2012, by throwing at least one Molotov cocktail into the building, using a destructive device in furtherance of an act of violence; and being a felon in possession of an explosive. Trial against Salas concluded on March 11, 2015, when the jury returned a verdict of guilty on all four counts of the superseding indictment. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department. Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Albuquerque Felon Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jonathon Bouldin, 35, of Albuquerque, N.M., pleaded guilty this morning in federal court to violating the federal firearms laws.
Bouldin was arrested on May 18, 2015, on an indictment charging him with unlawfully possessing a firearm on Jan. 22, 2015, in Bernalillo County, N.M. At the time of his arrest, Bouldin was prohibited from possessing firearms or ammunition because he previously had been convicted of several felony offenses including shoplifting, commercial burglary, conspiracy to commit commercial burglary, and possession of a stolen credit card.
During today’s plea hearing, Bouldin pled guilty to the indictment and admitted that on Jan. 22, 2015, he was in possession of a semiautomatic pistol, even though this was prohibited because of his status as a convicted felon. At sentencing, Bouldin faces a statutory maximum penalty of ten years in federal prison. Bouldin remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Nicholas Jon Ganjei is prosecuting the case.
Federal Indictment Charges Eight with Participating in Major Marijuana Trafficking and Money Laundering RingRead the Press Release
ALBUQUERQUE – A federal grand jury has indicted eight individuals on marijuana trafficking and money laundering charges based on an investigation by the FBI and IRS Criminal Investigation into a New Mexico-based organization that allegedly distributed high-grade marijuana throughout New Mexico and across the country over a period of at least eight years. Five of the eight defendants were arrested yesterday during a multi-agency law enforcement operation that included arrests in New Mexico and California and the execution of numerous search and seizure warrants in New Mexico.
In announcing the indictment and the results of yesterday’s law enforcement operation, U.S. Attorney Damon P. Martinez said, “This indictment should serve as a reminder that the illegal distribution and sale of marijuana is a very serious crime. The Justice Department continues to enforce the marijuana trafficking laws especially when illegal marijuana trafficking provides a significant source of revenue for drug trafficking organizations as alleged in this indictment.”
“Yesterday, a task force of federal, state and local law enforcement agencies, working closely with the U.S. Attorney’s Office, dismantled a major drug-trafficking and money-laundering organization whose tentacles reached across New Mexico and beyond,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “The FBI is proud to have helped take a significant quantity of drugs off our streets and seize the ill-gotten proceeds of this criminal enterprise. I want to thank the FBI special agents and professional staff for their hard work, as well as the U.S. Attorney’s Office, IRS Criminal Investigation, New Mexico State Police, Pecos Valley Narcotics Task Force, Albuquerque Police Department and Fresno County (Calif.) Sheriff's Office.”
“Yesterday’s operation reflects the collaborative efforts of local, state, and federal agencies. IRS Special Agents will continue to lend their expertise in detecting the complex financial transactions used by transnational organized criminal groups to launder their ill-gotten gains" said Ismael Nevarez Jr., Special Agent in Charge of the Phoenix Field Office of IRS-Criminal Investigation.
The 26-count indictment, which was unsealed earlier today, is the result of a two-year investigation into a drug trafficking organization allegedly led by Enrique Cavazos, 29, of Tijeras, N.M., that allegedly cultivated and purchased high-grade marijuana in California and distributed the marijuana throughout the country and laundered its drug proceeds through a number of businesses and bank accounts. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The indictment alleges that Enrique Cavazos, his wife Lindsey Cavazos, and six co-conspirators participated in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere. According to the indictment, Enrique Cavazos operated his marijuana trafficking business by directing co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country. It also alleges that Cavazos and a co-conspirator purchased property in Leggett, Calif., in 2011 for the purpose of growing marijuana for distribution by Cavazos’ organization.
According to the indictment, Lindsey Cavazos was responsible for keeping the books on businesses she and her husband allegedly established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds. The indictment charges the couple with engaging in a money laundering conspiracy and using bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.
The indictment includes forfeiture provisions that seek to forfeit to the United States any and all property derived, either directly or indirectly, from proceeds obtained from the criminal activity charged in the indictment including:
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The Tijeras, N.M., residence of Enrique and Lindsey Cavazos;
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Two parcels of real property located on Grand Avenue in Las Vegas, N.M.;
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Two parcels of real property located on 12th Street in Las Vegas, N.M.;
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A parcel of real property located on Grant Street in Las Vegas, N.M;
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A parcel of real estate located at 8th Street and Sperry Street in Las Vegas, N.M.;
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A business suite located on Central Avenue, NW, in Albuquerque, N.M.;
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The funds in eight bank accounts in the names of companies owned and controlled by Enrique and Lindsey Cavazos and one bank account in the name of a company owned and controlled by a co-conspirator;
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A diamond ring owned by Lindsey Cavazos;
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$319,300.00 in cash; and
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The fixtures and equipment located at Café Bien, a restaurant on Central Avenue, SW, in Albuquerque, N.M., that is owned and operated by Enrique and Lindsey Cavazos.
