District of New Mexico
Press releases recorded for this federal judicial district.
Albuquerque Man Sentenced to Prison for Federal Armed Bank Robbery and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Jeremy Gabriel Trujillo, 35, of Albuquerque, N.M. was sentenced today in federal court to 130 months in prison followed by five years of supervised release for his conviction on armed bank robbery and firearms charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Trujillo was arrested on July 28, 2014, on a criminal complaint charging him with robbing the Bank of Albuquerque branch on Wyoming Blvd. NE in Albuquerque, N.M. The criminal complaint alleged that Trujillo robbed the bank at gunpoint that day. On Aug. 26, 2014, Trujillo was indicted and charged with being a felon in possession of a firearm and ammunition; armed bank robbery; and brandishing a firearm during a crime of violence. Court records reflect that in July 2014, Trujillo was prohibited from possessing firearms or ammunition because he previously had been convicted of at least two felony offenses.
On Dec. 11, 2014, Trujillo entered guilty pleas to Counts 2 and 3 of the indictment charging him with armed bank robbery and brandishing a firearm during a crime of violence. Trujillo admitted entering the Bank of Albuquerque branch and brandished a firearm in the direction of three bank tellers while demanding that they give him cash. After the bank tellers complied with his demands, Trujillo left the bank.
During today’s sentencing hearing, Trujillo was ordered to pay restitution to the Bank of Albuquerque. Trujillo also was ordered to pay restitution to two other Albuquerque-area banks which were robbed at gunpoint in April 2014 and May 2014.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney David M. Walsh prosecuted 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.
Prior Felon from Eunice Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Ramon Perez, Sr., 34, of Eunice, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 72 months in prison followed by three years of supervised release for violating federal firearms laws.
Perez 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 under this initiative.
Perez was arrested on Nov. 17, 2014, on an indictment charging him with unlawfully possessing firearms and ammunition on Dec. 31, 2013, in Lea County, N.M. At the time, Perez was prohibited from possessing firearms and ammunition because he previously had been convicted of numerous felony offenses including possession of cocaine, discharging a firearm, possession of narcotics with intent to distribute, possession of a firearm during the commission of a felony and possession of a controlled substance.
On March 25, 2015, Perez pled guilty to the indictment and admitted possessing three pistols, two of which had obliterated serial numbers, and multiple rounds of ammunition.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lea County Drug Task Force and the New Mexico State Police. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted 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.
Mexican National Pleads Guilty to Federal Narcotics Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Maria Marcelina Cardoza-Burciaga, 39, a Mexican national, pleaded guilty this afternoon in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Cardoza-Burciaga, and co-defendant Joel Dominguez-Morales, 40, a Mexican national, were arrested in May 2015, on a criminal complaint charging them with possession of methamphetamine with intent to distribute. The criminal complaint charged the duo with negotiating the sale of eight pounds of methamphetamine to an undercover agent in early May 2015, in Lea County, N.M. It also alleged that they were arrested on May 6, 2015, when they attempted to complete the drug deal.
Cardoza-Burciaga and Dominguez-Morales were subsequently indicted on July 23, 2015, in a one-count indictment that also charged three other defendants: Jose Manuel Trujillo, 40, a Mexican national, Myrna Orozco, 31, of Denver City, Texas, and Javier Amador Flores, 48, of Hobbs, N.M. According to the indictment, the five defendants conspired to distribute methamphetamine from May 1, 2015 through May 6, 2015, in Lea County.
During today’s proceedings, Cardoza-Burciaga pled guilty to the indictment and admitted that on May 6, 2015, she conspired with her co-defendants to distribute methamphetamine. She also admitted delivering methamphetamine to one of her co-defendants at an abandoned bar in Hobbs. She acknowledged that she delivered the methamphetamine for the purpose of distributing it to other individuals.
At sentencing, Cardoza-Burciaga faces a maximum statutory penalty of 20 years in prison followed by not less than three years of supervised release. She remains in custody pending a sentencing hearing which has yet to be scheduled.
Dominguez-Morales, Orozco and Flores have entered not guilty pleas to the indictment and are awaiting trial. Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt. Trujillo has yet to be arrested and is considered a fugitive.
This case was investigated by Homeland Security Investigations, U.S. Customs and Border Protection, and the Lea County Drug Task Force. Assistant U.S. Attorney Brock Taylor 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.
Curry County Woman Sentenced to 60 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jeanette Driever, 38, of Grady, N.M., was sentenced today in Albuquerque, N.M., to 60 months in prison for her methamphetamine trafficking conviction. Driever will be on supervised release for five years after completing her prison sentence.
Driever and her three co-defendants, Christopher Jason Kidd, 38, Tina Tafoya, 33, and John Jesse Perez, Jr., 46, all of Clovis, 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.
Driever and Perez 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. Driever admitted that she and Perez obtained quantities of methamphetamine from Kidd and Tafoya and then distributed the methamphetamine to others. Perez acknowledged participating in a methamphetamine trafficking conspiracy that involved Driever, Kidd, Tafoya and 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. Under the terms of his plea agreement, Perez will be sentenced to 36 months followed by a period of supervised release to be determined by the court. Perez remains in custody pending his sentencing hearing which is currently scheduled for Sept. 22, 2015.
This case was investigated by the Las Cruces 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 is prosecuting the case.
Acoma Pueblo Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Dwight T. Brown, 18, a member and resident of Acoma Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to an involuntary manslaughter charge. The guilty plea was entered without the benefit of a plea agreement.
Brown was arrested on April 15, 2015, on a criminal complaint charging him with killing an Indian child on April 9, 2015, while driving under the influence of alcohol on the Acoma Pueblo in Cibola County, N.M. During today’s hearing, Brown pled guilty to a felony information charging him with involuntary manslaughter in connection with the death of the victim.
At sentencing, Brown faces a statutory maximum penalty of eight years in federal prison. Maximum potential sentences are prescribed by Congress and the sentence imposed on Brown will be determined by the court. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
Newcomb, N.M., Man Sentenced to Prison for Federal Aggravated Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Michael Randolph, 31, an enrolled member of the Navajo Nation who resides in Newcomb, N.M., was sentenced this morning in Albuquerque, N.M., for an aggravated sexual abuse charge. Randolph was sentenced to 144 months in prison followed by ten years of supervised release. He will be required to register as a sex offender after he completes his prison sentence.
