District of New Mexico
Press releases recorded for this federal judicial district.
Arizona Woman Pleads Guilty to Federal Heroin Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Annais Moreno, 34, of Phoenix, Ariz., pleaded guilty today to heroin trafficking charges in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.
Moreno and co-defendant Fabiola Soriano-Tlapanco, 26, also of Phoenix, were arrested in May 2015, on a criminal complaint charging them with conspiracy and possession of heroin with intent to distribute after DEA agents allegedly found almost four kilograms of heroin concealed in their baggage during an interdiction investigation at the Greyhound Bus Station in Albuquerque, on May 16, 2015. The duo were indicted on the same charges on June 9, 2015.
During today’s proceedings, Moreno pled guilty to a felony information charging her with possession of heroin with intent to distribute. Moreno admitted that on May 16, 2015, she and Soriano-Tlapanco transported 3.95 kilograms of heroin while traveling through Albuquerque on the Greyhound Bus. Moreno further admitted that she was transporting the heroin from Glendale, Ariz. to Denver, Colo.
At sentencing, Moreno faces a statutory maximum of 20 years in federal prison. Moreno remains in custody pending a sentencing hearing which has yet to be scheduled.
Soriano-Tlapanco entered a not guilty plea to the indictment and is currently scheduled for trial in Dec. 2015. Charges in criminal complaints and indictments 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 Kimberly A. Brawley 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.
Davon Lymon, Alleged Shooter of APD Officer, Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – This morning the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) filed a criminal complaint charging Albuquerque resident Davon Lymon, 34, with a violation of the federal firearms laws. The federal charge against Lymon was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of ATF, Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, U.S. Marshal Conrad E. Candelaria, New Mexico State Police Chief Pete N. Kassetas, Bernalillo County Sheriff Manuel Gonzales, III, Chief Michael Geier of the Rio Rancho Police Department, and Chief Jimmy Glascock of the New Mexico Transportation Police Division.
The federal charge against Lymon, 34, a resident of Albuquerque, N.M., arises out of a traffic stop by an APD officer on the evening of Oct. 21, 2015, in southeast Albuquerque, 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 APD officer was transported to a local hospital for treatment where he remains in critical condition.
According to the criminal complaint, on Oct. 21, 2015, the APD officer executed a traffic stop on a motorcycle being operated by Lymon which allegedly bore a stolen license plate. As the APD officer approached Lymon and the motorcycle, he spoke to Lymon who allegedly failed to comply with the officer’s orders. The complaint alleges that, when the APD officer attempted to detain and handcuff Lymon, Lymon drew a firearm and shot the officer. Lymon then fled from the scene; he was arrested last night when law enforcement officers and canines found him hiding in a shed with a handcuff still attached to one of his wrists. Lymon was transported to a local hospital where he is being treated for injuries sustained as a result of the canine apprehension. He will be taken into federal custody upon discharge from the hospital.
During last night’s investigation, law enforcement officers recovered six cartridges in the area in which the APD officer was shot. They also recovered a semiautomatic pistol from a vacant lot in the area Lymon allegedly fled towards as he left the scene of the shooting.
Lymon was prohibited from possessing either firearms or ammunition on Oct. 21, 2015, 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.
If convicted of the crime charged in the criminal complaint, Lymon faces a statutory maximum penalty of ten years 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 Albuquerque office of ATF, APD, 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.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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_complaint.pdf (199.69 KB)
Las Cruces Man Sentenced to Federal Prison for Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Anthony Calderon, 41, of Las Cruces, N.M., was sentenced this morning in federal court in Las Cruces to 24 months in prison followed by three years of supervised release for his heroin and methamphetamine trafficking convictions.
Calderon was arrested on Aug. 8, 2014, in Las Cruces on an indictment charging him with two counts of distributing heroin and one count of distributing methamphetamine in Doña Ana County, N.M. The indictment also charged Calderon’s co-defendant Orlando Roman, 35, also of Las Cruces, with one count of heroin distribution. Roman was arrested on Oct. 9, 2014.
On March 5, 2015, Calderon pled guilty to all three counts of the indictment and admitted that on April 15 and April 16, 2014, he distributed approximately 75.3 grams of heroin to a person working under the supervision of law enforcement. Calderon also admitted that on May 27, 2014, he distributed approximately 101.1 grams of methamphetamine to a person working under the supervision of law enforcement.
Co-defendant Roman pled guilty on March 6, 2015, to one count of distribution of heroin. Roman was sentenced on July 22, 2015, to eight months in federal prison followed by three years of supervised release.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
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.
Former Albuquerque Resident Pleads Guilty to Federal Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Mario Gomez, 29, a former resident of Albuquerque, N.M., who now resides in Denver, Colo., entered a guilty plea today in federal court to cocaine trafficking charges. The guilty plea was entered pursuant to a plea agreement with the U.S. Attorney’s Office.
Gomez was arrested in Jan. 2015, and charged along with co-defendants Erasmo Alamilla, 32, also of Albuquerque, and Janelle Montes, 34, of Rio Rancho, N.M., in a nine-count indictment alleging cocaine trafficking offenses committed in Bernalillo County, N.M. The indictment charged the defendants as follows: (1) Gomez, Alamilla and Montes with conspiracy to distribute cocaine from June 11, 2014 through Oct. 6, 2014; (2) Gomez and Alamilla with distribution of cocaine on June 11, 2014; (3) Gomez and Alamilla with distribution of cocaine on July 7, 2014; (4) Montes and Alamilla with distribution of cocaine on Aug. 7, 2014; (5) Montes and Alamilla with distribution of cocaine on Sept. 12, 2014; (6) Alamilla with possession of cocaine within a vehicle he was operating with intent to distribute on Oct. 6, 2014; (7) Alamilla with possession of cocaine within a residence with intent to distribute on Oct. 6, 2014; (8) Alamilla and Gomez with the use of a communication facility, a telephone, in the commission of a drug trafficking crime on Aug. 25, 2014; and (9) Alamilla and Montes with the use of a communication facility, a telephone, in the commission of a drug trafficking crime on Sept. 12, 2014. The indictment also called for the forfeiture of $26,034.00 by Gomez, Alamilla and Montes as the proceeds of their drug trafficking activities.
During today’s plea hearing, Gomez pled guilty to Counts 1, 2, 3 and 8 of the indictment. Gomez admitted that on June 11, 2014, he sold 282 grams of cocaine that he obtained from Alamilla to another individual, on July 6, 2014, he sold 283.6 grams of cocaine that he obtained from Alamilla to another individual and on Aug. 25, 2014, he communicated by telephone with Alamilla to discuss Alamilla supplying Gomez with additional cocaine to sell to others. Gomez further admitted that he withdrew from the cocaine trafficking conspiracy on Aug. 31, 2014.
Alamilla pled guilty on May 13, 2015, to Counts 1 through 5, 8 and 9 of the indictment, and admitted supplying Gomez and Montes with amounts of cocaine to sell to others from June 11, 2014 through Oct. 6, 2014. Montes pled guilty on Sept. 21, 2015, to Counts 1, 4, 5 and 9 of the indictment, and admitted to selling amounts of cocaine to others that she had obtained from Alamilla. Montes further admitted communicating on a telephone with Alamilla regarding the supply of cocaine to Montes.
At sentencing, Gomez and Montes each face a statutory maximum penalty of 20 years in prison followed by not less than three years of supervised release. Under the terms of his plea agreement, Alamilla will be sentenced to 46 months in federal prison followed by a term of supervised release to be determined by the court. All three co-defendants will be ordered to forfeit $21,100.00 jointly to the court as the proceeds of their drug trafficking activities. Sentencing hearings have yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley.
California Man Pleads Guilty to Federal Methamphetamine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Oscar Toro, 43, of Fremont, Calif., pled guilty yesterday in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Toro will be sentenced to 57 months in prison followed by a term of supervised release to be determined by the court.
Toro was charged in March 2014, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute on March 4, 2014, in Bernalillo County, N.M. According to the complaint, Toro was arrested after law enforcement seized approximately 3.4 kilograms of methamphetamine from a hidden compartment underneath Toro’s vehicle.
Toro was subsequently indicted on March 26, 2014, and charged with possession of methamphetamine with intent to distribute.
During yesterday’s proceedings, Toro pled guilty to the indictment and admitted that on March 4, 2014, law enforcement officers found 3,415 grams of methamphetamine in a hidden compartment in his vehicle. Toro further admitted that he was given $1,000.00 to drive the methamphetamine from Calif. to Ky., and would later receive another $5,000.00.
Toro is in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Rumaldo Armijo is prosecuting the case.
Rio Rancho Man Charged with Robbing Bank in AlbuquerqueRead the Press Release
ALBUQUERQUE – Joshua Abeyta, 22, of Rio Rancho, N.M., made his initial appearance in federal court in Albuquerque, N.M., this morning on a criminal complaint charging him with bank robbery. Abeyta remains in custody pending a preliminary hearing and a detention hearing both of which are scheduled for tomorrow morning.
Abeyta was arrested yesterday on a criminal complaint charging him with robbing the Santa Fe Federal Credit Bank located at 7101 Jefferson St. NE in Albuquerque, earlier in the day. The complaint alleges that Abeyta robbed the bank by handing a handwritten note with a robbery demand to a bank teller. The teller complied with Abeyta’s written and verbal robbery demands and handed money over to Abeyta. Abeyta left the scene on foot and was pursued by customers of the bank before being arrested by an Albuquerque Police Department officer.
If convicted of the crime charged in the criminal complaint, Abeyta faces a maximum penalty of 20 years 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 Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
California Man Pleads Guilty to Federal Methamphetamine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Kevin Hawkins, 50, of San Bernardino, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Hawkins will be sentenced to 60 months in prison followed by a term of supervised release to be determined by the court.
Hawkins was arrested on Sept. 23, 2015, at the Amtrak Train Station in Albuquerque after DEA agents found approximately 300 grams of methamphetamine inside Hawkins’ shoes.
During today’s hearing, Hawkins pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Hawkins admitted transporting 300 grams of methamphetamine on Sept. 23, 2015, while traveling through Albuquerque on the Amtrak Train. Hawkins further admitted that he intended to transfer the methamphetamine to another person at his destination.
Hawkins remains in custody pending a sentencing hearing which has yet to be scheduled.
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 Jacob Wishard is prosecuting the case.
Thomas Martinez Arraigned on Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD) announced that Thomas Martinez, 26, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with violating the federal carjacking and firearms laws.
During today’s proceeding, Martinez entered a not guilty plea to a four-count indictment that was filed on Aug. 11, 2015, and charged him with two counts of carjacking and two counts of brandishing and discharging a firearm during a carjacking. According to court filings, Martinez committed all four crimes on July 22, 2015, in Bernalillo County, N.M., as he allegedly attempted to evade APD officers who were seeking to arrest him on a warrant arising out of an unrelated state court case.
According a criminal complaint filed on July 23, 2015, Martinez allegedly committed the first carjacking as he attempted to flee from officers conducting surveillance in the vicinity of a hotel in northeast Albuquerque. Martinez allegedly ran to a Chevrolet sedan occupied by a driver and three children as the driver was entering a ramp onto Interstate 40. Martinez allegedly brandished a firearm at the driver, pushed the driver into the passenger seat of the Chevrolet, and used the Chevrolet to continue his flight from the officers. The children were able to get out of the vehicle before Martinez drove away with the driver. An APD officer who was attempting to prevent the carjacking allegedly was dragged by the Chevrolet as Martinez drove away. As Martinez continued his flight, the driver of the Chevrolet began to fight with Martinez in an effort to get him to stop the vehicle. Martinez allegedly responded by discharging a firearm in an attempt to shoot the driver. When Martinez slowed down, the driver was able to jump out of the Chevrolet.
The complaint further alleges that Martinez continued his flight in the Chevrolet and abandoned the vehicle in a neighborhood in southeast Albuquerque. There Martinez allegedly forced his way into a Cadillac sedan occupied by an older man seated in the front passenger seat of the vehicle. As Martinez began to drive away, another man confronted Martinez, got into the Cadillac, and began fighting with Martinez. During the fight, Martinez allegedly attempted to discharge his gun at the man. Shortly thereafter, the man was able to disarm Martinez, and Martinez was arrested by APD officers on state charges.