During yesterday’s enforcement operation, officers executed search warrants at residences in Albuquerque, Carlsbad and Tijeras, two offices in Albuquerque, a restaurant in downtown Albuquerque, two offices in Albuquerque, a car dealership in northeast Albuquerque, and a storage unit in Las Vegas, N.M. They also served seizure warrants on eight bank accounts and a restaurant in Albuquerque, N.M., and served a restraining order on one bank account. Items seized during yesterday’s law enforcement operation included: more than 100 pounds of marijuana; approximately $400,000.00 in cash; at least ten firearms, including one that was reported stolen; 22 vehicles, including 20 seized from a car dealership in Albuquerque; and a motorcycle and a fifth-wheel trailer. In addition to yesterday’s seizures, law enforcement officers seized approximately 150 pounds of marijuana and more than $437,000.00 in cash during the course of the investigation.
The investigation leading to the indictment was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation. The Albuquerque Police Department, HIDTA Pecos Valley Drug Task Force, New Mexico State Police and Fresno County (Calif.) Sheriff’s Office assisted the FBI and IRS with today’s law enforcement operation. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.
Indictment in United States v. Enrique S. Cavazos, et al., 15-CR-4087
Defendants Charged in Indictment
Enrique Cavazos, 29, is a resident of Tijeras, N.M., who owns and operates several businesses including Café Bien, a restaurant in downtown Albuquerque and Love Auto, a car dealership on Lomas Blvd., NE, in Albuquerque. Cavazos was arrested yesterday in Tijeras.
Lindsey Cavazos, 30, is a resident of Tijeras, N.M., who is married to Enrique Cavazos. Together with her husband, she owns and operates several businesses, including Café Bien and Love Auto. Lindsey A. Cavazos was arrested yesterday in Tijeras.
Joaquin Alaniz, 38, is a pharmacist in Carlsbad, N.M. He was arrested yesterday in Carlsbad.
Daniel Nieto, 28, of Carlsbad, N.M., has yet to be arrested and is considered a fugitive.
Antonio Ruelas, 31, of Algodones, N.M., was arrested yesterday in Rio Rancho. N.M.
Felix Cavazos, 47, of Albuquerque, N.M., is the father of Enrique S. Cavazos. He has yet to be arrested and is considered a fugitive.
Eliberto Navia, 34, of Madera, Calif., was arrested this morning in Madera, and will be transferred to New Mexico to face the charges against him.
Robert Moreno, 35, of Ukiah, Calif., has yet to be arrested and is considered a fugitive.
Summary of the Charges
Count 1 of the Indictment charges all eight defendants with conspiracy to distribute marijuana in the District of New Mexico and elsewhere from at least Jan. 2008 through Nov. 2015. For Enrique Cavazos, Lindsey Cavazos, Alaniz and Nieto, the maximum statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life. For Ruelas, Felix Cavazos, Navia and Moreno, the maximum statutory penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years. For eight of the defendants, the maximum statutory penalty for a conviction on this count is not more than 20 years of imprisonment.
Count 2 charges Alaniz with attempting to possess marijuana with intent to distribute in Bernalillo County, N.M., on April 27, 2015. The maximum statutory penalty for a conviction on this count is imprisonment for five years.
Counts 3 through 7 charge Enrique Cavazos with distributing marijuana on five occasions: July 11, 2014, July 24, 2014, Aug. 29, 2014, Nov. 24, 2014 and Jan. 30, 2015. Four distributions allegedly occurred in Bernalillo County, N.M. Ruelas is also charged with the Nov. 24, 2015 distribution which allegedly occurred in Santa Fe County, N.M. The maximum statutory penalty for a conviction on each of these counts is imprisonment for five years.
Count 8 charges Nieto with possessing hashish oil with intent to distribute in Eddy County, N.M., on May 20, 2015. The maximum statutory penalty for a conviction on this count is imprisonment for five years.
Count 9 charges Nieto with using and carrying a firearm in furtherance of a drug trafficking crime in Eddy County, N.M., on May 20, 2015. A conviction on this count is a mandatory minimum of five years of imprisonment which must be served consecutive to any sentence imposed on other charges.
Count 10 charges Enrique Cavazos and Felix Cavazos with maintaining a place, identified as a residence in southeast Albuquerque, N.M., from Jan. 2015 through Nov. 2015 for the purpose of distributing marijuana. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years.
Counts 11 through 13 charge Enrique Cavazos with using communications facilities (telephones) on three occasions in Oct. 2015 to further the commission of drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for not more than four years.
Count 14 charges Enrique Cavazos and Lindsey Cavazos with engaging in a money laundering conspiracy from Nov. 2009 through Nov. 2015. The maximum statutory penalty for a conviction on this count is imprisonment for 20 years.