Randolph was arrested on Dec. 30, 2013, on a criminal complaint alleging that he sexually abused a child under the age of 12 years on Dec. 19, 2013, within the Navajo Indian Reservation in San Juan County, N.M. Randolph subsequently was indicted on that same charge.
On Feb. 18, 2015, Randolph entered a guilty plea to a felony information charging him with aggravated sexual abuse. Randolph admitted assaulting the victim by intentionally touching the victim’s genitalia with his hands and fingers.
This case was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Mescalero Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Christopher Bigmouth, 25, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty this afternoon in Las Cruces, N.M., to an assault resulting in serious bodily injury charge. Under the terms of his plea agreement, Bigmouth will be sentenced to 84 months in prison followed by a term of supervised release to be determined by the court.
Bigmouth was arrested on Feb. 20, 2015, on a criminal complaint charging him with assaulting a 14-month-old child on Aug. 22, 2014, by dropping the victim on her head three times. It alleged that the assault occurred on the Mescalero Apache Indian Reservation in Otero County, N.M., The victim was seriously injured and required emergency brain surgery to reduce swelling of the brain.
During today’s proceedings, Bigmouth pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the plea, Bigmouth admitted that on Aug. 22, 2014, he intentionally dropped the victim on the floor three times, and that his actions resulted in several injuries to the victim including significant brain swelling requiring emergency surgery and long term cognitive, motor and visual impairment. A sentencing hearing has yet to be scheduled.
This case was investigated by Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Resident Sentenced to Five Years in Federal Prison for Trafficking Heroin in Doña Ana CountyRead the Press Release
ALBUQUERQUE – Angel Linares, 20, of Las Cruces N.M., was sentenced today in Las Cruces federal court to five years in federal prison followed by four years of supervised release for heroin trafficking charges in connection with five cases filed in 2013, as the result of a multi-agency investigation into drug trafficking in Doña Ana County, N.M.
Linares, together with a Mexican national and 19 other Las Cruces residents, were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted the heroin trafficking activities of Jovita Belmonte-Gonzalez in Doña Ana County. Belmonte-Gonzales, 45, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, was named as the lead defendant in four of five indictments which charged her with supplying heroin to five drug trafficking organizations that distributed heroin in Doña Ana County.
The lead defendant, Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
Linares entered a guilty plea on Oct. 7, 2014, to a conspiracy to possess heroin with intent to distribute charge. Linares admitted to facilitating the trafficking of approximately 250 grams of heroin between co-defendants and Belmonte-Gonzalez from Sept. 21, 2013 through Oct. 22, 2013.
All 21 of the defendants as a result of the investigation have entered guilty pleas. Ten defendants have been sentenced, and the rest are currently awaiting sentencing hearings.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
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.
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.
Carlsbad Woman Sentenced for Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Wanda Jo Bunch, 62, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to 33 months in federal prison followed by two years of supervised release for her methamphetamine trafficking conviction.
Bunch was arrested on Oct. 16, 2014, on a criminal complaint alleging that she possessed methamphetamine with intent to distribute in Eddy County, N.M., on Sept. 2, 2014. According to the complaint, agents with the Pecos Valley Drug Task Force executed a search warrant on Bunch’s residence where they seized almost 200 grams of marijuana, 92.78 grams of methamphetamine and $4,886.00.
On Jan. 15, 2015, Bunch pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. Bunch admitted that on Sept. 2, 2014, she possessed methamphetamine in her residence which she intended to deliver to another person.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Acoma Pueblo Woman Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Aiela Salvador, 28, a member and resident of Acoma Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a misdemeanor child abuse charge.
Salvador was arrested on July 18, 2013, on a criminal complaint alleging that on June 25, 2013, in Cibola County, N.M., she endangered the lives and safety of two children, a 3-year-old and 2-year-old, by passing out due to heavy intoxication and abandoning the children. The children were unkempt and neglected in a house without power or running water, and the two-year-old was found wandering outside the house. The children, who did not suffer bodily injury, were taken to the Acoma Social Services Department. Salvador was subsequently indicted on Aug. 7, 2013, and charged with committing child abuse by placing the children in a situation that may have endangered their lives or health.
During today’s proceedings, Salvador pled guilty to an information charging her with misdemeanor abandonment of a child. Salvador admitted that on June 25, 2013, she abandoned two children when she consumed alcoholic beverages to the point of passing out inside her home. Criminal proceedings of this case were delayed by Salvador’s participation in a pretrial diversion program.
At sentencing, Salvador faces a statutory maximum penalty of 12 months in prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney David Adams is prosecuting the case.
Acoma Pueblo Man Pleads Guilty to Assaulting his Intimate PartnerRead the Press Release
ALBUQUERQUE – Randy P. Shutiva, 53, a member of the Acoma Pueblo who resides in San Fidel, N.M., pleaded guilty in federal court in Albuquerque, N.M., to an assault charge.
Shutiva was arrested on Dec. 19, 2014, on a criminal complaint charging him with assaulting an Acoma Pueblo woman who was his intimate partner by punching her in the face and head and kicking her body. The criminal complaint alleged that Shutiva committed the assault on Dec. 6, 2014, in Acoma Pueblo within Cibola County, N.M. The victim lost the hearing in one ear and sustained other injuries as a result of the assault.
During today’s proceedings, Shutiva pled guilty to a misdemeanor information charging him with assault by striking, beating or wounding. In entering his plea, Shutiva admitted striking the victim on the head and face and kicking her body on Dec. 6, 2014. He also acknowledged that the victim suffered multiple injuries and temporary hearing loss in one ear as a result of the attack.
At sentencing, Shutiva faces a statutory maximum penalty of one year in prison followed by a maximum of one year of supervised release.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Pueblo of Acoma Tribal Police Department. Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Ramirez are prosecuting this 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.
Mescalero Apache Woman Sentenced for Federal Assault Conviction Arising out of Drive-By ShootingRead the Press Release
ALBUQUERQUE – Julianna Rosynelle Venego, 29, a member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in federal court in Las Cruces, N.M., for her assault conviction. Venego was sentenced to 21 months in prison followed by three years of supervised release.