Martinez remained in state custody on related state charges until he was transferred to federal custody to face the charges in the federal indictment.
If convicted, Martinez faces a statutory maximum penalty of 15 years in federal prison on each of the carjacking charges. If convicted on the first charge of brandishing and discharging a firearm, Martinez faces a statutory mandatory minimum of ten years in prison. If convicted on the second brandishing and discharging count, he faces a mandatory minimum of 25 years in federal prison. The sentences imposed on the firearms charges, 35 years, must be served consecutive to any sentence imposed on the carjacking charges. Charges in indictments are merely accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and APD 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.
Albuquerque Man Pleads Guilty to Violating the Hobbs Act in Case Arising Out of Armed Robbery of Albuquerque Businesses Involved in Interstate CommerceRead the Press Release
ALBUQUERQUE – Reyes Lujan, 27, of Albuquerque, N.M., pleaded guilty today in federal court to violating the Hobbs Act, by participating in the armed robbery of a Walmart Store in Albuquerque on Oct. 29, 2014. Under the terms of his plea agreement, Reyes Lujan will be sentenced to 71 months in prison followed by a term of supervised release to be determined by the court.
Reyes Lujan was arrested on Feb. 9, 2015, on an indictment charging him and five co-defendants with violating the Hobbs Act by robbing a business engaged in interstate commerce and firearms charges. Count 1 of the indictment charged Reyes Lujan and five other Albuquerque residents, Raymond Castillo, 26, Daniel Maestas, 35, Johnny Ramirez, 30, Frank Gallegos, 30, and Henry Lujan, 22, with conspiracy to violate the Hobbs Act. Count 2 charged the six men with interfering with interstate commerce by robbing a Wal-Mart Store in Bernalillo County, N.M., on Oct. 29, 2014. Count 3 charged Castillo with brandishing a firearm during the robbery of the Wal-Mart store, and Count 4 charges Maestas with using and carrying a firearm during that robbery. Count 5 charged Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.
The indictment was subsequently superseded in May 2015, by adding a new defendant, Reynaldo Marquez, 25, of Albuquerque, and two new counts. The new Count 6 charged Castillo and Marquez with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County on Dec. 7, 2014. The new Count 7 charges Marquez with discharging a firearm during that robbery.
During today’s change of plea hearing, Reyes Lujan entered a guilty plea to Count 2 of the superseding indictment charging a violation of the Hobbs Act. According to the plea agreement, Reyes Lujan and his co-defendants planned the Oct. 29, 2014, robbery of the Walmart Store located at 400 Eubank NE in Albuquerque. Reyes Lujan, who was not armed, was dropped off outside of the store to act as a “lookout” in the parking lot while two of his co-defendants went inside the Walmart Store and stole a rolling safe.
Reyes Lujan’s six co-defendants have entered pleas of not guilty to the superseding indictment. Charges in indictments are merely accusations, and all criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The United States has agreed to separate trials for Counts 1 through 5 of the superseding indictment and Counts 6 and 7.
If convicted on Counts 1 and 2, the conspiracy charge and the first Hobbs Act charge, the defendants each face a statutory maximum penalty of 20 years in prison. A conviction on Counts 4 and 5, using and carrying a firearm during a crime of violence or aiding and abetting the use of a firearm, each carries a mandatory five-year prison sentence which must be served consecutive to any sentence imposed on the conspiracy and Hobbs Act charges. If Castillo is found to be a career offender and convicted after trial on Count 3 of the superseding indictment, he faces an enhanced sentence of prison term of 360 months to life imprisonment.
Castillo and Marquez each face a statutory maximum penalty of 20 years if convicted on Count 6 of the superseding indictment. If convicted of discharging a firearm as charged in Count 7, Marquez faces a mandatory minimum of ten years in prison which must be served consecutive to any sentence imposed on him for a conviction on Count 6.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average.
Las Vegas, N.M., Man Pleads Guilty to Falsely Impersonating a Federal OfficerRead the Press Release
ALBUQUERQUE – Leon Herrera, 37, of Las Vegas, N.M., pleaded guilty yesterday in federal court in Albuquerque, N.M., to falsely impersonating a federal officer.
Herrera entered his guilty plea to a felony information charging him with impersonating a Special Agent of the DEA on Dec. 15, 2014, in Colfax County, N.M. In his plea agreement, Herrera admitted that he committed the crime at the behest of a friend who was then employed as a deputy sheriff in Colfax County (friend).
According to Herrera’s plea agreement, on Dec. 15, 2014, Herrera received a call from his friend while the friend was conducting a traffic stop on motorists he believed to be drug traffickers. The friend reported to Herrera that he found approximately $8,000.00 cash in the motorists’ vehicle. The friend then asked Herrera to speak with one of the motorists and tell him that he was a DEA Special Agent and intended to seize the currency as proceeds of criminal activity. Herrera acquiesced in his friend’s request and had a conversation with one of the motorists during which he falsely identified himself as a representative of the DEA and would be seizing the money for law enforcement purposes. The plea agreement states that the friend told him that he intended to keep the currency for his personal use, and offered to give $1,000.00 to Herrera for assisting him.
In his plea agreement, Herrera acknowledges that he later learned that the motorists were undercover law enforcement officers and that the currency seized from their vehicle, $7,500.00, belonged to the FBI.
At sentencing, Herrera faces a statutory maximum penalty of three years in prison followed by up to one year of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Santa Fe and Albuquerque offices of the FBI and the New Mexico State Police. Assistant U.S. Attorney Sean J. Sullivan is prosecuting the case.
Federal Jury Finds Mexican National Guilty of Marijuana Trafficking and Firearms Charges in New MexicoRead the Press Release
ALBUQUERQUE – Earlier today a federal jury sitting in Las Cruces, N.M., found Juan Antonio Alvarez-Ramirez, 36, a resident alien from Mexico residing in Artesia, N.M., guilty on marijuana trafficking and firearms charges after a three-day trial. The guilty verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Task Force Commander James McCormick of the Pecos Valley Drug Task Force (PVDTF) and Chief Donald Raley of the Artesia Police Department.
Alvarez-Ramirez and his co-defendant, Ronnie Joe Lopez, 31, of Odessa, Texas, were arrested in Jan. 2014, on an indictment charging them with participating in a marijuana trafficking conspiracy, possession of marijuana with intent to distribute, and carrying and using a firearm in relation to a drug trafficking crime. Lopez was also charged with receipt of a firearm by a person under indictment. All offenses charged in the indictment took place on Sept. 28, 2013, in Eddy County, N.M.
Lopez pled guilty to the indictment on April 4, 2014, and admitted that on Sept. 28, 2013, he and Alvarez-Ramirez were stopped by law enforcement officers in Artesia and found to be in possession of ten pounds of marijuana which Lopez and Alvarez-Ramirez intended to distribute to others. Lopez further admitted that he was in possession of a gun shortly before being stopped by the officers; at the time Lopez was under indictment in Texas. Lopez was sentenced on Oct. 29, 2014, to 68 months in prison followed by three years of supervised release.
Alvarez-Ramirez elected to proceed to trial on the three counts in the indictment in which he was charged. The trial began on Oct. 14, 2015, and concluded this afternoon when the jury returned a verdict finding him guilty on three counts of the indictment.
The evidence at trial established that on Sept. 28, 2013, acting on a tip from the Artesia Police Department, a PVDTF agent executed a traffic stop on Lopez based on information that there was an outstanding warrant for his arrest. At the time of the vehicle stop, Lopez, Alvarez-Ramirez and two other men were in the vehicle. After observing a shotgun in the backseat of the vehicle the agents obtained a search warrant. During the search of the vehicle, agents found a 9 mm pistol and ten pounds of marijuana in addition to the shotgun that was in the backseat. The agents also found three handguns on the ground outside of the vehicle. During a post-arrest statement, Alvarez-Ramirez admitted throwing one of the handguns underneath the vehicle when he saw the police and dropped another handgun in the area where he had been laying on the ground pursuant to law enforcement commands for him to get down.
Alvarez-Ramirez has been in federal custody since his arrest and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, he faces a statutory maximum penalty of five years in prison on the marijuana trafficking charges. He also faces a mandatory minimum of five years in prison on the firearms charge which must be served consecutive to the sentence imposed on the marijuana charges.
This case was investigated by the Las Cruces offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the DEA, the Pecos Valley Drug Task Force and the Artesia Police Department. Assistant U.S. Attorneys Maria Y. Armijo and Randy M. Castellano are prosecuting the case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Deming Woman Pleads Guilty to Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Norma Patricia Rivera, 40, of Deming, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges. Under the terms of her plea agreement, Rivera will be sentenced to 120 months in federal prison followed by a term of supervised release to be determined by the court.
Rivera was arrested in May 2015, on a criminal complaint alleging that she possessed methamphetamine with intent to distribute in Luna County, N.M., on May 20, 2015. According to the complaint, Homeland Security Investigations (HSI) agents executed a search warrant at a residence in Luna County where they seized approximately 722.9 grams of a methamphetamine mixture in liquid and crystal form.
Rivera was subsequently charged in a two-count indictment on Aug. 19, 2015, with distribution of methamphetamine on July 17, 2014, in Doña Ana County, N.M., and possession of methamphetamine with intent to distribute on May 20, 2015, in Luna County.
During today’s proceedings, Rivera pled guilty to the indictment and admitted that on July 17, 2014, in Las Cruces, she sold 162.18 grams of methamphetamine to an individual working with law enforcement. Rivera further admitted that on May 20, 2015, in Deming, she possessed liquid and crystal methamphetamine which she intended to sell to other individuals. Rivera remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by HSI, the Las Cruces office of the FBI, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and the Deming Police Department. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Albuquerque Woman Transferred from Texas to New Mexico to Face Federal Sex Trafficking ChargeRead the Press Release
ALBUQUERQUE – Angela Santillanes, 30, of Albuquerque, N.M., appeared in federal court this morning on an indictment charging her with a sex trafficking charge. Santillanes remains in federal custody pending an arraignment on the indictment and a detention hearing, both of which are set for tomorrow.
Santillanes was arrested in Aug. 2015, in Dallas, Texas, on an indictment charging her and co-defendant Shane Roach, 26, also of Albuquerque, with commercial sex trafficking. She was recently transferred to New Mexico to face the charge in the indictment.
The indictment alleges that Roach and Santillanes used force, threats of force and coercion to cause the victim to engage in a commercial sex act between May and June 2015. It alleges that the defendants committed this crime in Bernalillo County, N.M.
According to the criminal complaint filed in July 2015, the victim who allegedly was sex trafficked by Santillanes and Roach contacted the Albuquerque Police Department (APD) with a request for help on June 10, 2015. During subsequent interviews, the victim alleged that she had been trafficked for sex by Roach for approximately a month and a half. During that time, the victim allegedly was forced to engage in sex with men four or five times a day earning between $400.00 and $500.00, and Roach allegedly kept all the money. During that time, Roach allegedly beat the victim on a number of occasions, and threatened to harm her family if she left him.
Roach was arrested in July 2015. Trial for Roach is currently set for Dec. 2015, in Albuquerque.
If convicted of the offenses charged in the federal indictment, Santillanes and Roach each face a mandatory minimum of 15 years and a maximum of life in prison. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of Homeland Security Investigations and APD’s Vice Unit. Assistant U.S. Attorney Norman Cairns is prosecuting the case.
Albuquerque Man Arraigned on Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – Pete Pasqual Chavez, 36, of Albuquerque, N.M., was arraigned this morning in federal court on an indictment charging him with being felon in possession of a firearm. Chavez entered a not guilty plea to the indictment and was ordered detained pending trial.
The indictment was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Chavez was arrested on Sept. 16, 2015, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Sept. 14, 2015, in Bernalillo County, N.M. The complaint alleges that on Sept. 14, 2015, officers of the Albuquerque Police Department (APD) responded to the La Quinta Inn on San Antonio Blvd. in Albuquerque after Chavez allegedly told hotel personnel that he had just shot a person who was breaking into his vehicle. Upon arrival, the APD officers found a firearm under Chavez’s vehicle. Thereafter the officers executed search warrants for Chavez’s hotel room and vehicle. In the vehicle, the officers allegedly found a single projectile that was removed from the inside of the passenger door and a box of Perfecta .45 caliber ammunition. In Chavez’s hotel room, the officers allegedly found four rounds of Perfecta .45 caliber ammunition. In the bushes outside Chavez’s room, the officers allegedly found a firearm loaded with ten rounds of Perfecta .45 caliber ammunition.