Counts 15 and 22 charge Lindsey Cavazos with money laundering and Counts 16 through 19, 21 and 24 through 26 charge Enrique Cavazos with money laundering. The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years.
Count 20 charges Enrique Cavazos with structuring bank deposits on Dec. 10, 2010, for the purpose of evading currency reporting requirements and Count 23 charges both Enrique Cavazos and Lindsey Cavazos with committing that same offense on March 25, 2013. The maximum statutory penalty for a conviction on each of these counts is imprisonment for five years.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Photographs of the three fugitives – Daniel Nieto, Felix Cavazos and Robert Moreno – are attached to this press release. Anyone with information on the whereabouts of this/these fugitive(s) is asked to contact the Albuquerque FBI (24 hours) at (505) 889-1300. Tips also can be submitted online at https://tips.fbi.gov.
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l Paso Man Sentenced to Ten Years in Federal Prison for Child Exploitation ConvictionRead the Press Release
ALBUQUERQUE – Juan Hernandez, 46, of El Paso, Texas, was sentenced late yesterday afternoon in federal court in Las Cruces, N.M., for his child exploitation conviction. Hernandez was ordered to serve ten years in federal prison followed by fifteen years of supervised release. Hernandez will be required to register as a sex offender when he completes his prison sentence.
The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI), El Paso, Texas, Doña Ana County Sheriff Enrique Vigil, and Las Cruces Police Chief Jaime Montoya.
Hernandez was arrested on Feb. 28, 2014, by HSI on a criminal complaint alleging that he engaged in the online solicitation of a child under the age of 16 years between Sept. 2012 and June 2013. The criminal complaint also charged Hernandez with traveling from El Paso to Anthony, N.M., in June 2013, with the intention of having illicit sexual contact with a child under the age of 16 years.
According to court filings, Hernandez met the child victim through an Internet social networking website in Sept. 2012, and the two began communicating regularly by text messaging on cellphones in May 2013. Hernandez was arrested on state charges in the early hours of June 22, 2013, after deputies of the Doña Ana County Sheriff’s Office found him with the child victim at a park in Anthony, N.M.
In July 2013, HSI obtained federal search warrants for the cellphones seized from Hernandez and the child victim. Information obtained through the search warrants revealed that Hernandez engaged in sexually explicit communication with the child victim. It also revealed that Hernandez was aware that the child victim was under the age of 16 years and that prior to meeting the child victim, Hernandez told the child victim that he was 17, 18 and 22 years old at various times.
On Aug. 13, 2014, Hernandez pled guilty to a felony information charging him with the online enticement of a minor to engage in illicit sexual activity. In entering his guilty plea, Hernandez admitted intentionally enticing underage females online to engage in illegal sexual activity with him between Sept. 1, 2012 and June 22, 2013, by using a social account which he accessed with his cellphone and computer. Hernandez admitted telling minor females that he was 18-years-old. Hernandez specifically admitted engaging in multiple sexually explicit conversations with a 13-year-old girl.
This case was investigated by the Las Cruces office of HSI, the Doña Ana County Sheriff’s Office and the Las Cruces Police Department. The case was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga 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 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 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.
Prior Felon from Albuquerque Pleads Guilty to Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – Trinidad Gallegos, 46, of Albuquerque, N.M., pleaded guilty today in federal court to firearms charges, announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI), Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III. Under the terms of his plea agreement, Gallegos will be sentenced to eight years in federal prison followed by a term of supervised release to be determined by the court.
Gallegos was arrested in July 2015, on an indictment charging him with assaulting a federal law enforcement officer with a deadly weapon and being a felon in possession of a firearm and ammunition on Aug. 20, 2014, in Bernalillo County, N.M. On that day, Gallegos was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court records reflect that Gallegos has been convicted of possession of a controlled substance, possession and uttering of counterfeit obligations and securities, making false statement, larceny, forgery, conspiracy to commit unlawful taking of a vehicle, possession of methamphetamine with intent to distribute, possession of a firearm or destructive device by a felon and felon in possession of a firearm and ammunition.
During today’s proceedings, Gallegos pled guilty to being a felon in possession of firearms and ammunition. Gallegos admitted that on Aug. 20, 2014, as he attempted to flee from law enforcement officers in a tow truck where he possessed a shotgun and ammunition, he collided into a vehicle driven by a federal law enforcement officer. Gallegos further admitted that after colliding with the officer, he continued driving the tow truck backwards down the street and crashed into another vehicle. Gallegos ran away and broke into homes as he attempted to evade arrest. Gallegos acknowledged that as a convicted felon, he was not allowed to possess firearms or ammunition.
Gallegos remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque offices of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Mexican National Sentenced to 96 Months in Prison for Armed Robbery of a McDonald’s Restaurant in New MexicoRead the Press Release
ALBUQUERQUE – Pablo Salgado-Cervantes, 25, a Mexican national illegally residing in Albuquerque, N.M., was sentenced today in federal court to 96 months and one day in prison for violating the Hobbs Act and federal firearms laws by brandishing a firearm during an armed robbery of a McDonald’s restaurant on Sept. 3, 2014. Salgado-Cervantes will be deported after completing his prison sentence.