Venego was arrested on July 11, 2013, on a criminal complaint alleging that she drove a vehicle while a defendant in a separate case, Rufus Juan Lester, 23, also a member of the Mescalero Apache Nation, fired multiple shots at a residence located on the Mescalero Apache Reservation in the early hours of Nov. 24, 2012. Venego was subsequently indicted on Oct. 16, 2013, and charged with two-counts of assault with a dangerous weapon with intent to do bodily harm.
Venego pled guilty to the indictment on July 8, 2014. In entering the guilty plea, Venego admitted that on Nov. 24, 2012, she drove Lester past a residence in Mescalero where Lester used two rifles to shoot at a residence which at the time was occupied by two adults and six children.
Lester was indicted in a separate case and charged with eight counts of assault with a dangerous weapon and one count of discharging firearms during and in relation to crimes of violence. On May 16, 2014, Lester pled guilty to the eight counts in the indictment charging him with assault with a dangerous weapon. Lester admitted riding in the passenger seat of the vehicle while Venego drove past a residence in Mescalero. As the vehicle went past the residence, Lester used two rifles to shoot at the residence which was occupied by two adults and six children at the time of the shooting, and that he assaulted each of the occupants when he shot at the residence. Lester was sentenced on Nov. 20, 2014, to 66 months in prison followed by three years of supervised release.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Deming Man Sentenced to Five Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Anthony Perez, 41, of Deming, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 60months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Perez was arrested on Feb. 20, 2014, on a two-count indictment charging him and co-defendants Rebecca Torres, 41, Matthew Peña, 30, both of Deming, N.M., and Robert Snow, now deceased, with distributing methamphetamine. Count 1 of the indictment charged Peña and Torres with distributing methamphetamine in Doña Ana County, N.M., on June 18, 2013, and Count 2 charged Peña, Snow and Perez with distribution of methamphetamine in Luna County, N.M., on July 3, 2013.
Perez and Peña both pled guilty to the indictment on May 14, 2014, without the benefit of plea agreements. Peña was sentenced on March 3, 2015, to 120 months in federal prison followed by five years of supervised release. Torres entered a guilty plea on April 18, 2014, and was sentenced on Aug. 28, 2014, to 10 months in federal prison.
This case was investigated by the Las Cruces office of the FBI and the New Mexico HIDTA Regional Interagency Drug Task Force (RIDTF)/Metro Narcotics Task Force. Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department and the Doña Ana County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Woman Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Clara Beth Joe, 26, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pleaded guilty this morning in Albuquerque, N.M., to an involuntary manslaughter charge.
Joe was arrested on Aug. 27, 2014, on an indictment filed Aug. 12, 2014, charging her with involuntary manslaughter on Jan. 30, 2014, in San Juan County, N.M.
During today’s proceedings, Joe pled guilty to the indictment and admitted that on Jan. 31, 2014, she was found by law enforcement in Crystal, N.M., on the Navajo Indian Reservation, near a creek, heavily intoxicated and suffering from hypothermia. Joe admitted that her cousin also arrived at the scene and asked where Joe’s 13-month-old son was, and after a search by law enforcement, the boy was found drowned near where Joe had been found. Joe further admitted that her level of intoxication was a negligent act and was an important contributing factor in her son’s death.
At sentencing, Joe faces a statutory maximum penalty of eight years in federal prison followed by up to three years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case.
Navajo Man from Beclabito Sentenced to Federal Prison for Arson ConvictionRead the Press Release
ALBUQUERQUE – Benjamin Joe Begay, Jr., 45, an enrolled member of the Navajo Nation who resides in Beclabito, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to a year and a day in prison followed by three years of supervised release for his arson conviction.
Begay was arrested on Aug. 19, 2014, on a criminal complaint charging him with arson, and was indicted on that same charge on Aug. 26, 2014. According to court filings, Begay set fire to the residence he shared with his wife and children on July 31, 2014, following an argument with his family. The residence, its contents and a grey truck were a total loss to the fire.
On March 31, 2015, Begay pled guilty and admitted willfully and maliciously setting fire to the home he shared with his wife and family on July 31, 2014, on the Navajo Indian Reservation in San Juan County, N.M.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and the Farmington office of the FBI. The case was prosecuted by Assistant U.S. Attorney Paul H. Spiers.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mexican National Sentenced for Federal Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Yareli Jasmin Bustamante-Conchas, 29, a Mexican citizen illegally residing in Albuquerque, N.M., was sentenced this afternoon in federal court to 60 months in prison for her federal heroin trafficking conviction. She will be deported after completing her prison sentence. Bustamante-Conchas also was ordered to forfeit $42,818.47 which were proceeds of her drug trafficking activities.
Bustamante-Conchas was arrested on a criminal complaint on Aug. 29, 2014, in Bernalillo County, N.M., after DEA agents seized approximately 745.4 grams of heroin, drug packaging materials and $42,818.47 in U.S. currency from Bustamante-Conchas’ residence during a consensual search.
Bustamante-Conchas was subsequently indicted on Sept. 23, 2014, and charged with possession of heroin with intent to distribute. The indictment included forfeiture provisions seeking an order requiring Bustamante-Conchas to forfeit $102,000.00 representing drug proceeds in addition to the $42,818.47 seized from her home on Aug. 29, 2014.
On March 24, 2015, Bustamante-Conchas pled guilty to the indictment and admitted that on Aug. 28, 2014, DEA agents seized 745.4 grams of heroin, $42,818.47 in cash and drug packaging materials from her home. Bustamante-Conchas also admitted that she was illegally present in the United States and had been making approximately $3,000.00 a week by distributing heroin since Dec. 2013.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.
This case was 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.
California Man Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Carlos Alberto Renteria-Garcia, 23, of Los Angeles, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge. The guilty plea was entered under a plea agreement with the U.S. Attorney’s Office.
Renteria-Garcia was arrested on Feb. 16, 2015, at the Amtrak Train Station in Albuquerque after DEA agents found approximately 5.06 pounds of heroin concealed in the bedroom Renteria-Garcia was using during his ride aboard the train during a consensual search. Renteria-Garcia was indicted on March 10, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Renteria-Garcia pled guilty to the indictment, and admitted that he was in possession of more than a kilogram of heroin on Feb. 16, 2015. He further admitted that DEA agents found the heroin concealed in his room on the Amtrak train during a stop in Albuquerque.
At sentencing, Renteria-Garcia faces a statutory maximum penalty of 20 years in prison. He 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 Joel R. Meyers 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.