Chavez was indicted on Oct. 7, 2015, and charged with being a felon in possession of a firearm and ammunition.
At the time of his arrest, Chavez was prohibited from possessing firearms or ammunition, because he previously had been convicted of attempting to traffic a controlled substance with intent to distribute, possession of a controlled substance, tampering with evidence, shooting from or into a vehicle and use of a telephone to facilitate a drug trafficking crime.
If convicted of the crime charged in the indictment, Chavez faces a maximum penalty of ten years in federal prison. If the court determines that Chavez is an armed career criminal, he faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment. 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 the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD. Assistant U.S. Attorney Norman Cairns is prosecuting the case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Oscar Anchondo Arrested on Criminal Complaint Alleging a Violation of the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Oscar Anchondo, 38, of Albuquerque, N.M., has been arrested on a criminal complaint charging him with violating the federal firearms laws. Anchondo made his initial appearance in federal court this morning and remains in federal custody pending a preliminary hearing and detention hearing, both scheduled for tomorrow morning.
Anchondo’s arrest was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Tom Romero of the Bernalillo Police Department, Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Chief Michael Geier of the Rio Rancho Police Department.
The criminal complaint alleges that Anchondo unlawfully possessed a firearm and ammunition on Oct. 6, 2015, in Sandoval County, N.M. According to the criminal complaint, on Oct. 6, 2015, a resident of the Town of Bernalillo called the Bernalillo Police Department to report a stolen vehicle. The victim reported that Anchondo stole the vehicle after threatening to kill her; Anchondo allegedly was armed when he made the threat. Officers responded to the call and located the vehicle parked in the driveway of another residence in Bernalillo. In response to an inquiry from the officers, an occupant of the residence allegedly said that Anchondo was in the residence.
According to the criminal complaint, officers conducted surveillance at the residence until they observed Anchondo leave the residence. Anchondo allegedly held a firearm under his chin as he walked to and got into the stolen vehicle. Anchondo then fled from the area and eventually got stuck in a muddy area. Anchondo was taken into custody after he allegedly fled on foot to another residence. Thereafter the officers allegedly found a revolver in the stolen vehicle that was abandoned in the mud.
According to court records, on Oct. 6, 2015, Anchondo was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in state court: armed robbery with a deadly weapon, attempted robbery with a deadly weapon, and being a felon in possession of a firearm.
If convicted of the charge in the criminal complaint, Anchondo faces a statutory maximum penalty of ten years in federal prison. Charges in criminal complaints are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and the Bernalillo Police Department with assistance from the Albuquerque Police Department and the Rio Rancho Police Department. It is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley 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 based on their criminal histories 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.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – David Charles Prins, 47, a member of the Mescalero Apache Nation, pled guilty Friday afternoon in Las Cruces, N.M., to a federal assault charge.
Prins was arrested on April 24, 2015, on a criminal complaint that charged him with assault by striking resulting in serious bodily injury. According to the complaint, on Sept. 19, 2014, security guards at the Inn of the Mountain Gods Hotel responded to a disturbance in Prins’ hotel room, where they allegedly found Prins in bloody clothes and the victim unconscious on the floor covered in blood. As a result of her injuries, the victim had to have her ear sewn and she suffered facial bone fractures.
Prins was subsequently charged by indictment on June 17, 2015, with assault resulting in serious bodily injury which occurred on Sept. 19, 2014, in Otero County, N.M. During Friday’s proceedings, Prins entered a guilty plea to the indictment without the benefit of a plea agreement.
At sentencing, Prins faces a statutory maximum penalty of ten years in prison followed by up to three years of supervised release. Prins remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Las Cruces Man Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Jared Alan Slyh, 33, of Las Cruces, N.M., pled guilty Friday afternoon in federal court in Las Cruces to a heroin trafficking charge. Under the terms of his plea agreement, Slyh will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.
Slyh was arrested on June 16, 2015, and charged by criminal complaint with distributing heroin and participating in a heroin distribution conspiracy. According to the complaint, Slyh provided 353.4 grams of heroin to an undercover law enforcement officer on June 3, 2015.
During Friday’s proceedings, Slyh pled guilty to a felony information charging him with possession of heroin with intent to distribute. Slyh remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaboration 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.
Doña Ana County Clerk’s Office Employee and Mexican National Plead Guilty to Federal Theft and Identity Fraud ChargesRead the Press Release
ALBUQUERQUE – Maria L. Ceniceros, 43, of Anthony, N.M., and Armando Gutierrez-Torres, 51, a Mexican national who resides in Delicias, Mexico, pleaded guilty today in federal court in Las Cruces, N.M., to theft of government property and aggravated identity theft charges.
Ceniceros and Gutierrez-Torres were charged in June 2015, with conspiracy to commit theft of government property and aggravated identity theft in a criminal complaint. The charges in the complaint arose out of a scheme to steal money from the United States by using the identities of individuals without their knowledge or consent to generate and cash fraudulent federal income tax refund checks. According to the criminal complaint, Ceniceros and Gutierrez-Torres conspired with each other and others to perpetuate the scheme, and that Ceniceros abused her position as a Document Technician at the Doña Ana County Clerk’s Office to facilitate the scheme.
Law enforcement authorities learned of the scheme in mid-May 2015, when Ceniceros approached a co-worker in the Doña Ana County Clerk’s Office and attempted to solicit his participation in the scheme. The co-worker reported the solicitation to law enforcement authorities and agreed to assist officers in conducting an undercover investigation into Ceniceros and Gutierrez-Torres. During the investigation, Ceniceros provided three fraudulent federal income tax refund checks to the co-worker so that he could cash the checks with the understanding that the proceeds would be divided between Ceniceros, Gutierrez-Torres and the co-worker. Ceniceros and Gutierrez-Torres were arrested on related state charges on May 29, 2015.
During today’s proceedings, Ceniceros pled guilty to a felony information charging her with conspiracy to commit theft of public money and conspiracy to commit aggravated identity theft. Ceniceros admitted that she accessed the Voter Registration database at work and recorded the names, dates of birth and social security numbers of 111 people whose identities she knew were going to be used to file fraudulent federal income tax returns in order to obtain fraudulent refund checks, she also agreed to mail fraudulent federal income tax returns and cash refund checks for Gutierrez-Torres. Under the terms of her plea agreement, Ceniceros will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.
Gutierrez-Torres also entered a guilty plea to a felony information today in federal court. Gutierrez-Torres admitted that in Nov. 2014, he asked Ceniceros for the identifiers of people born in 1995, to be used to file fraudulent federal income tax returns in order to obtain fraudulent refund checks. Gutierrez-Torres further admitted that he asked Ceniceros to mail fraudulent federal income tax returns to the IRS and to cash refund checks in the total amount of $11,963.73. Under the terms of his plea agreement, Gutierrez-Torres will be sentenced to 24 months in prison. He will be deported following his term of imprisonment.
This case was investigated by IRS Criminal Investigation and the Doña Ana County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
Albuquerque Man Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Mister Samuel, 35, of Albuquerque, N.M., pleaded guilty this morning in federal court, to a misdemeanor information charging him with assault.
Samuel was arrested and charged in a criminal complaint in Feb. 2015, with assault with intent to do bodily harm without just cause or excuse. According to the complaint, Samuel assaulted the victim on Feb. 18, 2015, at the emergency room of the Veterans Administration Medical Center by striking the victim repeatedly with a “hand sanitizer stand.” On Feb. 19, 2015, Samuel was charged in a misdemeanor information with assault by striking, beating or wounding on Feb. 18, 2015, in Bernalillo County, N.M.
During today’s proceedings, Samuel entered a guilty plea to the information without the benefit of a plea agreement. At sentencing, Samuel faces a statutory maximum penalty of one year in prison followed by up to one year of supervised release. Samuel is in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Veterans Affairs Police Department and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Former Comptroller of Albuquerque Construction Company Sentenced to Prison for Federal Fraud and Identity Theft ConvictionRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, announced today that Stephanie Pyle, 40, of Albuquerque, N.M., was sentenced for her conviction on fraud and aggravated identity theft charges.
Pyle was sentenced to 30 months in prison for her conviction on the fraud charge and 24 months in prison for her conviction on an aggravated identity theft charge. Because the sentence on the identity theft charge must be served consecutive to the sentence on the fraud charge, Pyle was sentenced to a total of 54 months in prison followed by three years of supervised release. Pyle was also ordered to pay $2,409,901.00 in restitution to the victims of her criminal conduct.
Pyle was charged on Feb. 10, 2015, in a 12-count indictment alleging that between Jan. 2010 and May 2014, Pyle used credit cards and account numbers in her employer’s name without authorization and with the intent to defraud her employer. Counts 1 through 6 of the indictment charged Pyle with defrauding her employer of approximately $1,531,124.00 during a five-year period. Counts 6 through 12 of the indictment charged Pyle with using the identity of another person to commit the fraudulent acts charged in Counts 1 through 6. At the time of the offenses charged in the indictment, Pyle was employed as the comptroller for the Albuquerque-based construction company that was the victim of Pyle’s criminal conduct.
On May 19, 2015, Pyle pled guilty to Counts 1 and 7 of the indictment. In her plea agreement, Pyle admitted that while working as the comptroller for the company that was the victim of her criminal conduct, she obtained a credit card in her name that was linked to a credit card account in the name of one of the co-owners of the company. Pyle changed the address on the account to reflect her home address so that her employer would not see the statements of expenditures made on the credit card. Using her position as comptroller, Pyle arranged for the company to pay off the credit card balances on a frequent basis. Pyle admitted making thousands of personal charges and purchases on the credit card that she was not authorized to make. She also admitted using the name and credit card account of her employer without authorization to facilitate her criminal conduct.
The case was investigated by the Albuquerque office of HSI and was prosecuted by Assistant U.S. Attorney Jeremy Peña.
Santa Fe Man Sentenced to Federal Prison for Unlawfully Trafficking “Suboxone”Read the Press Release
ALBUQUERQUE – James Barela, 41, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to a year and a day in prison followed by three years of supervised release for participating in a conspiracy to distribute Buprenorphine, more commonly known as “Suboxone,” in violation of the federal narcotics laws.
Barela was arrested on March 12, 2015, on an indictment charging him and co-defendant Edward Owens, 21, also of Santa Fe, with conspiracy and possession of Suboxone with intent to distribute. According to the indictment, Barela and Owens committed these crimes between Aug. 6, 2014 and Aug. 12, 2014, in Santa Fe County, N.M. During the period charged in the indictment, Owens was employed as a corrections officer at the Santa Fe County Adult Correctional Facility.
On June 10, 2015, Barela pled guilty to Count 1 of the indictment, charging him with participating in a Suboxone trafficking conspiracy. In entering the guilty plea, Barela admitted that from Aug. 4, 2014 through Aug. 12, 2014, while he was incarcerated in a correctional facility in Santa Fe County, he conspired with Owens to distribute Suboxone to inmates in the correctional facility.
Owens has entered a plea of not guilty to the indictment. He is currently scheduled for trial on Dec. 7, 2015. Charges in indictments are merely accusations, and defendants are presumed innocent unless proven guilty.
This case was investigated by the Albuquerque office of the FBI, the Santa Fe County Sheriff’s Office, and the Santa Fe Corrections Department with assistance from the First Judicial District Attorney’s Office.
Assistant U.S. Attorney Shaheen P. Torgoley 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.
Laguna Pueblo Woman Sentenced for Federal Misdemeanor Assault ConvictionRead the Press Release
ALBUQUERQUE – Allie P. Sarracino, 26, an enrolled member of the Laguna Pueblo who resides in Casa Blanca, N.M., was sentenced this afternoon in Santa Fe, N.M., to one year in prison followed by one year of supervised release for her misdemeanor assault conviction.
Sarracino was arrested on Dec. 8, 2014, on a criminal complaint charging her with assaulting an intimate partner by strangulation. According to the complaint, on Dec. 4, 2014, the Pueblo of Laguna Tribal Police Department responded to a report of assault on Laguna Pueblo in Cibola County, N.M. The complaint stated that Sarracino assaulted the victim, a Laguna woman, by striking her in the face and strangling her. Sarracino was subsequently indicted on Jan. 8, 2015, and charged with assaulting an intimate partner by strangulation.