Salgado-Cervantes was charged on Sept. 4, 2014, in a criminal complaint with robbing the McDonald’s restaurant located at 5900 Menaul NE in Albuquerque at gunpoint on three separate occasions: July 1, 2014, July 9, 2014 and Sept. 3, 2014. The criminal complaint also charged him with robbing the McDonald’s restaurant located at 8315 Montgomery Blvd. NE in Albuquerque at gunpoint on July 9, 2014.
On Jan. 21, 2015, Salgado-Cervantes was charged in a five-count indictment with four counts of violating the Hobbs Act by robbing a business involved in interstate commerce and one count of brandishing firearms during crimes of violence.
Salgado-Cervantes was arrested on the federal charges on Feb. 9, 2015, after he was transferred into federal custody from state custody where he was facing related state charges. The state charges were subsequently dismissed in favor of federal prosecution.
On Aug. 19, 2015, Salgado-Cervantes pled guilty to Counts 4 and 5 of the indictment. In entering his guilty plea, Salgado-Cervantes admitted that on Sept. 3, 2014, he robbed the McDonald’s restaurant located at 5900 Menaul NE. He also admitted brandishing a firearm to coerce an employee to give him money from the safe. Salgado-Cervantes further admitted hitting the employee with the butt of his firearm before fleeing from the restaurant with the cash he stole.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Presiliano Torrez prosecuted the case.
Las Cruces Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Sylvia A. Jasso, 48, of Las Cruces, N.M., pleaded guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Jasso and her co-defendant Mario L. Vaughns, 46, also of Las Cruces, were arrested in March 2015, and charged in a criminal complaint with conspiracy and possession of methamphetamine with intent to distribute on March 7, 2015, in Doña Ana County, N.M. According to the criminal complaint, on March 7, 2015, New Mexico State Police officers executed a traffic stop on Jasso’s vehicle based on information from the DEA that Jasso was routinely trafficking methamphetamine into Las Cruces. Court documents indicate that law enforcement officers recovered approximately 262 grams of methamphetamine from under the floorboards of Jasso’s vehicle on March 7, 2015.
Jasso and Vaughns were subsequently indicted on June 17, 2015, and charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute on March 7, 2015, in Doña Ana County, N.M.
During today’s change of plea hearing, Jasso pled guilty to a felony information charging her with conspiracy to possess methamphetamine with intent to distribute. Jasso admitted that on March 7, 2015, she and Vaughns traveled to Phoenix, Ariz., to pick up methamphetamine with the intention to travel back to Las Cruces to distribute the methamphetamine when they were stopped by law enforcement.
At sentencing, Jasso faces a maximum statutory 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.
Vaughns pled guilty to the indictment on Oct. 16, 2015, and admitted that on March 7, 2015, he and Jasso traveled to Phoenix to pick up methamphetamine, and were driving back to Las Cruces to distribute the methamphetamine when they were stopped by law enforcement who subsequently found the methamphetamine. At sentencing, Vaughns 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 Las Cruces office of the DEA and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Arizona Man Sentenced to Federal Prison for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE -- Carlos Pua Caudillo, 35, of Phoenix, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Caudillo was arrested in Aug. 2014, on a criminal complaint charging him with possession of methamphetamine with intent to distribute after DEA agents allegedly found approximately 900 grams of methamphetamine concealed in his baggage during an interdiction investigation at the Greyhound Bus Station in Albuquerque, on Aug. 15, 2014. Caudillo was indicted on the same charge on Sept. 9, 2014.
On May 20, 2015, Caudillo pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Caudillo admitted that on Aug. 15, 2014, he transported 900 grams of methamphetamine while traveling through Albuquerque on the Greyhound Bus.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Presiliano Torrez prosecuted the case.
Prior Felon from Artesia Sentenced to Ten Years in Prison for Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – Enrique Hernandez, 44, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison for his conviction on federal firearms and methamphetamine trafficking charges. Hernandez will be on supervised release for five years following his term of incarceration.
Hernandez was arrested on June 5, 2014, by the DEA and the HIDTA Region VI Pecos Valley Drug Task Force (PVDTF) based on a criminal complaint charging him with violating the federal firearms and narcotics laws in Eddy County, N.M. According to the criminal complaint, Hernandez distributed approximately 20.9 grams of methamphetamine to an individual who was working with law enforcement in Artesia on April 16, 2014 and June 4, 2014.
Court filings also reflect that the DEA and PVDTF found approximately 293 grams of methamphetamine, drug paraphernalia, firearms, ammunition and $1,908.00 in cash during the execution of a search warrant on Hernandez’s place of business. At the time Hernandez was prohibited from possessing firearms and ammunition because he previously had been convicted of possession of methamphetamine with intent to distribute.