Arizona Man Sentenced to 87 Months in Federal Prison for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Charles Douglas Notbohm, Jr., 51, of Tuscon, Ariz., was sentenced today in federal court in Las Cruces, N.M., for his conviction on drug trafficking charges. Notbohm was sentenced to 87 months in federal prison followed by three years of supervised release.
Notbohm was arrested in Lordsburg, N.M., on Feb. 21, 2014, after officers executed a search warrant on the vehicle in which he was traveling and found more than 116 grams of methamphetamine. On May 21, 2014, Notbohm, James Richard Reeves, 46, also of Tucson, and Armando Conrad Gonzales, 34, of Las Cruces, were indicted and charged with conspiracy and possession of methamphetamine with intent to distribute. On July 16, 2014, Notbohm, Reeves and Gonzales were charged in a superseding indictment with conspiracy and possession of methamphetamine with intent to distribute. The superseding indictment also charged Gonzales with being a felon in possession of a firearm
Notbohm pled guilty on Oct. 7, 2014, to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute. In entering his guilty plea, Notbohm admitted that on Feb. 21, 2014, he and Reeves were driving from Tucson to Las Cruces for the purpose of delivering methamphetamine to Gonzales. He further admitted that as the two men were driving through Lordsburg, they were stopped by a police officer who found more than 116 grams of methamphetamine in their vehicle.
On Sept. 18, 2014, Reeves pled guilty to the two methamphetamine trafficking charges in the superseding indictment without the benefit of a plea agreement. At sentencing, Reeves faces a sentence of not less than five years and not more than 40 years in prison. Reeves remains in custody pending a sentencing hearing which has yet to be scheduled.
On Nov. 18, 2014, Gonzales pled guilty to Counts 1 and 3 of the superseding indictment, charging him with conspiracy to distribute methamphetamine and being a felon in possession of a firearm. In entering his guilty plea, Gonzales admitted making an agreement with Reeves to purchase four ounces of methamphetamine from Reeves which Reeves and Notbohm were to transport from Tucson to Las Cruces. Gonzales further admitted that on April 11, 2014, he possessed a firearm and ammunition even though he was prohibited from doing so based on his status as a convicted felon.
This case was investigated by Deming office of Homeland Security Investigations and the Lordsburg Police Department, and is being prosecuted by Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office.
Arizona Man Sentenced for Trafficking Methamphetamine in New MexicoRead the Press Release
ALBUQUERQUE – Emery Lee Begay, 32, of Lakeside, Ariz., was sentenced this afternoon in federal court in Albuquerque, N.M., to 60 months in prison followed by three years of supervised release for his conviction on conspiracy to distribute methamphetamine in Socorro and Catron Counties, N.M.
Begay and his co-defendant Jorge Luis Garcia-Valenzuela, 22, a Mexican national residing in 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 the complaint, on Aug. 19, 2015, Begay delivered approximately 22.6 grams of methamphetamine and approximately three kilograms of marijuana to the undercover officers in Socorro, N.M., after Garcia-Valenzuela allegedly negotiated the drug deal with the officers. The complaint also alleges that Garcia-Valenzuela and Begay were arrested on Oct. 25, 2014, in Quemado when they arrived to consummate a drug deal with the undercover officers. The officers allegedly seized approximately 800 grams of methamphetamine and more than eight kilograms of marijuana when they arrested the two men.
Begay and Garcia-Valenzuela were subsequently 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.
On May 21, 2015, Begay pled guilty to a felony information charging him with conspiracy to possess methamphetamine with intent to distribute.
Garcia-Valenzuela entered a guilty plea on June 19, 2015, to a felony information charging him with conspiracy to distribute and possess methamphetamine. Under the terms of his plea agreement, Garcia-Valenzuela will be sentenced to 100 months in prison and will be deported following his term of incarceration. His sentencing hearing is currently scheduled for Sept. 24, 2015.
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, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Albuquerque Man Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE—Terrence Connors, 61, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 60 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.
Connors and co-defendant Thomas Jones, 44, of Cerrillos, N.M., were arrested in Dec. 2012, on criminal complaints charging them with possession of methamphetamine with intent to distribute. According to the complaints, on Dec. 17, 2012, Homeland Security Investigations (HSI) agents and the HIDTA Region II Narcotics Task Force executed a traffic stop on a car in which Connors and Jones were driving on Interstate 40 near Gallup, N.M. While searching the care, agents found approximately 990.37 grams of methamphetamine and a pistol.
Connors and Jones were subsequently indicted in Jan. 2013, and were charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. Connors also was charged with possessing a firearm in furtherance of a drug trafficking crime. The indictment stated that the offenses were committed on Dec. 17, 2012, in McKinley County, N.M.
On March 25, 2015, Connors pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Connors admitted that on Dec. 17, 2012, law enforcement found 990.37 grams of methamphetamine in the car Connors was driving. Connors also admitted purchasing the methamphetamine earlier that day in Phoenix, Ariz., and that he paid Jones to help him transport the methamphetamine to Albuquerque.
Jones pled guilty on Nov. 3, 2014, to a felony information charging him with possession of methamphetamine with intent to distribute. Jones admitted helping Connors transport the methamphetamine to Albuquerque, and acknowledged that he was paid for his services with methamphetamine. Jones was sentenced on July 1, 2015, to 24 months in prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of HSI and the HIDTA Region II Narcotics Task Force. Assistant U.S. Attorney Norman Cairns prosecuted the case.
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.
Acoma Pueblo Woman Sentenced to Federal Prison for Assaulting Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Adele Antonio, 35, a member and resident of Acoma Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to a year and a day in federal prison followed by one year of supervised release for assaulting a tribal police officer.
Antonio was arrested Feb. 23, 2015, on a criminal complaint charging her with assaulting an officer of the Acoma Tribal Police Department resulting in serious bodily injury on Feb. 12, 2015. The assault occurred on Acoma Pueblo in Cibola County, N.M., after the tribal officer responded to a call from Antonio’s residence. The tribal police officer received serious injury to his neck as a result of extreme physical pain inflicted by being kicked by the Antonio. As a precautionary measure the tribal police officer was airlifted to the hospital in Albuquerque, N.M. Antonio was subsequently indicted on the same charge on March 10, 2015.