On June 15, 2015, Sarracino entered a guilty plea to a misdemeanor information and admitted assaulting the victim by using her hands to strike the victim’s face. Sarracino also admitted holding the victim down by pressing on her shoulders and neck area. As a result of the assault, the victim suffered bruises, contusions and other wounds on her face and head.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney Linda Mott prosecuted the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Federal Jury Finds Kevin Folse Guilty on Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict this morning finding Kevin Folse, 30, guilty on carjacking and firearms charges after a four-day trial. The verdict was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
In announcing the verdict, U.S. Attorney Martinez noted that the prosecution of Folse was 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.
Folse initially was charged in this case on July 6, 2015, by criminal complaint with being a felon in possession of a firearm and ammunition. At the time, Folse was prohibited from possessing firearms or ammunition because he previously had been convicted for receiving or transferring a stolen vehicle, marijuana trafficking, aggravated battery with a deadly weapon, and being a felon in possession of a firearm.
On July 14, 2015, Folse was indicted and charged with being a felon in possession of a firearm, carjacking and brandishing a firearm during a crime of violence. The indictment alleged that Folse committed the three crimes on July 2, 2015, in Bernalillo County, N.M. A superseding indictment was filed on Sept. 10, 2015, charging Folse with a second carjacking on July 2, 2015, and with using a firearm to commit that crime. This second firearms charge was subsequently dismissed on the United States’ motion.
The superseding indictment also added Albuquerque resident Angela Murray, 34, as a new defendant, charging her with aiding and abetting Folse in committing the first carjacking. On Sept. 29, 2015, the court granted Murray’s motion to be tried separately from Folse.
At the time federal charges were filed against Folse and Murray, both were being held in state custody on related state charges which were later dismissed in favor of federal prosecution.
Trial of Folse on the superseding indictment began on Oct. 5, 2015, and concluded this morning when the jury returned a guilty verdict against Folse on the four charges against him. The evidence at trial established that Folse committed the first carjacking around 11:00 a.m. on July 2, 2015, in an effort to evade APD officers who were trying to locate him as part of a stolen vehicle investigation. Earlier that morning, while APD officers were conducting surveillance on a house in which they believed Folse to be staying, they caught the attention of a man who was in the house and asked him to open the front door.
When the man went to the door, he encountered Folse, who was in the house without the man’s knowledge. Folse, who was armed with a gun and a knife, forced the man into a room where he was holding several others hostage with assistance from Murray. During the hostage situation, Folse threatened to stab one hostage and struck another on the head with a glass object that shattered. When the man did not open the door and without definitive information as to whether Folse was in the house, the officers retreated from the area immediately around the house.
Around 11:00 a.m., Folse and Murray left the house. Folse forced the man and another hostage to accompany him and Murray as they left the area in the man’s car. APD officers responded to the scene as Folse aggressively drove away at a high rate of speed with Murray and the two hostages in the car. While driving, Folse threw a gun out of the window. Thereafter Folse lost control of the car and crashed as he tried to negotiate a curve at a high rate of speed in a residential neighborhood. The car rolled and landed on its roof. Folse and Murray fled from the car leaving their two hostages behind. APD officers were able to arrest Murray shortly thereafter while another officer went on a foot chase after Folse.
Five minutes after the crash, Folse approached a car that was warming up in the driveway of a house. There was no driver in the car but a 13-year-old boy was in the passenger seat. Folse threatened the boy telling him that he had three seconds to get out of the car. The boy immediately complied by jumping out of the car, and was struck by the car door as Folse backed out of the driveway to make his escape. Once again Folse drove off aggressively and at a high rate of speed, and APD officers who were in pursuit had to end their pursuit of Folse so as not to endanger other motorists.
Folse was arrested in the late night hours of July 3, 2015, by officers of the Isleta Pueblo Tribal Police Department.
The jury deliberated approximately four hours before returning its guilty verdict.
“On July 2nd, Folse went on a day-long violent crime spree during which he terrorized a group of hostages at one residence and a teenager at another, and also endangered countless other individuals as he tried to evade arrest. Today’s jury verdict holds Folse accountable for those crimes and validates the efforts of the ATF agents, APD officers, Isleta police officers and federal and state prosecutors who collaborated with each other to ensure that this “worst of worst” offender will no longer menace our community” said U.S. Attorney Damon P. Martinez. “Throughout New Mexico, federal, state, local and tribal law enforcement officers and prosecutors are working together to make our communities safer places for all of us to live, work and raise our families. The U.S. Attorney’s Office is proud to be part of this tremendous effort.”
“We greatly appreciate the hard work, effort and dedication of the U.S. Attorney’s Office in prosecuting this case,” said 2nd Judicial District Attorney Kari E. Brandenburg. “This jury verdict is a substantial win for all partnering agencies and for the community we represent. It truly is another excellent example of the effectiveness of the Worst of the Worse Anti-Violence Initiative, and the positive impact these collaborative efforts have.”
“Taking violent criminals off the streets and putting them behind bars has always been a focus of ATF and our enforcement mission in New Mexico,” said ATF Special Agent in Charge Thomas G. Atteberry. “I commend the agents and officers who repeatedly risked their lives to remove these violent offenders from our communities. I also wish to recognize the leadership of U.S. Attorney Damon P. Martinez and his office in their relentless prosecution of these violent offenders.”
APD Chief Gorden Eden, Jr., added, “Kevin Folse has terrorized the people of Albuquerque for years as a violent repeat offender who has continuously made his way back onto the streets of Albuquerque. The Albuquerque Police Department is very grateful for the unwavering support of the U.S. Attorney’s Office and ATF for bringing federal charges against violent career criminals like Folse. This verdict ensures that Folse will no longer be able to victimize the innocent people in Albuquerque.”
Folse remains in federal custody pending a sentencing hearing which has yet to be scheduled. At sentencing, Folse faces a statutory maximum penalty of ten years in prison for unlawfully possessing a firearm and ammunition and ten years in prison on each of the carjacking charges. Folse faces a statutory mandatory minimum of seven years and a maximum of life in prison for brandishing a firearm during a crime of violence. The sentence on the brandishing charge must be served consecutive to the sentence imposed on the other three charges.
Co-defendant Murray has entered a not guilty plea and remains in custody pending a trial which has yet to be scheduled. If convicted for aiding and abetting Folse in committing the first carjacking offense, she faces a statutory maximum penalty of ten years in prison. Charges in indictments are mere accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the Isleta Pueblo Tribal Police Department and the Second Judicial District Attorney’s Office. Assistant U.S. Attorneys Samuel A. Hurtado and William J. Pflugrath are prosecuting the case.
Bloomfield Man and Albuquerque Woman Sentenced to Federal Prison for Methamphetamine Trafficking ConvictionsRead the Press Release
ALBUQUERQUE – Curtis Murray, Sr., 52, of Albuquerque, N.M., and Yvonne Anaya, 40, of Bloomfield, N.M., were sentenced today in federal court in Albuquerque, N.M., for their involvement in a Feb. 2014, drug trafficking conspiracy. Murray was sentenced to 33 months in prison followed by six years of supervised release. Yvonne Anaya was sentenced 48 months in prison followed by one year of supervised release.
Murray and Yvonne Anaya are two of 29 individuals charged with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya, 31, of Farmington, N.M., that distributed quantities of methamphetamine throughout San Juan County, N.M., and expanded to include other drug trafficking activity in the area. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Thirteen of the defendants, including ringleader Isaac Anaya were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
On Feb. 26, 2015, Murray pled guilty to conspiracy to distribute methamphetamine and admitted that from May 28, 2013 through Sept. 25, 2013, he conspired with others to distribute methamphetamine in San Juan County. Murray further admitted that he worked as a distributor of methamphetamine on behalf of Isaac Anaya
On March 13, 2015, Yvonne Anaya pled guilty to the use of a telephone to facilitate a drug trafficking crime and admitted to contacting Isaac Anaya on multiple occasions regarding drug trafficking activities and the possibility that Isaac Anaya was being investigated by law enforcement.
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorney Reeve L. Swainston is prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking 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.
Alamogordo Man Sentenced to Federal Prison for Possession of Unregistered Saw-Offed ShotgunRead the Press Release
ALBUQUERQUE – Kenneth Colby Miller, 31, of Alamogordo, N.M., was sentenced today in federal court in Las Cruces, N.M., to 30 months in prison followed by three years of supervised release for violating the federal firearms laws by possessing an unregistered firearm.
Miller was arrested on April 30, 2015, on a criminal complaint charging him with possession of an unregistered firearm. According to the complaint, on Dec. 3, 2014, an officer with the Roswell Police Department conducted a routine traffic stop on Miller’s vehicle in Chaves County, N.M. After conducting a consensual search of Miller’s vehicle, the officer recovered a single shot “sawed-off” shotgun with no visible serial number or manufacturers markings. After further investigation, Miller’s background also revealed that he had been convicted twice of unlawful taking of a motor vehicle and reckless driving.
On July 1, 2015, Miller pled guilty to a felony information charging him with possession of an unregistered firearm. In entering the guilty plea, Miller admitted that on Dec. 3, 2014, he possessed a sawed-off 20 gauge shotgun which did not have a serial number and was not registered to him in the National Firearms Registration and Transfer Record.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department. Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Navajo Man from Sanostee Sentenced to Federal Prison for Assault ConvictionRead the Press Release
ALBUQUERQUE – Milton Washburn, 30, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 46 months in prison followed by three years of supervised release for his assault conviction.
Washburn was arrested on Oct. 23, 2014, on a criminal complaint charging him with assaulting another Navajo man on Oct. 19, 2014, by running over him with a vehicle. Court filings reflect that officers of the Navajo Nation Division of Public Safety responded to a call reporting that the victim had been deliberately run over by a vehicle and was seriously injured. The victim was taken to the hospital where he received medical treatment for a number of internal injuries, including rib fractures, a collapsed lung, a damaged liver, and a spinal fracture.
On Nov. 5, 2014, Washburn was indicted and charged with assault with a dangerous weapon - a vehicle - and assault resulting in serious bodily injury. According to the indictment, Washburn committed these crimes within the Navajo Indian Reservation in San Juan County, N.M.
On April 27, 2015, Washburn pled guilty to one count of the indictment, assault resulting in serious bodily injury, and admitted that on Oct. 19, 2014, he ran over the victim with a vehicle after he engaged in an altercation with the victim. Washburn acknowledged that the victim suffered multiple injuries as a result of the assault.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI. Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Ramirez prosecuted the case.Curry County Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – John Jesse Perez, Jr., 46, of Clovis N.M., was sentenced today in Albuquerque, N.M., to 36 months in prison for his methamphetamine trafficking conviction, and to 24 months for violating his supervised release on an earlier conviction. Because 10 months of the 24 month sentence must be served consecutive to his 36 month sentence with the remaining 14 months to be served concurrently, Perez was sentenced to a total of 46 months in prison. Perez will be on supervised release for five years after completing his prison sentence.
Perez and his three co-defendants, Christopher Jason Kidd, 38, and Tina Tafoya, 33, of Clovis, and Jeanette Driever, 38, of Grady, N.M., were indicted in Feb. 2014, on federal methamphetamine trafficking charges. Count 1 of the three-count indictment charged the four defendants with conspiring to distribute methamphetamine in Curry County, N.M., between Sept. 2013 and Nov. 2013. Count 2 charged Kidd and Tafoya with possession of methamphetamine with intent to distribute on Nov. 6, 2013. Count 3 charged Driever and Perez with possession of methamphetamine with intent to distribute also on Nov. 6, 2013.
Perez and Driever entered guilty pleas to federal drug trafficking charges on Nov. 20, 2014. Each pled guilty to participating in a conspiracy to distribute methamphetamine in Curry County. Perez acknowledged participating in a methamphetamine trafficking conspiracy that involved Driever, Kidd, Tafoya and others. Driever admitted that she and Perez obtained quantities of methamphetamine from Kidd and Tafoya and then distributed the methamphetamine to others.