On Oct. 17, 2014, Hernandez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and being a felon in possession of firearms and ammunition. Hernandez admitted possessing ten ounces of methamphetamine and several firearms and ammunition in Eddy County on June 5, 2014. In entering the guilty plea, Hernandez admitted that he intended to provide the methamphetamine to another individual and that he knew it was illegal for him to possess firearms and ammunition because of his status as a convicted felon.
This case was investigated by the Las Cruces office of the DEA and the HITDA Region VI Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
The HITDA Region VI Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department, Artesia Police Department, New Mexico Probation and Parole, and the 5th Judicial District Attorney’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.
Non-Indian Man from Albuquerque Pleads Guilty to Burglarizing Two Isleta Pueblo HomesRead the Press Release
ALBUQUERQUE – Roman I. Trujillo, 28, a non-Indian man residing in Albuquerque, N.M., pleaded guilty today in federal court to burglarizing two homes in Isleta Pueblo, N.M., under a plea agreement with the U.S. Attorney’s Office.
Trujillo and his co-defendant, Danielle Bercier, 34, a non-Indian woman also residing in Albuquerque, were arrested on Jan. 29, 2015, and charged in a criminal complaint with burglary occurring in Indian Country on the Isleta Pueblo Indian Reservation. According to the complaint, on Jan. 29, 2015, officers of the Isleta Pueblo Tribal Police Department responded to calls regarding burglaries at two residences in the Pueblo. At the second residence that was burglarized, officers came upon Trujillo who was fleeing from the residence in a vehicle in which Bercier was a passenger. Trujillo led the officers on a chase which ended when Trujillo crashed his vehicle.
Trujillo and Bercier were subsequently charged in a four-count indictment filed on Feb. 25, 2015. The indictment charged both Trujillo and Bercier with two counts of burglary of a dwelling. It also charged Trujillo alone with driving a vehicle in such a manner that endangered the life of another person and receiving stolen property, a 2006 Toyota Tacoma truck, on Jan. 28, 2014, in Indian Country in Valencia County, N.M.
During today’s proceedings, Trujillo pled guilty to the two burglary counts and admitted that on Jan. 29, 2015, he forced his way into two homes in Isleta Pueblo while Bercier stayed outside as a lookout. Trujillo admitted that in the first home he stole property worth $1,500.00, and at the second home he stole two cellphones. Trujillo acknowledged that he knew or should have known that the truck he was driving as he attempted to evade arrest was a stolen vehicle.
At sentencing, Trujillo faces a statutory maximum penalty of three years in prison on each of the two burglary counts. Trujillo has been in federal custody since his arrest and remains detained pending his sentencing hearing which has yet to be scheduled.
Bercier has entered a not guilty plea and is in custody pending trial which is currently scheduled for Jan. 25, 2016. Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department. Assistant U.S. Attorney Kyle T. Nayback is prosecuting the case.
Federal Grand Jury Returns Indictment Charging Davon Lymon with Violating Firearms LawsRead the Press Release
ALBUQUERQUE – Yesterday afternoon a federal grand jury filed a four-count indictment charging Albuquerque resident Davon Lymon, 34, with violating the federal firearms laws, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of ATF and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Counts 1 and 2 of the indictment charge Lymon with unlawfully possessing a firearm on May 27, 2015, and Count 4 charges him with unlawfully possessing a firearm and ammunition on Oct. 21, 2015. Lymon was then prohibited from possessing firearms or ammunition because he previously has been convicted of felony offenses in two state court cases. Lymon’s crimes of conviction include voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud and forgery. Count 3 charges Lymon with unlawfully possessing a stolen firearm in late May 2015. The indictment alleges that Lymon committed the four crimes in Bernalillo County, N.M.
According to court filings, the crime charged in Count 4 of the indictment arises out of a traffic stop by an APD officer in southeast Albuquerque on the evening of Oct. 21, 2015, during which Lymon allegedly fired six rounds at the APD officer as the officer attempted to handcuff Lymon. Several rounds struck the APD officer, including one that struck the officer in the face near the chin; the officer died on Oct. 29, 2015, as a result of injuries sustained on Oct. 21, 2015.
Lymon was arrested on Oct. 26, 2015, on a federal complaint charging him with being a felon in possession of a firearm. He remains in federal custody pending his trial date, which has yet to be scheduled. A hearing for Lymon’s arraignment on the indictment has yet to be scheduled.
If convicted, Lymon faces a statutory maximum penalty of ten years in federal prison on each of the four counts in the indictment. Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of ATF and APD, with assistance from the Albuquerque office of the FBI, the U.S. Marshals Service, the New Mexico State Police, the Bernalillo County Sheriff’s Office, the Rio Rancho Police Department and the New Mexico Transportation Police Division.