On May 8, 2015, Antonio pled guilty to a felony information charging her with aggravated battery on a peace officer. Antonio admitted that after the Acoma Tribal Police officer placed her under arrest, she kicked the tribal police officer in the neck while he was attempting to place Antonio’s partner under arrest, and that the assault occurred in Indian Country in Acoma Pueblo.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney David Adams prosecuted the case.
Santa Clara Pueblo Man Sentenced for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Leon J. Tafoya, 20, a member and resident of Santa Clara Pueblo, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 84 months in prison followed by five years of supervised release for his assault conviction.
Tafoya was arrested on Sept. 16, 2014, on a criminal complaint charging him with assault with a dangerous weapon, assault resulting in serious bodily injury, and aggravated assault. According to the complaint, Tafoya committed the crimes in Santa Clara Pueblo in Rio Arriba County, N.M. The complaint alleged that on Sept. 7, 2014, officers of the Santa Clara Pueblo Tribal Police Department responded to a call reporting an assault. They arrested Tafoya for stabbing another member of the Santa Clara Pueblo three times and assaulting a tribal police officer who responded to the stabbing. The complaint asserted that Tafoya attempted to gain control of the officer’s service weapon while the officer was placing Tafoya under arrest.
On May 7, 2015, Tafoya entered a guilty plea to a felony information charging him with possession of a firearm during a crime of violence, aggravated assault with a deadly weapon and assault resulting in serious bodily injury. In entering the guilty plea, Tafoya admitted that on Sept. 7, 2014, he possessed a firearm and assaulted a victim by displaying that firearm in a threatening manner. Tafoya also admitted to assaulting another victim resulting in serious bodily injury to that victim.
This case was investigated by the Santa Fe office of the FBI, the Northern Pueblos Agency of the BIA’s Office of Justice Services, and the Santa Clara Pueblo Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
Hobbs Woman Pleads Guilty to Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Ida Rodriguez, 46, of Hobbs, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating federal narcotics trafficking laws. Under the terms of her plea agreement, Rodriguez will be sentenced to 60 months in prison followed by a term of supervised release to be determined by the court.
Rodriguez was arrested on June 10, 2015, on a criminal complaint charging her with possession with intent to distribute methamphetamine in Lea and Doña Ana Counties, N.M. According to the complaint, Rodriguez sold methamphetamine to an undercover DEA agent in July 2014 and Aug. 2014. It also alleged that on Aug. 16, 2015, deputies of the Lea County Sherriff’s Office (LCSO) executed a traffic stop on Rodriguez and found her to be in possession of 168 grams of methamphetamine.
During today’s proceedings, Rodriguez pled guilty to a three-count felony information charging her with distribution of methamphetamine and possession of methamphetamine with intent to distribute. In entering the guilty plea, Rodriguez admitted that (1) on July 29, 2014, she sold 28 grams of methamphetamine to an undercover agent in Hobbs, (2) on Aug. 4, 2014, she sold 56 grams of methamphetamine to an undercover agent in Las Cruces, N.M., and (3) on Aug. 16, 2014, she was stopped by LCSO deputies for a traffic violation during which the deputies found 168 grams of methamphetamine in her vehicle. Rodriguez further admitted that she had obtained the methamphetamine in Phoenix, Ariz., and planned to sell it in Hobbs.
Rodriguez has been in federal custody since her arrest on June 10, 2015, and remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Lea County Drug Task Force with assistance from the 5th Judicial District Attorney’s Office for the State of New Mexico. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office 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.
California Man Sentenced to Federal Prison for Fraudulent Cellphone SchemeRead the Press Release
ALBUQUERQUE – Amir Meir Levi, 38, of Canoga Park, Calif., was sentenced this morning to 21 months in prison followed by three years of supervised release for his role in a scheme to fraudulently obtain high-value cellular phones from retail stores in California, Arizona and New Mexico and to resell the cellular phones for profit.
Levi and his three co-defendants, Joshua Ferdman, 35, Jeffrey Contella, 30, and Joseph Cohen, 28, all of Los Angeles, Calif., were indicted in Feb. 2012, and charged with conspiracy to transport stolen property and commit access device fraud, and access device fraud. Contella, Cohen and Levi each entered guilty pleas to the indictment without the benefit of plea agreements in Jan. 2013. Ferdman entered a similar guilty plea in Feb. 2013.
In entering their guilty pleas, the defendants admitted that, in May 2011, they engaged in a scheme to fraudulently obtain high-value cellphones, including smartphones, from Sprint stores, and resell the cellphones in a Van Nuys, Calif., store owned by Cohen and through an on-line store hosted by EBay. The defendants traveled to Sprint stores throughout California, Arizona and New Mexico and fraudulently obtained significant quantities of cellphones by impersonating Sprint customers and the unauthorized use of the customers’ account numbers. They obtained the phones free of cost by instructing store clerks to bill the cost of the phones to the accounts of the unwitting Sprint customers.
According to court filings, from May 10, 2011 through May 16, 2011, Ferdman and Levi traveled to Sprint stores in California, including stores in Fullerton, Los Angeles, Hollywood, San Francisco, Sacramento and Folsom, to perpetuate their fraudulent scheme. From May 21, 2011 to May 24, 2011, Ferdman and Contella traveled to Sprint stores in Arizona and New Mexico for that same purpose. During this period, Levi wired cash to Ferdman and Contella; Ferdman sent cellphones to Levi via Federal Express; Levi delivered the cellphones to Cohen; and Cohen sold the cellphones. On May 25, 2011, Ferdman, Contella and Levi fraudulently obtained 13 smartphones from a Sprint store in Albuquerque through the unauthorized use of a Sprint customer’s account number. That same day, Ferdman, Contella and Levi attempted to purchase an additional six smartphones from a Sprint store in Albuquerque.
Contella was sentenced on Sept. 13, 2014, to two years of probation and was ordered to pay $21,777.00 in restitution in restitution to the victims of his criminal activity. Ferdman was sentenced on Nov. 8, 2013, to 15 months in federal prison followed by three years of supervised release. Cohen was sentenced on May 6, 2014, to three months in prison followed by three years of supervised release, and was ordered to pay a $17,090.13 fine. Ferdman and Cohen also were ordered to pay, jointly with their co-defendants, $45,715.59 in restitution to the victims of the criminal scheme.