Tafoya entered a guilty plea on Dec. 17, 2014, and admitted conspiring with Kidd, Driever and Perez to distribute methamphetamine in Curry County in fall of 2013. Kidd entered a guilty plea on Nov. 17, 2014, and admitted that he conspired with his co-defendants to distribute methamphetamine in Curry County. More specifically Kidd admitted that he and Tafoya supplied quantities of methamphetamine to others, including Driever and Perez, who resold the methamphetamine in smaller quantities to users. According to Kidd’s plea agreement, on Nov. 9, 2013, Kidd and Tafoya supplied a pound of methamphetamine to Driever and Perez. On that day, Kidd and Tafoya possessed another half-pound of methamphetamine at their residence. The methamphetamine was seized later that day pursuant to search warrants.
Kidd was sentenced on June 16, 2015, to 78 months in prison followed by five years of supervised release. Tafoya was sentenced on July 23, 2015, to 78 months in prison followed by five years of supervised release. Driever was sentenced on Aug. 26, 2015 to 60 months in prison followed by five years of supervised release.
This case was investigated by the Roswell Agency Office of the FBI’s Albuquerque Division, the Region V Drug Task Force and the New Mexico State Police, with assistance from the Ninth Judicial District Attorney’s Office. The Region V Drug Task Force is comprised of the Clovis Police Department, the Portales Police Department, Curry County Sheriff’s Office and the Roosevelt County Sheriff’s Office. Assistant U.S. Attorney Nicholas Jon Ganjei prosecuted the case.
Albuquerque Man Sentenced to Federal Prison for Trafficking Methamphetamine in Lea CountyRead the Press Release
ALBUQUERQUE – Michael Asa Boyd, 40, of Albuquerque, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison followed by four years of supervised release for trafficking methamphetamine in Lea County, N.M.
Boyd was arrested in Hobbs, N.M., on Feb. 20, 2015, after law enforcement officers seized 174 grams of methamphetamine, 110 grams of marijuana, 70 grams of heroin, drug paraphernalia and a handgun from the vehicle Boyd was driving.
On April 27, 2015, Boyd pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering his guilty plea, Boyd admitted that on Feb. 20, 2015, officers found 174 grams of methamphetamine, 70 grams of heroin and a firearm in the rental car he was driving. Boyd also admitted that he intended to distribute the methamphetamine and heroin in Hobbs.
This case was investigated by the Las Cruces office of the DEA, the Lea County Drug Task Force and was prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
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.
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.
Albuquerque Man Pleads Guilty to Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Anthony F. Romero, Jr., 37, of Albuquerque, N.M., pleaded guilty this morning in federal court to violating the Sex Offender Registration and Notification Act (SORNA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Romero was arrested on May 26, 2015, on an indictment charging him with violating SORNA by failing to update his sex offender registration in Bernalillo County, N.M.
Today, Romero pled guilty to a felony information and admitted that his last registration as a sex offender was on Nov. 20, 2014, and that at the time of his arrest on May 26, 2015, he had not renewed nor attempted to renew his registration.
At sentencing, Romero faces a statutory maximum penalty of ten years in federal prison followed by a minimum of five years of supervised release. Romero will also be required to register as a sex offender following his term of incarceration. Romero remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Otero County Resolution Authorizing Removal of Trees from Lincoln National Forest Declared Unconstitutional by Federal CourtRead the Press Release
ALBUQUERQUE – The U.S. District Court for the District of New Mexico has ruled that an Otero County resolution permitting the removal of trees from the Lincoln National Forest is unconstitutional because it violates the Supremacy Clause of the U.S. Constitution. The court’s order also invalidated the New Mexico state statute upon which the Otero County resolution relied because it too violated the Supremacy Clause.
The lawsuit was filed in Feb. 2012, by the Justice Department on behalf of the Forest Service, an agency of the U.S. Department of Agriculture, against the State of New Mexico and the Otero County Commission. At issue in the lawsuit was the alleged authority of the State and Otero County to assert control over federal lands without the consent of the federal government.
The state statute (N.M.S.A. § 4-36-11) was enacted in 2001 and purported to authorize counties to clear undergrowth and trees on National Forest System lands without the consent of the Forest Service. In May 2011, the Otero County Commission passed the resolution claiming power to remove alleged fire hazards from federal lands within the County without first complying with federal law. The County also announced plans to cut and remove trees from more than 60,000 acres of lands on the Lincoln National Forest, without approval from the Forest Service.
The lawsuit sought an order declaring that the New Mexico statute and Otero County resolution were preempted by federal law and thus were unconstitutional. The court held that Congress possesses the sole authority to control federal lands under the U.S. Constitution’s Property Clause. The court went on to find that the Otero County resolution and New Mexico statute are in “direct conflict” with federal law, including Forest Service regulations prohibiting the cutting and removal of trees on National Forest lands without Forest Service authorization. It also held that the resolution and statute were inconsistent with several federal statutes by which Congress has delegated the authority to manage National Forests to the Forest Service – not the State or the County.
Assistant U.S. Attorney Ruth F. Keegan of the U.S. Attorney’s Office for the District of New Mexico and Senior Trial Attorney Andrew A. Smith of the Justice Department’s Environment and Natural Resources Division represented the United States in this litigation. They were assisted by Assistant Regional Director Cassandra C. Currie of the U.S. Department of Agriculture, Office of General Counsel.
Former Sandia National Labs Employee Sentenced to Probation for Embezzling Federal FundsRead the Press Release
ALBUQUERQUE – Theresa Romero, 34, of Albuquerque, N.M., was sentenced this morning in federal court to three years of probation for her conviction on a theft of government property charge. Romero also was ordered to pay $32,542.37 in restitution to the National Nuclear Security Administration, an agency of the U.S. Department of Energy that was the victim of Romero’s criminal conduct.
Romero pled guilty on July 1, 2015, to a felony information charging her with theft of government property. The information charged Romero with embezzling money from the Department of Energy between Sept. 2010 and Aug. 2011. At the time, Romero was employed as by Sandia National Laboratories (SNL) as an Administrative Assistant. In entering her guilty plea, Romero admitted that from Sept. 30, 2010 through Aug. 8, 2011, she used a procurement card that was issued to her as an employee of SNL to make unauthorized purchases for herself.
This case was investigated by the Department of Energy, Office of Inspector General with assistance from SNL’s corporate investigations office. Assistant U.S. Attorney Kimberly A. Brawley prosecuted the case.
Albuquerque Felon Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Timothy Lobley, 42, of Albuquerque, N.M., pleaded guilty this morning in federal court to violating the federal firearms laws. Lobley entered the guilty plea without the benefit of a plea agreement. The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.
Lobley was arrested on March 11, 2014, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. According to the complaint, on Oct. 25, 2013, Albuquerque Police Department (APD) officers responded to a shoplifting call at a Family Dollar Store located on Central Ave. NW in Albuquerque. Upon arrival, officers were notified that Lobley and another person were still inside the store and appeared to have a weapon concealed in a black duffle bag. The complaint alleges that the APD officers found that Lobley had concealed two shirts under his clothes and had a rifle and more store merchandise inside the black duffle bag.
Lobley subsequently was indicted on March 26, 2014, and charged with being a felon in possession of a firearm and ammunition on Oct. 25, 2013, in Bernalillo County, N.M. At the time, Lobley was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including two counts of auto burglary, residential burglary, felony shoplifting, cocaine possession, commercial burglary, criminal sexual penetration and kidnapping.
During today’s proceedings, Lobley pled guilty to the indictment. At sentencing, Lobley faces a statutory maximum penalty of ten years in federal prison. If the court determines that Lobley is an armed career criminal, he faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment. Lobley has been in federal custody since his arrest. He remains in federal custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated 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 Louis Valencia is prosecuting the case.
The case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
***media Advisory***Read the Press Release
ALBUQUERQUE – As part of the Obama Administration’s commitment to improving public safety and building stronger communities, Attorney General Loretta E. Lynch, Deputy Attorney General Sally Quillian Yates and other Justice Department officials will convene a Summit on Violent Crime on WEDNESDAY, OCTOBER 7, 2015.
The summit will provide an opportunity for participants to identify and examine effective violent crime reduction strategies that have contributed to the historic decline of crime and violence, understand the nature and potential causes of recent upticks in violence in some jurisdictions, including identifying any commonalities, discuss collaborative efforts to tackle violent crime and explore potential Department of Justice resources that could be used to assist in efforts to reduce crime.
Participants will engage in discussions with Attorney General Lynch; Deputy Attorney General Yates; the heads of the Office of Justice Programs, the Office of Community Oriented Policing Services, the FBI, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service; U.S. Attorneys from participating jurisdictions, including New Mexico U.S. Attorney Damon P. Martinez, and other senior Obama Administration officials.
WHAT: Department of Justice Summit on Violent Crime
WHO: Attorney General Loretta E. Lynch
Deputy Attorney General Sally Quillian Yates
New Mexico U.S. Attorney Damon P. Martinez
WHEN: WEDNESDAY, OCTOBER 7, 2015. 3:15 p.m. EDT/1:15 p.m. MDT
WHERE: Washington Plaza Hotel
10 Thomas Circle, NW
Washington, D.C. 20005
OPEN TO CREDENTIALED MEDIA
NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials. Press inquiries and RSVPs should be directed to [email protected]. Additional media logistics will be available in the coming days.
Rio Rancho Man Sentenced to Ten Years for Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher Mathuren, 39, of Rio Rancho, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 120 months in prison followed by three years of supervised release for his methamphetamine trafficking and firearms convictions.
The sentence was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Michael Geier of the Rio Rancho Police Department.
Mathuren, whose prior criminal history includes convictions for possession of marijuana with intent to distribute, possession of methamphetamine, and possession of methamphetamine with intent to distribute, is 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 Sandoval County, under this initiative.
Mathuren was arrested on Oct. 28, 2014, on a three-count indictment charging him with being a felon in possession of firearms and ammunition; possession of methamphetamine with intent to distribute; and using and carrying a firearm in furtherance of a drug trafficking crime. According to the indictment, Mathuren committed the three offenses on July 22, 2014, in Sandoval County, N.M. The indictment was superseded on Dec. 16, 2014, to add two additional charges of being a felon in possession of firearms and ammunition on Oct. 28, 2014 – the date on which Mathuren was arrested on the original indictment.
On June 17, 2015, Mathuren pled guilty to Counts 2 and 3 of the indictment. In entering the guilty plea, Mathuren admitted that on July 22, 2014, officers of the Rio Rancho Police Department executed a search warrant on his vehicle and seized approximately 30.3 grams of methamphetamine, drug paraphernalia, a pistol, rifle and ammunition. Mathuren further admitted that the rear stalk of the rifle had been shortened and the pistol had been reported stolen. Mathuren acknowledged that the firearms were “tools of the drug trafficking trade” and that he possessed them to assist him in his drug trafficking activities.
Mathuren previously was charged in July 2014, on related state charges. The state charges were dismissed in favor of federal prosecution after Mathuren was arrested on the federal charges in this case.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rio Rancho Police Department with assistance from the 13th Judicial District Attorney’s Office. Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case.
Laguna Pueblo Man Sentenced for Conviction on Assault by Strangulation and Attempted Manslaughter ChargesRead the Press Release
ALBUQUERQUE – Duane Day, 25, a member and resident of Laguna Pueblo, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 51 months in prison followed by three years of supervised release for his assault by strangulation and attempted manslaughter charges.
Day was arrested on May 22, 2014, on a criminal complaint charging him with attempted manslaughter, assault of an intimate partner by strangling, and child abuse. According to the complaint, on May 12, 2014, in Laguna Pueblo within Cibola County, N.M., Day assaulted the victim, a Laguna Pueblo woman, by strangling her and causing her to lose consciousness. Day fled the scene of the assault with the victim’s two young children, an 11-month-old and a two-year-old, to a nearby mesa. Court documents indicate that the victim suffered a severe stroke as a result of the strangulation which required her to undergo emergency brain surgery to relieve swelling and bleeding in the brain.
Day subsequently was indicted on June 11, 2014, and charged with (1) assaulting an intimate partner by strangling; (2) attempted manslaughter; and (3) endangering the lives and health of two children.
On March 11, 2015, Day pled guilty to Counts 1 and 2 of the indictment. In entering his guilty plea, Day admitted that on May 12, 2014, he assaulted the victim by placing his knee on her neck and placing his hand over her mouth causing her to suffocate. Day acknowledged that he attempted to kill the victim by impeding the victim’s breathing causing her to lose consciousness.