Assistant U.S. Attorney Jacob A. Wishard is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
lymon_indictment.pdf (99.09 KB)
Former Office Manager of Hobbs Business Sentenced to Prison on Federal Tax ChargesRead the Press Release
ALBUQUERQUE – Connie C. Sims, 44, of Eunice, N.M., was sentenced today in federal court in Las Cruces, N.M., to a year and a day in prison followed by one year of supervised release for violating the federal tax laws, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Ismael Nevarez Jr. of the Phoenix Field Office of IRS Criminal Investigation. Sims also was ordered to pay $169,951.00 in restitution to the IRS in addition to a $100,000.00 fine.
Sims was charged with four counts of federal tax evasion in an indictment filed in Sept. 2014. The indictment charged Sims with evading her federal tax obligations during tax years 2009, 2010, 2011 and 2012 by failing to report her true income. At the time the offenses were committed, Sims was employed as the office manager of a surveillance equipment company located in Hobbs, N.M.
On March 18, 2015, Sims pled guilty to all four counts of the indictment and admitted that she knowingly evaded approximately $120,366.00 in federal taxes by failing to report an aggregate of $482,890.00 in income during tax years 2009, 2010, 2011 and 2012. In her plea agreement, Sims admitted that from 2010 through 2013, she wrote checks to herself on the company’s bank accounts and did not report the money as compensation when she filed her federal tax returns. Sims acknowledged deriving an aggregate amount of $482,890.00 by writing checks to herself, which resulted in a loss of $120,366.00 to the IRS when she failed to report the income in her federal tax returns.
This case was investigated by the Las Cruces office of IRS Criminal Investigation and was prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Pleads Guilty to Theft Charge Arising Out of Robbery of Retail Pharmacy in August 2014Read the Press Release
ALBUQUERQUE – Roy Christopher, 28, of Albuquerque, N.M., pleaded guilty today in federal court to a theft of medical products charge arising out of the robbery of an Albuquerque-area retail pharmacy in Aug. 2014.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Chief Gorden Eden, Jr., of the Albuquerque Police Department, and Chief Pete N. Kassetas of the New Mexico State Police.
Christopher was one of six defendants charged in four indictments that were announced by federal and local officials on April 29, 2015. The indictments alleged that the six defendants robbed retail pharmacies in Albuquerque to illegally obtain Oxycodone and other highly addictive opioid painkillers. The four indictments charged Christopher and five other Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies, including violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.
Christopher was indicted on April 28, 2015, and charged with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) violating the Safe Doses Act by theft of medical products; and (3) possession of Oxycodone with intent to distribute. The charges against Christopher arise out of the robbery of a CVS Pharmacy on Aug. 3, 2014.
During today’s proceedings, Christopher pled guilty to Count 2 of the indictment charging him with violating the Safe Doses Act by robbery involving controlled substances. In entering the guilty plea, Christopher admitted that on Aug. 3, 2014, he entered the CVS pharmacy and handed the attending pharmacy employee a note demanding Oxycodone and that the pharmacy employee complied with his demand. Christopher was apprehended shortly after the robbery. Christopher admitted that he stole more than 200 Oxycodone pills of various dosages during the robbery.
At sentencing, Christopher faces statutory maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
With respect to the other five defendants charged in these pharmacy robbery cases, four have entered guilty pleas and remain detained pending sentencing hearings:
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On July 1, 2015, Victor Hurtado, 20, pled guilty to felony charges arising out of the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Under the terms of his plea agreement, Hurtado will be sentenced to a prison term within the range of ten to 18 years.
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On Sept. 17, 2015, Valentin Garcia, 23, pled guilty to felony charges arising out of the Jan. 30, 2015, armed robbery of the CVS Pharmacy located at 4201 Montano in Albuquerque.Under the terms of his plea agreement, Garcia will be sentenced to ten years in prison.
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On Sept. 4, 2015, Blake Gallardo, 22, pled guilty to felony charges arising out of the June 6, 2015, robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque.Under the terms of his plea agreement, Gallardo will be sentenced to a prison term within the range of 15 to 20 years.
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On Sept. 24, 2015, Josephine Duran, 23, pled guilty to felony charges arising out of the June 6, 2015, robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque.Under the terms of her plea agreement, Duran will be sentenced to a prison term within the range of 48 to 100 months.
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Joseph Montano, 23, has entered a not guilty plea to an indictment arising out of the armed robbery of a Smith’s Pharmacy on Jan. 6, 2015.He remains in custody pending trial which is currently scheduled for Nov. 30, 2015.Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The cases are being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
These cases are being prosecuted pursuant to a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
The cases also are being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA. It created penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon. The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.
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Torrance County Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Fredric Dodd, 40, of McIntosh, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to being a felon in possession of firearms and ammunition.
Dodd was arrested on Sept. 1, 2015, on an indictment charging him with being a felon in possession of firearms and ammunition. According to the indictment, Dodd committed the offense in Eddy County, N.M., on May 20, 2015. At the time, Dodd was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including aggravated fleeing a law enforcement officer, receiving or transferring a stolen motor vehicle, larceny, unlawful taking of a motor vehicle and burglary.