The case was investigated by the U.S. Secret Service and the Albuquerque Police Department’s Organized Crime Unit, and was prosecuted by Assistant U.S. Attorneys Sean J. Sullivan and Stephen R. Kotz.
Artesia Man Pleads Guilty to Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Joe Anthony Reza, 33, of Artesia, N.M., pled guilty this morning in federal court in Las Cruces, N.M., to violating federal firearms and drug trafficking laws. Under the terms of his plea agreement, Reza will be sentenced to 120 months in prison followed by a term of supervised release to be determined by the court.
Reza was arrested on June 6, 2015, on a criminal complaint charging him with distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime on Feb. 24, 2015, in Eddy County, N.M. According to the complaint, agents with the Pecos Valley Drug Task Force executed a search warrant at Reza’s residence on Feb. 24, 2015, and seized approximately 117.93 grams of methamphetamine, three firearms, a marijuana plant and digital scales. At the time, Reza was arrested on state charges which were later dismissed in favor of federal prosecution.
During today’s proceedings, Reza pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. In entering his guilty plea, Reza admitted that on Feb. 24, 2015, law enforcement officers seized 117 grams of methamphetamine and a handgun from his residence. Reza further admitted that he possessed the handgun for protection of his drug trafficking activities.
Reza remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force with assistance from the 5th Judicial District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office 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.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Albuquerque Man Pleads Guilty to Armed Robbery of a McDonald’s RestaurantRead the Press Release
ALBUQUERQUE – Pablo Salgado-Cervantes, 25, of Albuquerque, N.M., pleaded guilty today in federal court to violating the Hobbs Act and the federal firearms laws by brandishing a firearm during an armed robbery of a McDonald’s restaurant on Sept. 3, 2014.
Salgado-Cervantes was charged on Sept. 4, 2014, in a criminal complaint with robbing the McDonald’s restaurant located at 5900 Menaul NE in Albuquerque at gunpoint on three separate occasions: July 1, 2014, July 9, 2014 and Sept. 3, 2014. The criminal complaint also charged him with robbing the McDonald’s restaurant located at 8315 Montgomery Blvd. NE in Albuquerque at gunpoint on July 9, 2014.
On Jan. 21, 2015, Salgado-Cervantes was charged in a five-count indictment with four counts of violating the Hobbs Act by robbing a business involved in interstate commerce and one count of brandishing firearms during crimes of violence.
Salgado-Cervantes was arrested on the federal charges on Feb. 9, 2015, after he was transferred into federal custody from state custody where he was facing related state charges. The state charges were subsequently dismissed in favor of federal prosecution.
During today’s proceedings, Salgado-Cervantes pled guilty to Counts 4 and 5 of the indictment. In entering his guilty plea, Salgado-Cervantes admitted that on Sept. 3, 2014, he robbed the McDonald’s restaurant located at 5900 Menaul NE. He also admitted brandishing a firearm to coerce an employee to give him money from the safe. Salgado-Cervantes further admitted hitting the employee with the butt of his firearm before fleeing from the restaurant with the cash he stole.
At sentencing, Salgado-Cervantes faces a maximum penalty of 20 years in prison for the Hobbs Act violation. He faces a mandatory minimum of seven years in prison on the firearms charge which must be served consecutive to any sentence imposed on the Hobbs Act charge. Salgado-Cervantes remains in custody pending sentencing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.
Albuquerque Man Charged with Violating the Hobbs Act and Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Raiff Hayes, 24, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with violating the Hobbs Act and federal firearms laws by robbing a commercial business at gunpoint. Hayes remains in federal custody pending a detention hearing scheduled for tomorrow morning.
The criminal complaint, which was filed on Aug. 5, 2015, alleges that Hayes robbed ABQ Interlock, a business located at 2444 Menaul Blvd. NE in Albuquerque on the afternoon of July 27, 2015. According to surveillance video from ABQ Interlock, Hayes allegedly pointed a firearm at two employees, fired a shot into the ceiling, placed a bag on the counter, and demanded that the employees place cash into his bag. On July 28, 2015, one of the employees allegedly identified Hayes as the robber from a photo array.
Hayes was arrested on the federal charges on Aug. 18, 2015, after he was transferred to federal custody from state custody where he was being held on related state charges.
If convicted on the Hobbs Act charge, Hayes faces a statutory maximum penalty of 20 years in federal prison. If convicted of discharging a firearm during a crime of violence, Hayes faces a statutory mandatory minimum of ten years that must be served consecutive to any sentence imposed on the Hobbs Act charge. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Norman Cairns is prosecuting the case.
Rio Rancho Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Trevor Bianchini, 24, of Rio Rancho, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws. The guilty plea was entered without the benefit of a plea agreement.
Bianchini was arrested in March 2015, on a two-count indictment charging him with (1) being a felon in possession of firearms and ammunition, and (2) possession of body armor by a person who had been convicted of a felony violent crime offense. According to the indictment, Bianchini committed the offenses on May 24, 2014, in Bernalillo County, N.M. At the time, Bianchini was prohibited from possessing firearms, ammunition, or body armor because he previously had been convicted of burglary of a vehicle, conspiracy to commit burglary of a vehicle, and two counts of residential burglary.
During today’s proceedings, Bianchini pled guilty to both counts of the indictment. At sentencing, he faces a statutory maximum of ten years in prison for being a felon in possession of firearms and ammunition, and a maximum of three years in prison for being a felon in possession of body armor. Bianchini remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Jacob Wishard is prosecuting the case.
Albuquerque Man Sentenced to Twelve Years for Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – Jovan Martinez, 29, of Albuquerque, N.M., was sentenced today in federal court to 144 months in prison followed by three years of supervised release for his methamphetamine trafficking and firearms conviction. The sentence was announced by U.S. Attorney Damon P. Martinez.
Martinez, who has four prior convictions for residential burglary, 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.
Martinez was charged in a criminal complaint filed on June 17, 2014, with being a felon in possession of a firearm and ammunition. According to the complaint, Martinez was arrested on June 16, 2015, by the Albuquerque Police Department (APD) for stealing a bait vehicle. At the time of his arrest, Martinez was in possession of a revolver and ammunition.
Martinez was indicted on July 10, 2014, and charged with being a felon in possession of a firearm and ammunition on June 16, 2014, in Bernalillo County, N.M. Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of residential burglary twice in 2007 and twice in 2008.