U.S. Attorney Damon P. Martinez commended the FBI, BIA and Pueblo of Laguna Tribal Police Department on their outstanding investigation of this case and also noted the invaluable work of the Victim Advocates who assisted the victim to reclaim her life as she recuperated from the life threatening injuries she sustained at the hands of her intimate partner. “Victim Advocates play a critically important role in violent crime cases. In addition to assisting victims to obtain the services they require to ease the impact of victimization and to assert their rights in the criminal justice system, they often speak on behalf of victims,” said U.S. Attorney Martinez. “The Victim Advocates from the BIA, FBI, Laguna Pueblo and the U.S. Attorney’s Office did all that and more in this case. In this case, the Victim Advocates helped the victim find her own voice so that she no longer views herself as a victim. Today she is a survivor who is using her voice to help other women who are victims of domestic violence.”
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA Office of Justice Services, and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney David Adams prosecuted the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Clovis Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Michael Montoya, 37, of Clovis, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Montoya will be sentenced within the range of 121 to 151 months in federal prison followed by a term of supervised release to be determined by the court.
Montoya and his co-defendants, Brian Acuna, 23, and Dianna Hernandez-Trujillo, 24, both of Clovis, N.M., and Alexander Page, 28, of Tucumcari, N.M., were arrested in Nov. 2013, on a six-count indictment charging them with trafficking methamphetamine in three New Mexico counties. Count 1 charged Montoya and his co-defendants with conspiracy to distribute methamphetamine in Curry County, N.M., between Oct. 2007 and Nov. 2013. Count 2 charged Montoya with possession of methamphetamine with intent to distribute on Oct. 11, 2011 in Curry County. Count 3 charged Montoya and Acuna, and Hernandez-Trujillo with possession of methamphetamine with intent to distribute on March 27, 2012, in Cibola County. Count 4 charged Montoya and Page with possession of methamphetamine with intent to distribute on Nov. 7, 2012, in Socorro County. Count 5 charged Montoya with money laundering for purchasing a residence with money derived from a drug trafficking activity on Sept. 22, 2010. Count 6 charged Acuna with using and carrying a firearm in relation to a drug trafficking crime on March 27, 2012, in Cibola County.
During today’s proceedings, Montoya pled guilty to Count1 of the indictment charging him with conspiracy to distribute methamphetamine and Count 5 charging him with money laundering. In his plea agreement, 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, as well as providing the vehicles Acuna and Page were driving.
In entering his guilty plea, Montoya also admitted that on Sept. 22, 2010, he purchased a residence Clovis with proceeds from his ongoing narcotics activities. He also admitted that drug trafficking proceeds were his only source of income from 2005 through 2011, and that he did not file federal income tax returns on that income during those years.
Montoya is in federal custody pending his sentencing hearing, which has yet to be scheduled.
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. His sentencing hearing is currently scheduled for Oct. 13, 2015.
Acuna pled guilty on June 26, 2014, to Counts 1 and 3 of the indictment, charging him with participation in a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute. He also pled guilty to Count 6 of the indictment, charging him with 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 remains in federal custody pending his sentencing hearing, which has not yet been scheduled.
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.
Albuquerque Man Sentenced to Prison for Federal Synthetic Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Sabah Al-Washah, 48, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison followed by three years of supervised release for his conviction on “spice” trafficking. Sabah Al-Washah is one of three men arrested in the District of New Mexico in May 2014, as part of Project Synergy Phase II, a nationwide investigative effort by the DEA, Customs and Border Protection, Homeland Security Investigations, FBI, IRS and other federal, state, and local partners. Project Synergy Phase II targeted every level of the dangerous global synthetic designer drug market. From Jan. 2014 through May 2014, nationwide enforcement operations took place targeting the drug trafficking organizations that have operated in communities across the country.
Sabah Al-Washah and his co-defendants, Iman Al-Washah, 25, and Amjad Al-Washah, 26, also of Albuquerque, were charged with “spice” trafficking charges in criminal complaints. Sabah Al-Washah, the owner of Carlos’ Smoke Shop, was charged with conspiracy and aiding and abetting the distribution of a controlled substance analogue based on a sale of synthetic cannabinoid to an undercover officer at the smoke shop on Jan. 7, 2014. Sabah Al-Washah also was charged with maintaining drug-involved premises. Amjad Al-Washah was charged with distribution of a controlled substance analogue based on his sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop at 806 Old Coors Drive SW in Albuquerque on Dec. 4, 2013. Iman Al-Washah was charged with conspiracy and distribution of a controlled analogue based on his participation in the sale of synthetic cannabinoid to an undercover officer at Carlos’ Smoke Shop on Jan. 7, 2014.
The three men subsequently were charged in a four-count indictment filed on May 21, 2014. Count 1 charged the three men with conspiracy to distribute a controlled substance analogue from Dec. 4, 2013 through May 7, 2014. Count 2 charged Sabah Al-Washah and Amjad Al-Washah with distributing a controlled substance analogue on Dec. 4, 2013. Count 3 charged Sabah Al-Washah and Iman Al-Washah with distributing a controlled substance on Jan. 7, 2014, and Count 4 charged Sabah Al-Washah with maintaining a place, Carlos Smoke Shop, for the purpose of manufacturing, distributing, and using a controlled substance analogue. The indictment also called for the forfeiture of multiple vehicles and cash obtained through the drug offenses charged in the indictment.
On April 28, 2015, Sabah Al-Washah pled guilty to Count 3 of the indictment and admitted that Iman Al-Washah and he sold 30 packets of “spice” to an undercover law enforcement officer. In his plea agreement, Sabah Al-Washah agreed to forfeit a 2011 Cadillac, a 2012 Camaro, a 2013 Dodge Viper, a 2008 Lamborghini, a 2004 Dodge Viper, a 2005 Cadillac and a 2011 Camaro.
Amjad Al-Washah pled guilty on Feb. 11, 2015, to Count 2 of the indictment and admitted that on Dec. 4, 2013, he sold ten packets of “spice” to an undercover law enforcement officer for $200.00 at Carlos’ Smoke Shop. At his sentencing hearing, which has not been scheduled, Amjad Al-Washah faces a statutory maximum penalty of 20 years in federal prison followed by a minimum of three years of supervised release.
Iman Al-Washah pled guilty on April 9, 2015, to Count 3 of the indictment, and admitted that he sold 30 packets of “spice” along with Sabah Al-Washah to an undercover law enforcement officer. Iman Al- Washah was sentenced on July 23, 2015, to three years of probation.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorneys Jennifer M. Rozzoni and Stephen R. Kotz.
The controlled substance analogues charged in the complaints and indictment are commonly referred to as synthetic marijuana or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Albuquerque Man Pleads Guilty to Armed Robbery of Eight Albuquerque-Area Businesses in Summer 2014Read the Press Release
ALBUQUERQUE – Jose Rodriguez, 23, of Albuquerque, N.M., pleaded guilty today in federal court to violating the Hobbs Act and firearms laws by robbing eight businesses involved in interstate commerce at gunpoint. 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, and Chief Gorden Eden, Jr., of the Albuquerque Police Department.
Rodriguez was charged in March 2014, in a four-count indictment alleging that he robbed two Albuquerque-area businesses that were engaged in interstate commerce. It further alleged that Rodriguez brandished firearms during each of the two robberies. Rodriguez was arrested on April 22, 2015, after he was transferred to federal custody from state custody where he was being held on related state charges which were later dismissed in favor of federal prosecution.
During today’s proceedings, Rodriguez entered a guilty plea to a nine-count felony information charging him with violating the Hobbs Act and federal firearms laws. The first eight counts of the information charged Rodriguez with interfering with interstate commerce by robbing the following eight businesses between June 2014 and Aug. 2014:
- Papa John’s Pizza on Gibson Blvd. SE in Albuquerque on June 29, 2014;
- Twisters on Gibson Blvd SW in Albuquerque on July 5, 2014;
- Flowers Bakery on Gibson Blvd. SE in Albuquerque on July 14, 2014;
- Pump-N-Save gas station on Menaul Blvd. NE in Albuquerque on July 17, 2014;
- Krispy Kreme on Wyoming Blvd NE in Albuquerque on July 30, 2014;
- M&M Gas Station on Coors Blvd. NW in Albuquerque on Aug. 5, 2014;
- Phillips 66 Gas Station on Coors Blvd. NW in Albuquerque on Aug. 6, 2014;
- Church’s Chicken on Central Ave NW in Albuquerque on Aug. 7, 2014.
The ninth count of the information charged Rodriguez with brandishing a firearm during a crime of violence, specifically, the robbery of the Church’s Chicken on Aug. 7, 2014. In addition, in his plea agreement, Rodriguez admitted that he used a firearm, which he brandished at employees of the businesses he robbed, during seven of the eight robberies.
Under the terms of his plea agreement, Rodriguez will be sentenced to a prison term within the range of 36 to 60 months on Counts 1 through 8, the Hobbs Act charges, of the information, and to 84 months on Count 9, the firearms charge. The 84 months must be served consecutive to the sentence imposed on the Hobbs Acts counts for a prison sentence of not less than 120 months and not more than 144 months. Rodriguez has been in federal custody since his arrest and remains detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.
The case is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei 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.
Hobbs Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Arturo Dominguez Morales, 44, of Hobbs, N.M., pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Morales was arrested on June 30, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute, according to the complaint, on June 28, 2015, in Lea County, N.M., after agents of the Lea County Drug Task Force (LCDTF) seized approximately 233.6 grams of methamphetamine from Morales’s vehicle.
During today’s proceedings, Morales pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Morales admitted that on June 28, 2015, LCDTF agents found 232 grams of methamphetamine in his vehicle at the Econo Lodge Motel in Hobbs, where Morales was delivering the methamphetamine to another individual.
At sentencing, Morales faces a statutory minimum of five years in federal prison and a maximum of 40 years followed by not less than four years of supervised release. Morales has been in custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the 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.
Federal Court in New Mexico Dismisses Drug Addict’s Lawsuit Against United States and DEA AgentsRead the Press Release
ALBUQUERQUE – The U.S. District Court for the District of New Mexico issued orders today dismissing a lawsuit filed by a drug addict against the United States and five DEA agents and supervisors.
Plaintiff Aaron Romero filed his lawsuit on July14, 2014, in which he alleged that undercover DEA agents wrongfully supplied him with cocaine base, more commonly known as crack, thus “reigniting” his previous addiction to crack. Romero sought $8,500,000.00 in damages from the United States, the DEA agents and their supervisors.
In a 16-page opinion, the court dismissed Romero’s claims against the United States after finding that the law does not allow a person to recover when their own wrongful conduct was the cause of his or her injuries. The court concluded that because Romero admitted that his own illegal use of drugs was the cause of his injuries, he could not hold others, including the United States, responsible for his injuries.
In a separate 36-page opinion, the court also dismissed claims that DEA agents intentionally targeted Romero to “stack” drug-related charges against him. It also dismissed the claims against the agents’ supervisors. The court ruled that Romero’s suit was barred by his acknowledgement that the government acted for a legitimate investigative purpose in fighting drug crime.
Assistant U.S. Attorneys Ruth F. Keegan and Karen F. Grohman represented the United States in this civil litigation.
romero_usa_order.pdf (85.2 KB) romero_judgment.pdf (43.46 KB) romero_agents_order.pdf (139.78 KB)
Thoreau, N.M., Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Anthony J. Hamilton, 30, an enrolled member of the Navajo Nation who resides in Thoreau, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assault charges. Under the terms of his plea agreement, Hamilton will be sentenced to 41 months in prison followed by a term of supervised release to be determined by the court.
Hamilton was arrested on June 11, 2015, on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm and assault resulting in serious bodily injury in Indian Country. Court documents indicate that on May 18, 2015, law enforcement officers were notified that Hamilton had allegedly assaulted two Navajo men and a Navajo woman in McKinley County, N.M.
During today’s proceedings, Hamilton pled guilty to a felony information charging him with two counts of assault resulting in serious bodily injury. In entering the guilty plea, Hamilton admitted that on May 18, 2015, he repeatedly struck two victims on the face, head and body with his fists and elbows. Hamilton further admitted that he caused an acute depressed fracture and a concussion to one victim and an acute bilateral fracture to the bones within the other victim’s orbital and sinus structures.