During today’s change of plea hearing, Dodd pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Dodd faces a statutory maximum penalty of ten years in federal prison. Dodd remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Roswell office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
El Salvadoran Men Arrested in New Mexico on Federal Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jose Remberto Guzman-Dominguez, 33, and Miguel Angel Rodriguez-Flores, 47, both of El Salvador, made their initial appearances today in federal court in Las Cruces, N.M., on a criminal complaint charging them with possession of cocaine with intent to distribute. Both men remain in federal custody pending a preliminary hearing and a detention hearing which have not yet been scheduled.
Guzman-Dominguez and Rodriguez-Flores were arrested on Nov. 14, 2015, on a criminal complaint after officers of the New Mexico Motor Transportation Police allegedly found approximately 124 pounds (56.36 kilograms) of cocaine in their tractor trailer during a routine inspection at the port of entry on Interstate 10 near Lordsburg, N.M.
If convicted of the charge in the criminal complaint, Guzman-Dominguez and Rodriguez-Flores each face a maximum statutory penalty of not less than ten years or more than life 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 Border Enforcement Security Taskforce of Homeland Security Investigations, the New Mexico Motor Transportation Police and the New Mexico State Police. Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
El Paso Man Arraigned in New Mexico on Federal Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – An El Paso, Texas, man was arraigned this morning in federal court in Las Cruces, N.M., on a 45-count indictment charging a total of 20 defendants with drug trafficking, money laundering and immigration offenses. During this morning’s proceedings, Pablo Alberto Arana-Delgado, 34, a naturalized citizen of the United States, entered a not guilty plea to the indictment and was ordered detained pending trial.
The indictment, which was filed on Oct. 14, 2015, alleges that Arana-Delgado and his 19 co-defendants were members of a major drug trafficking organization that imported large amounts of cocaine, marijuana and heroin from Mexico into the United States. It alleges that members of the conspiracy distributed the cocaine, marijuana and heroin in Albuquerque and other places in the United States, and smuggled drug proceeds from the United States to Mexico. According to the indictment, the conspiracy operated in Doña Ana, Luna and Bernalillo Counties from Oct. 2014 through Oct. 2015. The indictment also includes forfeiture provisions seeking a money judgment of $1,100,000, which represents the amount of money allegedly derived from the offenses charged in the indictment.
The indictment is the result of an investigation by the DEA, FBI and U.S. Border Patrol that was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. The OCDETF program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. During the course of the investigation, law enforcement officers seized and purchased 6.2 kilograms of cocaine, 2.9 kilograms of methamphetamine, 1039.9 kilograms of marijuana and 351 grams of heroin. They also seized $267,030.00 in alleged drug proceeds and other assets valued at approximately $153,000.00.
To date, nine of the 20 defendants are in federal custody. The remaining 11 defendants are fugitives and presumed to be in Mexico.
The case was investigated by the Las Cruces offices of the DEA and FBI, and the U.S. Border Patrol. Assistant U.S. Attorneys Selesia L. Winston and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Indictment in United States v. Estopellan-Torres, et al., 15-CR-33648-RB
Summary of the Charges
Count 1 of the Indictment charges all 20 defendants with conspiracy to distribute cocaine, marijuana and heroin in Doña Ana, Luna and Bernalillo Counties, N.M., and elsewhere between Oct. 2014 and Oct. 2015. For five of the defendants, the maximum statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life. For seven defendants, the maximum statutory penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years. For eight of the defendants, the maximum statutory penalty for a conviction on this count is not more than 20 years of imprisonment.
Count 2 charges 14 of the defendants with conspiracy to launder money. The statutory penalty for a conviction on this count is imprisonment for 20 years.
Count 3 charges one defendant with distributing cocaine in Doña Ana County, N.M., on Oct. 9, 2014. The maximum statutory penalty for a conviction on this count is imprisonment for not less than five years and not more than 40 years.
Counts 4, 15, 22, 26-28, 33, 35 and 40-41 charge certain defendants with possession of marijuana with intent to distribute between Jan. 16, 2015 and Aug. 2015, in Luna and Bernalillo Counties, N.M. The maximum statutory penalty for a conviction on each of these counts is imprisonment for not more than five years.
Count 5 charges two defendants with possession of more than 500 grams of cocaine with intent to distribute on Jan. 16, 2015, in Luna County, N.M. The maximum statutory penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years.
Counts 6-7, 25, 29, 31, 37, 39 and 43 charge certain defendants with using communications devices (telephone) to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for not more than four years.
Counts 8, 11-12, 14, 17-20, 23, 30, 34 and 38 charge certain defendants with international money laundering. The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years.
Count 9 charges three defendants with possession of more than five kilograms of cocaine with intent to distribute in Bernalillo County, N.M., on Jan. 2, 2015. The maximum statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life.
Counts 10, 16 and 24 charge certain defendants with distribution of marijuana in Bernalillo County, N.M., on Feb. 2, 2015, March 27, 2015, and June 24, 2015. The maximum statutory penalty for a conviction on each of these counts is imprisonment for not more than five years.