On May 15, 2015, Martinez pled guilty to a two-count felony information charging him with distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. In entering the guilty plea, Martinez admitted that on June 16, 2014, he was in possession of a firearm and ammunition. He further admitted that he purchased the firearm and ammunition for $80.00 and some methamphetamine.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and APD. Assistant U.S. Attorney Presiliano A. Torrez prosecuted the case.
San Felipe Pueblo Man Sentenced for Assaulting His Intimate PartnerRead the Press Release
ALBUQUERQUE – Michael V. Tenorio, 23, a member and resident of San Felipe Pueblo, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 24 months in prison followed by three years of supervised release for assaulting his intimate partner.
Tenorio was arrested on Nov. 18, 2014, on a criminal complaint charging him with assaulting an intimate partner by strangulation and assault with a dangerous weapon. According to the complaint, on Nov. 7, 2014, BIA agents responded to a call reporting an assault occurring on San Felipe Pueblo in Sandoval County, N.M. The complaint alleged that Tenorio assaulted the victim, a non-Indian woman, by threatening her with a rifle and choking her. Tenorio was subsequently indicted on Dec. 16, 2014, and charged with assault of an intimate partner by strangulation and assault with a dangerous weapon.
On May 12, 2015, Tenorio pled guilty to assault of an intimate partner by strangulation. In entering his guilty plea, Tenorio admitted that on Nov. 7, 2014, he choked the victim by wrapping his hands around her neck and squeezing, causing her breathing to be affected by the pressure.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
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 Conspiracy and Firearms ChargesRead the Press Release
ALBUQUERQUE – Conrad Vasquez Salazar, 43, of Las Cruces, N.M., pleaded guilty this afternoon to conspiracy and firearms charges. Under the terms of his plea agreement, Salazar will be sentenced to 20 years in federal prison followed by a term of supervised release to be determined by the court. The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Las Cruces Police Chief Jaime Montoya.
Conrad Vasquez Salazar (Salazar), Clifford Raymond Salas, and Andres Linares-Baca, 32, both of Las Cruces, and Thomas Vasquez Salazar (Vasquez Salazar), 39, of Odessa, Tex., were charged with violating the federal conspiracy, explosives and narcotics laws in a series of complaints and indictments, the first of which was filed in Sept. 2012. Salas, Salazar and Vasquez Salazar were charged with conspiracy and explosives charges that arose out of the firebombing of a tattoo parlor in Las Cruces on Aug. 31, 2012. Proceedings against Salazar were delayed by competency proceedings, and today, the court found him competent to stand trial.
During this afternoon’s proceedings, Salazar pled guilty to conspiracy and being a felon in possession of a firearm and ammunition. In entering the guilty plea, Salazar admitted that on Aug. 31, 2012, he conspired with other individuals to firebomb Irish Ink Tattoo. Salazar also admitted producing two Molotov cocktails at his residence and instructing two co-conspirators on how to use them to set fire to Irish Ink Tattoo in Doña Ana County. Salazar further admitted that on Sept. 22, 2012, he possessed a handgun and ammunition even though he previously had been convicted of residential burglary, conspiracy to commit first degree murder and aggravated battery on a peace officer and was prohibited from possessing firearms and ammunition.
In Sept. 2013, Vasquez Salazar entered a guilty plea to conspiracy and explosives charges; his sentencing hearing has yet to be scheduled. Also in Sept. 2013, Linares-Baca pled guilty to conspiracy to distribute heroin and a heroin distribution charge; he was sentenced in Jan. 2014, to 15 months in prison followed by three years of supervised release.
On March 9, 2015, Salas proceeded to trial on a superseding indictment charging him with participating in a conspiracy between July 15, 20112 and Aug. 31, 2012, to commit arson by maliciously damaging and destroying the Irish Ink Tattoo, located at 2245 South Main Street in Las Cruces. The indictment also charged Salas with maliciously damaging and destroying the Irish Ink Tattoo on Aug. 31, 2012, by throwing at least one Molotov cocktail into the building, using a destructive device in furtherance of an act of violence; and being a felon in possession of an explosive. Trial against Salas concluded on March 11, 2015, when the jury returned a verdict of guilty on all four counts of the superseding indictment. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department. Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
Georgia Man Pleads Guilty to Federal Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Willie Collier, 65, of Macon, Ga., pleaded guilty this morning in federal court in Albuquerque, N.M., to a cocaine trafficking charge. Under the terms of the plea agreement, Collier will be sentenced to 60 months in federal prison followed by not less than four years of supervised release.
Collier was arrested on Jan. 21, 2014, at the Greyhound Bus Station in Albuquerque after a search of his baggage by DEA agents revealed that Collier was carrying approximately 5.85 kilograms of cocaine inside a backpack. Collier was subsequently charged in a superseding indictment filed on June 24, 2015 with possession of cocaine with intent to distribute on Jan. 21, 2014, in Bernalillo County.
During today’s proceedings, Collier pled guilty to the superseding indictment. He admitted to possessing approximately 4.037 kilograms of cocaine on Jan. 21, 2014, which Collier was to be paid to transport from Phoenix, Ariz., to Memphis, Tenn., to give to another individual.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.
Former Postmaster of Capitan Post Office Sentenced for Federal Embezzlement ConvictionRead the Press Release
ALBUQUERQUE – Kristi K. Sepkowitz, 56, of Alto, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., to three years of probation and a $1,000.00 fine for embezzling money belonging to the United States. Sepkowitz was the Postmaster of the Capitan Post Office in Lincoln County, N.M., when she committed the offense.
In her plea agreement, Sepkowitz acknowledged that as Postmaster of the Capitan Post Office, she held a position of trust with respect to funds belonging to the U.S. Postal Service that came into her possession. Sepkowitz admitted that between Feb. 2012 and Dec. 2013, she betrayed that trust by engaging in an unlawful scheme pursuant to which she embezzled and converted funds, including cash and money orders, belonging to the U.S. Postal Service to her own use.
During the course of the scheme, Sepkowitz issued postal money orders to herself without making appropriate payment. She also took cash from daily postal deposits and used the cash for her own purposes. Sepkowitz attempted to pay back the postal funds she embezzled by writing checks on her personal bank account and depositing the checks with the daily postal deposits.