Hamilton remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Department of Public Safety and the Gallup office of the FBI and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.
San Felipe Pueblo Man Pleads Guilty to Assaulting Kewa Pueblo ChildRead the Press Release
ALBUQUERQUE – Gregory Kyle Chavez, Jr., 28, a resident and member of San Felipe Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a federal assault charge. Under the terms of his plea agreement, Chavez will be sentenced within the range of six to 14 months in prison followed by a term of supervised release to be determined by the court.
Chavez was arrested on July 6, 2015, on a criminal complaint charging him with assault resulting in substantial bodily injury to a two-year-old Kewa Pueblo child. According to the complaint, on June 13, 2015, in Indian Country in Sandoval County, N.M., Chavez allegedly assaulted the child resulting in injuries to the child’s left facial and forehead area including dark bruising and swelling to the left eye, left cheek, right jaw and bruising on the neck.
During today’s plea hearing, Chavez pled guilty to an information charging him with assault resulting in substantial bodily injury. He admitted that on June 13, 2015, within the Kewa Pueblo, he assault the 2-year-old child causing substantial bodily injury.
Chavez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Sarah Mease.
Roswell Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jaime Juan Alvarado, 37, of Roswell, N.M., was sentenced this afternoon in federal court in Las Cruces, N.M., to 60 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Alvarado was arrested on Jan. 20, 2015, in Roswell after agents and officers from the DEA, Chaves County Metro Narcotics Task Force and the Lea County Drug Task Force executed a federal search warrant at his residence. According to the criminal complaint, the law enforcement officers seized approximately 35.7 grams of methamphetamine, heroin, several safes and a digital scale when they executed the search.
On March 25, 2015, Alvarado pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Alvarado admitted that on Jan. 20, 2015, in Chaves County, N.M., agents executed a federal search warrant on his residence and found methamphetamine in his kitchen which he planned to distribute to others.
This case was investigated by the Las Cruces office of the DEA, the Chaves County Metro Narcotics Task Force and the Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted this case.
The 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 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.
The Chaves County Metro Narcotics Task Force and the Lea County Drug Task Force are 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.
Justice Department Reaches Agreement with San Juan County, New Mexico, to Improve AccessibilityRead the Press Release
The Justice Department today announced a settlement agreement with San Juan County, New Mexico, to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA). In July 2015, the department celebrated the 25th anniversary of the ADA and the department’s PCA initiative has now resulted in over 200 agreements with cities, town and counties. Today’s agreement will enhance access to all aspects of civic life for persons with disabilities in San Juan County.
The department’s PCA agreement with San Juan County requires the county to make physical modifications to county facilities to ensure that its parking, routes into buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to persons with disabilities. San Juan County also agreed post, publish and distribute a notice on the provisions of the ADA and its applicability to the county’s programs, services and activities as well as provide information to interested persons with disabilities concerning the existence and location of the county’s accessible services, activities and programs. Further, the county will also establish, implement, and post online a policy that the county’s web pages must be accessible and ensure that all of its new and modified pages are accessible. Notably, this agreement also requires the county to ensure that the county’s official website and other web-based services conform to industry guidelines – the Web Content Accessibility Guidelines (WCAG) 2.0 – for making web content accessible.
“This summer we celebrated the 25th anniversary of the ADA and reflected on the great strides we all have made in making the country more accessible to persons with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “As we move into the next quarter century of civil rights for persons with disabilities, we know that there is still much to be done. This agreement is one of many examples of the efforts the division is making with state and local government to ensure that their citizens with disabilities attain equal access to all of their programs, activities and services.”
For more information about the ADA, today’s agreement, the Project Civic Access initiative, individuals may access the ADA Web page at http://www.ada.gov/civicac.htm or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).
Mexican National Sentenced to 97 Months for Trafficking Methamphetamine in New MexicoRead the Press Release
ALBUQUERQUE – Jorge Luis Garcia-Valenzuela, 22, a Mexican national illegally residing in Lakeside, Ariz., was sentenced this afternoon in federal court in Albuquerque, N.M., to 97 months in prison for conspiring to distribute methamphetamine in Socorro and Catron Counties, N.M. Garcia-Valenzuela will be deported following his term of incarceration.
Garcia-Valenzuela and his co-defendant Emery Lee Begay, 32, of Lakeside, Ariz., were arrested on Oct. 25, 2014, after they traveled to Quemado, N.M., with the intention of selling methamphetamine and marijuana to undercover officers. According to court records, on Aug. 19, 2013, Begay delivered 22.6 grams of methamphetamine and approximately three kilograms of marijuana to the undercover officers in Socorro, after Garcia-Valenzuela negotiated the drug deal with the officers. On Oct. 25, 2014, Garcia-Valenzuela and Begay traveled to Quemado where they intended to consummate a drug deal with undercover officers and were arrested. The officers seized 800 grams of methamphetamine and more than eight kilograms of marijuana when they arrested the two men.
Begay and Garcia-Valenzuela were indicted on Nov. 19, 2014, and charged with conspiracy to distribute methamphetamine and marijuana, distribution of methamphetamine and marijuana, and possession of methamphetamine and marijuana with intent to distribute. According to the indictment, the offenses were committed between Aug. 19, 2014 and Oct. 25, 2014, in Socorro and Catron Counties.
Garcia-Valenzuela entered a guilty plea on June 19, 2015, to a felony information charging him with conspiracy to distribute and possess methamphetamine.
On May 21, 2015, Begay pled guilty to a felony information charging him with participation in a methamphetamine trafficking conspiracy. Begay was sentenced on Aug. 20, 2015, to 60 months in prison followed by three years of supervised release.
This case was investigated by the Albuquerque and Gallup offices of the FBI, the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Ramah Navajo Tribal Police Department. It was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Forty-One Facing Drug Trafficking Charges as a Result of Multi-Agency Investigation in Chaves CountyRead the Press Release
ALBUQUERQUE – Forty-one individuals are facing drug trafficking charges as a result of an eight-month multi-agency investigation led by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office, the New Mexico State Police. Twenty-one of the defendants charged are facing federal charges and the remaining 20 are facing state charges.
The results of the investigation were announced by U.S. Attorney Damon P. Martinez, Fifth Judicial District Attorney Dianna Luce, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, New Mexico State Police Chief Pete Kassetas, Chaves County Sheriff Britt Snyder and Roswell Police Chief Phil Smith.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, initially targeted a drug trafficking organization (DTO) allegedly led by Joseph Ray Mendiola, 34, of Roswell, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. 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.
Sixteen of the 21 defendants facing federal charges are charged in a 24-count indictment that was filed by a grand jury on Sept. 22, 2015. The remaining five federal defendants are charged in criminal complaints. Each of the 20 defendants facing state charges is charged by criminal complaint.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles. Five of the federal defendants, including alleged DTO leader Mendiola, were arrested on July 31, 2015, the date on which the officers executed the 14 federal search warrants.
U.S. Attorney Damon P. Martinez commended the investigating agencies on the outstanding results of their investigation and said, “The charges filed and drugs seized as a result of this investigation illustrate the success of our District’s federal, state, county and local law enforcement collaboration in rooting out drug traffickers operating in Chaves County and improving the quality of life for people who live there.”
“The months of collaboration of federal, state and local law enforcement agencies led to the arrest of numerous active drug traffickers in Chaves County,” said Fifth Judicial District Attorney Dianna Luce. “The District Attorney's Office expresses a special thank you to the agents of the New Mexico State Police for their work on this operation.”
“This operation demonstrates how a team of federal, state and local law enforcement agencies, working closely with the U.S. Attorney’s Office, can make a big difference in the communities we serve and protect. Dozens of special agents, state troopers, sheriff’s deputies, police officers, intelligence analysts and other professionals worked together to take some of the worst of the worst drug offenders off our streets,” said FBI Special Agent in Charge Carol K.O. Lee. “The FBI and our partners will continue to go after drug-traffickers and others who try to harm our communities, regardless of where these criminals hide or how long it takes.”
“Today’s law enforcement activity in the Roswell area once again makes it abundantly clear that DEA and our law enforcement partners will use all of our investigative tools and resources to keep our smaller communities safe from drug trafficking organizations,” said DEA Special Agent in Charge Will R. Glaspy. “Criminal activity that threatens the safety and well-being of our citizens will not be tolerated.”
“The citizens of New Mexico are safer today as the result of this cooperative effort between law enforcement agencies,” said New Mexico State Police Chief Pete Kassetas. “The cooperation was outstanding and I cannot express my gratitude enough to all the agencies involved. Together, we have made a difference in our state. This operation reinforces to those that choose to break the law, that they will suffer the consequences.”
“Teamwork with our federal, state and local partners is how we got to today,” said Chaves County Sheriff Britt Snyder. “I greatly appreciate that team effort.”
Roswell Police Chief Phil Smith said, "The investigation was a great collaborative effort between the Roswell Police Department and the FBI, successfully removing both drugs and their dealers/pushers from our Roswell community."
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. The state cases were investigated by the New Mexico State Police In addition to the aforementioned agencies, the Pecos Valley Drug Task Force and Lea County Drug Task Force participated in today’s law enforcement operation. Assistant U.S. Attorney Randy M. Castellano is prosecuting the federal cases, and the Fifth Judicial District Attorney’s Office is prosecuting the state cases.
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.
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 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.
Indictment in United States v. Mendiola, et al., 15-CR-3386-RB
Summary of the Charges
Count 1 of the Indictment charges 15 of the 16 defendants with conspiracy to distribute methamphetamine in Chaves County between June 2015 and July 2015. For 11 of the federal defendants, the statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life. For four defendants, the statutory penalty for a conviction on this count is not more than 20 years of imprisonment.
Count 2 charges three defendants with conspiracy to distribute cocaine in Chaves County in July 2015. The statutory penalty for a conviction on this count is not more than 20 years of imprisonment.
Count 3 charges certain defendants with possession of methamphetamine with intent to distribute in Chaves County on July 17, 2015. The statutory penalty for a conviction on this count is imprisonment for not less than five years and not more than 40 years.
Counts 4, 5, 6 and 7 charge certain defendants with possession of methamphetamine with intent to distribute in Chaves County in July 2015. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life.
Counts 8 through 24 charge certain defendants with using communications devices (telephone) to facilitate drug trafficking crimes. The statutory penalty for a conviction on each of these counts is imprisonment for not more than four years.
Charges Against Federal Defendants
- Joseph Ray Mendiola, 34, of Roswell, N.M., is charged in Counts 1, 2, 4, 5 and 10 to 24. Mendiola was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
- Francisco Fernando Aguilar-Larios, 34, a Mexican national who illegally resides in Phoenix, Ariz., is charged in Counts 1, 4, 5 and 18. Aguilar-Larios was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
- Rodney Boughton, 48, of Roswell, N.M., is charged in Counts 1, 6 and 9. Boughton was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
- James H. Lewis, 50, of Roswell, N.M., is charged in Counts 1 and 6. Lewis was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
- Stephanie Leyba, 41, of Roswell, N.M., is charged in Counts 1 and 6. Leyba was arrested on July 31, 2015, on a criminal complaint and has been in federal custody since that time.
- Louis Escobar, 46, of Roswell, N.M., is charged in Counts 1 and 11. Escobar has yet to be arrested and is considered a fugitive.
- Sergio Ureta-Castro, 38, of Roswell, N.M., is charged in Counts 1, 7 and 14. Ureta-Castro has yet to be arrested and is considered a fugitive.
- Jonathan Ureta-Lopez, 19, of Roswell, N.M., is charged in Counts 1, 7, 10 and 14. Ureta-Lopez has yet to be arrested and is considered a fugitive.
- Gerald Sentell, 44, of Roswell, N.M., is charged in Counts 1, 3, 8 and 9. Sentell has yet to be arrested and is considered a fugitive.
- Susana Ceballos, 35, of Roswell, N.M., is charged in Counts 1, 4, 12, 13 and 16. Cebollos has yet to be arrested and is considered a fugitive.
- Ana Solis, 22, of Roswell, N.M., is charged in Counts 1, 4, 5, 17 and 23. Solis was arrested during this morning’s law enforcement operation and made her initial appearance earlier today in federal court in Roswell.