Counts 13, 21, 32 and 36 charge certain defendants with possession of more than 50 kilograms of marijuana with intent distribute in Luna, Bernalillo and Doña Ana Counties, N.M., on Feb. 24, 2015, May 20, 2015, July 17, 2015, and Aug. 12, 2015. The maximum statutory penalty for a conviction on each of these counts is imprisonment for 20 years.
Count 42 charges two defendants with possession of more than 100 grams of heroin with intent to distribute in Bernalillo County, N.M., on Aug. 18, 2015. The maximum statutory penalty for a conviction on each of these counts is imprisonment for not less than five years or more than 40 years.
Counts 44 and 45 each charge a defendant with illegal reenter into the United States after having been deported. The maximum statutory penalty for a conviction on each of these counts is imprisonment for ten years.
Charges against Defendants
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Edgar Estoppellan-Torres, a Mexican national, is charged in Counts 1, 2, 21, 22, 23, 27, 28, 30 and 32.Estoppellan-Torres has yet to be arrested and is considered a fugitive.
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Ignacio Villalobos-Salinas, 29, a Mexican national, is charged in Counts 1 through 12 and 16 through 20. Villalobos-Salinas has yet to be arrested and is considered a fugitive.
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Angel Daniel Silva-Silva, 30, a Mexican national, is charged in Counts 1, 10, 15, and 31.Silva-Silva has yet to be arrested and is considered a fugitive.
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Rene Amaya-Rivas, 26, a Mexican national who was residing in Odessa, Texas, is charged in Counts 1, 2, 5, 8, 14 and 15.Amaya-Rivas was arrested in Oct. 2015, in Amarillo, Texas.
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Rigoberto Estoppellan-Torres, 34, a Mexican national, is charged in Counts 1 and 4.Estoppellan-Torres has yet to be arrested and is considered a fugitive.
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Jesus Muñoz-Lechuga, 35, a Mexican national, is charged in Counts 1, 2, 6, 7, 9, 11, 12, 16 through 23, 25, 27 through 32, 34 and 44.Muñoz-Lechuga has yet to be arrested and is considered a fugitive.
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Emilio Delgado-Olivas, 42, a Mexican national, is charged in Counts 1, 2, 22, 24, 25, 26, 33, 34, 37, 39, 40, 41, 42, 43 and 45. Delgado-Olivas has yet to be arrested and is considered a fugitive.
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Pablo Alberto Arana-Delgado, 34, a Mexican national who was residing in El Paso, Texas, is charged in Counts 1, 9, 21, 27, 32 and 36.Arana- Delgado was arrested on Oct. 23, 2015, and has been in federal custody since that time.
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Elier Gabriel Jaime-Castillo, 34, a Mexican national illegally present in the United States, is charged in Counts 1, 2, 20, 21, 30 and 39 through 43.Jaime-Castillo was arrested on Sept. 1, 2015, on a criminal complaint and has been in federal custody since that time.
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Amado Acevedo-Gonzalez, 35, a Mexican national illegally in the United States, is charged in Counts 1, 28 and 29. Acevedo-Gonzalez was arrested on Oct. 15, 2015, and has been in federal custody since that time.
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Mauricio Ledezma, 22, of Albuquerque, N.M., is charged in Counts 1, 2 and 8.Ledezma was arrested on Oct. 15, 2015, and has been in federal custody since that time.
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Cerbando Carbajal, 19, of Columbus, N.M., is charged in Counts 1, 2 and 14.Carbajal was arrested on Oct. 23, 2015, and has been in federal custody since that time.
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Emilia Quezada, 30, a U.S. citizen who was residing in Chihuahua, Mexico, is charged in Counts1, 2, 12, 17 through 20 and 23.Quezada was arrested on Oct. 23, 2015, and has been in federal custody since that time.
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George A. Taylor, 54, of Deming, N.M., is charged in Counts 1, 2 and 33 through 35.Taylor was arrested on was arrested on Oct. 20, 2015, and has been in federal custody since that time.
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Grisel H. Majalca, 31, of Columbus, N.M. is charged in Counts 1, 2, 37 and 38.Majalca was arrested on was arrested on Oct. 25, 2015, and is on conditions of release and under pretrial supervision.
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Jesus Gilberto Varela-Sanchez, 27, a Mexican national, is charged in Counts 1 and 15.Varela-Sanchez has yet to be arrested and is considered a fugitive.
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Leonardo Martinez-Olivas, 48, a Mexican national, is charged in Counts 1, 2 and 11. Martinez-Olivas has yet to be arrested and is considered a fugitive.
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Carlos Adrian Ortega-Acevedes, 24, a Mexican national, is charged in Counts 1, 2 and 11.Ortega-Acevedes has yet to be arrested and is considered a fugitive.
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Neftali Garcia-Torres, 19 a Mexican national, is charged in Counts 1 and 13.Garcia-Torres has yet to be arrested and is considered a fugitive.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
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