- Destiny Stephenson, 34, of Roswell, N.M., is charged in Counts 1 and3. Stephenson was arrested during this morning’s law enforcement operation and made her initial appearance earlier today in federal court in Roswell.
- Ty Livingston, 36, of Roswell, N.M., is charged in Counts 1, 22 and 24. Livingston has yet to be arrested and is considered a fugitive.
- Ismael Molina, 29, of Roswell, N.M., is charged in Counts 1, 2 and 15. Molina was rested during this morning’s law enforcement operation and made his initial appearance earlier today in federal court in Roswell.
- Cipriano Anaya, 33, of Las Cruces, N.M., is charged in Counts 1 and 21. Anaya was arrested during this morning’s law enforcement operation and made his initial appearance earlier today in federal court in Roswell.
- Christopher Bernard Larez, 41, of Roswell, N.M., is charged in Counts 1, 2, 19 and 20. Larez has yet to be arrested and is considered a fugitive.
Federal Defendants Charged by Criminal Complaint
The following defendants were arrested during today’s law enforcement operation on federal criminal complaints and made their initial appearances in federal court in Roswell:
- Mia Coy Campbell, 32, of Carlsbad, N.M., is charged by criminal complaint 15-MJ-3315 with being a felon in possession of a firearm. If convicted, Campbell faces a statutory maximum penalty of ten years in prison.
- James Hill, 33, of Roswell, N.M., is charged by criminal complaint with possession of methamphetamine with intent to distribute. If convicted, Hill faces a statutory penalty of not less than five years and not more than 40 years of imprisonment.
- Jason Martinez, 27, of Roswell, N.M., is charged in criminal complaint 15-MJ-3319 with conspiracy and possession of methamphetamine with intent to distribute. If convicted, each faces a statutory penalty of not less than five years and not more than 40 years of imprisonment. His co-defendant Joseph Vallejos, 23, of Roswell, N.M., has yet to be arrested and is considered a fugitive.
- Renee Rodriguez, 31, of Roswell, N.M., is charged in criminal complaint 15-MJ-3314 with conspiracy, possession of methamphetamine with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime. If convicted, she faces a statutory penalty of not less than five years and not more than 40 years of imprisonment on the drug charges and a minimum five years of imprisonment on the firearms charge that must be served consecutive to the sentence imposed on the drug charges. As noted above, co-defendant Joseph Vallejos is a fugitive.
Photographs of the following federal fugitives are attached to this press release: Susana Ceballos, Christopher Larez, Ty Livingston, Gerald Sentell and Joseph Vallejos. 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.
Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
State Defendants Charged by Criminal Complaint
The following defendants were arrested today on state drug trafficking charges:
- Michael Albarez, 33 of Roswell, N.M.
- Raymond Amador, 22, of Roswell, N.M.
- Frederick Bersane, 36, of Roswell, N.M.
- Aaron Brockman, 27, of Roswell, N.M.
- Ann Escamilla Cobos, 41 of Roswell, N.M.
- Lorenzo Cobos, 41, of Roswell, N.M.
- James Dennis, 25, of Roswell, N.M.
- Jose Dimas, 27, of Roswell, N.M.
- Jerry Garcia, 37, of Roswell, N.M.
- Andres Granado, 27, of Roswell, N.M.
- Angelo Hidalgo, 22, of Roswell, N.M.
- Annette Lucero, 44, of Roswell, N.M.
- Jason Lucero, 37, of Artesia, N.M.
- Larissa Madril, 23, of Roswell, N.M.
- Domenic Montes, 25, of Roswell, N.M.
- Danielle Paslay, 24, of Roswell, N.M.
- Armando Primera, 46, of Dexter, N.M.
- Alexander Roberson, 24, of Roswell, N.M.
- Brandon Dean Shelton, 44, of Roswell, N.M.
- Jose Trujillo, 25, of Albuquerque, N.M.
Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Albuquerque Man and Mexican National Sentenced to Prison for Violating Federal Narcotics Trafficking Laws in New MexicoRead the Press Release
ALBUQUERQUE – Luis Juan Contreras-Cano and Carlos Davenport were sentenced to prison today in federal court in Albuquerque, N.M., for violating the federal narcotics trafficking laws. Contreras-Cano, 20, a Mexican national residing in Albuquerque, was sentenced to 97 months in prison. He will be deported following his incarceration. Davenport, 41, of El Paso, Texas, was sentenced to 15 years in prison followed by five years of supervised release.
Contreras-Cano and Davenport were arrested on Dec. 13, 2014, in Bernalillo County, N.M., after law enforcement officers, on a criminal complaint, searched the vehicle in which the two men were traveling and found ten pounds of methamphetamine and two firearms. Contreras-Cano and Davenport were subsequently indicted on Jan. 8, 2015, and charged with conspiracy to possess methamphetamine with intent to distribute, possession of methamphetamine with intent to distribute, and using and carrying firearms in relation to a drug trafficking crime. All offenses took place in Bernalillo County.
On June 24, 2015, Contreras-Cano pled guilty to a felony information charging him with conspiracy to distribute methamphetamine. In entering the guilty plea, Contreras-Cano admitted that while driving through Bernalillo County on Dec. 13, 2014, he and Davenport were stopped by Albuquerque Police officers who found ten pounds of methamphetamine, two firearms and ammunition during a search of their vehicle. Contreras-Cano further admitted that he and Davenport had acquired to the methamphetamine in Phoenix, Ariz., and were planning to redistribute the methamphetamine.
On June 17, 2015, Davenport pled guilty to Counts 1 and 3 of the indictment charging him with conspiracy to distribute methamphetamine and using and carrying a firearm in relation to a drug trafficking crime.
This case was investigated by the Albuquerque offices of the FBI and Homeland Security Investigations (HSI) and the Albuquerque Police Department. Assistant U.S. Attorneys James R.W. Braun and Joel R. Meyers prosecuted the case.
Armed Career Criminal from Albuquerque Pleads Guilty to Unlawfully Possessing Firearm in Santa Ana PuebloRead the Press Release
ALBUQUERQUE – Joseph Ernest Purcella, III, 35, of Albuquerque, N.M., pled guilty this morning in federal court to being a felon in possession of a firearm and ammunition. Under the terms of his plea agreement, Purcella will be sentenced to 180 months in federal prison if the court determines that he is an armed career criminal.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI), and Chief William Kurth of the Santa Ana Pueblo Tribal Police Department.
Purcella was arrested on Oct. 30, 2014, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition in Sandoval County, N.M., on April 7, 2014. At the time, Purcella previously had been convicted of several felony offenses, including aggravated battery, burglary, battery on a police officer, trafficking a controlled substance, and possession of a controlled substance. Purcella subsequently was indicted on the same charge on Nov. 19, 2014.
According to court filings, on April 7, 2014, officers of the Santa Ana Pueblo Tribal Police Department went to the Santa Ana Star Casino in response to a report of an armed robbery. They arrested Purcella, who was identified as the alleged robber, on state charges filed by the 13th Judicial District Attorney’s Office. The state charges were dismissed after federal charges were filed against Purcella.
During today’s proceedings, Purcella pled guilty to the indictment and admitted to unlawful possession of a firearm on April 7, 2014. Purcella has been in federal custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
U.S. Attorney Damon P. Martinez said that Purcella was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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 was investigated by the Albuquerque office of Homeland Security Investigations and the Santa Ana Pueblo Police Department, with assistance from the 13th Judicial District Attorney’s Office. Assistant U.S. Attorney Jacob A. Wishard is prosecuting the case.
Albuquerque Woman Pleads Guilty to Prescription Drug Trafficking and Theft Charges Arising Out of Armed Robbery of Retail Pharmacy in January 2015Read the Press Release
ALBUQUERQUE – Josephine Duran, 23, of Albuquerque, N.M., pleaded guilty this morning in federal court to prescription drug trafficking and theft of medical products charges arising out of the armed robbery of an Albuquerque-area retail pharmacy in Jan. 2015. Under the terms of her plea agreement, Duran will be sentenced to a prison term within the range of 48 to 100 months.
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.
Duran 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 Duran, her co-defendant Blake Gallardo, 22, and four other Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies, including violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.
At the time the indictments were announced, Duran and Gallardo had not been arrested and were considered fugitives. Thereafter, Duran was arrested on May 22, 2015, and Gallardo was arrested on June 11, 2015.
Duran and Gallardo were charged by indictment in 15-CR-1504 with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandishing a firearm during a crime of violence; (3) violating the Controlled Substance Registrant Act by committing robbery involving controlled substance; (4) violating the Safe Doses Act by committing theft of medical products; and (5) possession of Oxycodone with intent to distribute. These charges arose out of the armed robbery of a Walgreens Pharmacy located at 6565 Paradise Blvd. NW in Albuquerque on Jan. 30, 2015.
Today Duran entered a guilty plea to Count 5 of the indictment charging her with possession of Oxycodone with intent to distribute, and to a felony information charging her with theft of medical products. In her plea agreement, Duran who knew of the robbery in advance, admitted to knowingly taking Gallardo’s loaded firearm and the Oxycodone Gallardo stole from the Walgreens Pharmacy on Jan. 30, 2015, while Gallardo attempted to flee from law enforcement. Duran admitted that she intended to distribute the stolen Oxycodone. Duran remains in custody pending a sentencing hearing which has yet to be scheduled.
On Sept. 4, 2015, Gallardo entered a guilty plea to Counts 1, 2, 3 and 5 of the indictment. He also pleaded guilty to a felony information charging him with robbery involving controlled substance, a charge arising out of the June 6, 2015 robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque. Under the terms of his plea agreement, which encompasses both robberies, Gallardo will be sentenced to a prison term within the range of 15 to 20 years. Gallardo remains in custody pending a sentencing hearing which has yet to be scheduled.
In his plea agreement, Gallardo admitted robbing both Walgreens Pharmacies at gunpoint. With respect to the Jan. 30, 2015 robbery, Gallardo entered the pharmacy, jumped over the pharmacy counter while brandishing a firearm, and ordered the pharmacist to open a locker in which controlled substances were stored. Gallardo pointed his firearm at the pharmacist, took her keys, opened the locker, and filled a bag with oxycodone. Gallardo and Duran were arrested on state charges shortly after the robbery.
During the June 6, 2015, robbery, the plea agreement states that Gallardo was armed with a firearm when he entered the pharmacy and jumped over on the pharmacy counter. He grabbed two pharmacy employees and directed them to the pharmacy’s controlled substance locker. Gallardo took several bottles of oxycodone from the locker and ran out of the pharmacy.
With respect to the four defendants who are charged in three other pharmacy robbery cases, two have entered not guilty pleas and are detained pending trial. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law. The other two defendants have entered guilty pleas and remain detained pending sentencing hearings.
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. Hurtado’s sentencing hearing is scheduled for Oct. 1, 2015.
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.
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.
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.
***media Advisory***Read the Press Release
ALBUQUERQUE -- Officials from the U.S. Attorney's Office, FBI, District Attorney's Office for the 5th Judicial District of the State of New Mexico, New Mexico State Police, Chaves County Metro Narcotics Task Force, Roswell Police Department and Chaves County Sheriff's Office will hold a press conference to discuss a major law enforcement operation in Chaves County, New Mexico, TODAY, SEPTEMBER 24, 2015 at 3:00 P.M. at the National Guard Armory in Roswell, N.M. No further information will be released until the press conference.
WHO: U.S. Attorney Damon P. Martinez for the District of New Mexico
Special Agent in Charge Carol K.O. Lee, FBI’s Albuquerque Division
Fifth Judicial District Attorney Dianna Luce
Chaves County Sheriff Britt Snyder
Roswell Police Chief Phil Smith
Chaves County Metro Narcotics Task Force Commander Alan Stevenson
Major Tim Johnson of the New Mexico State Police
WHAT: Press conference to discuss major law enforcement operation in Chaves County, New Mexico
WHEN: THURSDAY, SEPTEMBER 24, 2015 AT 3:00 P.M.
WHERE: National Guard Armory
1 West Earl Cummings Loop
Roswell, New Mexico
OPEN PRESS
NOTE: All media must present government-issued photo ID (such as driver’s license) as well as valid media credentials. Media may begin to arrive at 2:45 p.m. Inquiries regarding logistics should be directed to Frank Fisher, Media Coordinator for the FBI at 505-681-8906 or