According to court filings, Sepkowitz embezzled and converted more than $450,000.00 in postal funds over the course of the scheme. She has fully repaid the U.S. Postal Service for the postal funds she embezzled and converted to her own use.
This case was investigated by the U.S. Postal Service, Office of Inspector General and was prosecuted by Assistant U.S. Attorney Brock E. Taylor, of the U.S. Attorney’s Las Cruces Branch Office.
Non-Indian Physician Employed by Indian Health Services Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Thomas Murray, 62, a non-Indian who resides in Acoma Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a federal child pornography charge.
Murray is a physician who relocated to New Mexico in Oct. 2014, from Ohio to take a position as a general practitioner with Indian Health Services at the Acoma-Canoncito-Laguna Service Unit located in Acoma Pueblo. Murray was charged in a criminal complaint with transporting, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.
According to the criminal complaint, the FBI initiated the federal investigation leading to Murray’s arrest on Dec. 19, 2014, after receiving a report from the New Mexico Attorney General’s Office. The report alleged that investigation by an investigation by the New Mexico Internet Crimes Against Children (ICAC) Task Force revealed that an IP Address subscribed to Murray’s residential address in Acoma was being used to download and distributing images consistent with child pornography. According to the criminal complaint, the FBI arrested Murray and executed a federal search warrant at his residence on Jan. 5, 2015.
Murray was subsequently indicted on Jan. 21, 2015, and charged with receiving and possessing child pornography from Oct. 19, 2014 through Jan. 5, 2015, in Cibola County, N.M.
During today’s change of plea hearing, Murray pled guilty to possession of child pornography under a plea agreement with the U.S. Attorney’s Office.
At sentencing, Murray faces a maximum penalty of 20 years in federal prison. Murray will be required to register as a sex offender after completing his prison sentence.
This case was investigated by the Albuquerque office of the FBI, the New Mexico Attorney General’s Office, the New Mexico ICAC Task Force and the New Mexico Regional Computer Forensic Laboratory. The case is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Joseph Wallace Apodaca, 39, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of firearms and ammunition.
Apodaca was arrested on August 21, 2014, on an indictment charging him with being a felon in possession of firearms and ammunition on May 14, 2014, in Bernalillo County, N.M. The indictment was superseded on Jan. 21, 2015. Apodaca was prohibited at the time from being in possession of firearms and ammunition because he had previously been convicted of aggravated burglary, conspiracy to commit aggravated burglary, tampering with evidence and residential burglary.
During today’s proceedings, Apodaca pled guilty to the superseding indictment and admitted that on May 14, 2014, he was approached by Albuquerque Police Department (APD) officers as he was exiting his vehicle, where APD officers viewed a handgun in his vehicle. Apodaca further admitted that he told officers he was a convicted felon in possession of a handgun.
At sentencing, Apodaca faces a maximum of ten years in prison followed by not more than three years of supervised release. He remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorney Norman Cairns is prosecuting this case.
Navajo Man Pleads Guilty to Federal Involuntary Manslaughter ChargesRead the Press Release
ALBUQUERQUE—Farrell Bowman, 28, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., pleaded guilty this morning in Albuquerque, N.M., to involuntary manslaughter charges under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Bowman will be sentenced to 74 months in prison followed by a term of supervised release to be determined by the court.
Bowman was arrested in Jan. 2015, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Bowman killed two Native American men with his vehicle when he crashed into their vehicle head on while he was driving under the influence of alcohol. The crash occurred on July 3, 2014, in a location within the Navajo Indian Reservation in San Juan County, N.M. Bowman was subsequently indicted on the same charges on Jan. 21, 2015.
During today’s plea hearing, Bowman pled guilty to the indictment and admitted killing the victims by driving recklessly while under the influence of alcohol which rendered him incapable of exercising clear judgment and a steady hand in operating a vehicle. Bowman acknowledged that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
Bowman 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 Shiprock office of the Navajo Nation Division of Public Safety and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting this case.
Los Lunas Man Sentenced to 15 Years in Prison for Federal Child Exploitation ConvictionRead the Press Release
ALBUQUERQUE – Victor Castellon, 52, of Los Lunas, N.M., was sentenced today in federal court in Albuquerque, N.M., to 180 months in prison followed by ten years of supervised release for his child exploitation conviction. Castellon will also be required to register as a sex offender.
Castellon was arrested on Feb. 11, 2015, on an indictment charging him with using a cellular telephone in an attempt to entice a minor to engage in a sexual activity. According to the indictment, Castellon committed the offense on Sept. 17 and 18, 2014, in Bernalillo County, N.M.
On May 4, 2015, Castellon pled guilty to the indictment. In his plea agreement, Castellon admitted that on Sept. 17, 2014, he responded to a notice on a website that appeared to be posted by a minor, and he initiated a conversation with the minor regarding the possibility of meeting on Sept. 18, 2014, for the purpose of engaging in sexual activity. Unbeknownst to Castellon, he was communicating with an undercover law enforcement agent posing as a child. Castellon was taken into state custody when he arrived at the location where he had arranged to meet the “minor.”
This case was investigated by the Sexual Predator and Exploitation Enforcement Detail (SPEED) of Homeland Security Investigations (HSI) Albuquerque office and the Albuquerque Police Department. The case is being prosecuted by Assistant U.S. Attorney Sarah Mease as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
This case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Technology Integration Group Agrees to Pay $5.9 Million to Settle False Claims Act AllegationsRead the Press Release
ALBUQUERQUE – PC Specialists Inc., doing business as Technology Integration Group (TIG), has agreed to pay the United States $5.9 million to settle allegations that the company inflated the price of computers sold through another company to the National Nuclear Security Administration (NNSA) for use at Sandia National Laboratories in Albuquerque, New Mexico. TIG, headquartered in San Diego, buys computers and other technology products for resale to other purchasers.
“The resources available to achieve the important goals carried out by our national laboratories are precious and limited,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates that diverting funds from the critical mission of the laboratories by inflating costs and making false claims or causing others to make false claims for government funds will not be tolerated.”
From 2003 to 2013, TIG sold Dell computers to Sandia Corporation for resale to the United States under Sandia’s contract with the NNSA. The NNSA purchased the computers for use at Sandia National Laboratories. The United States alleged that TIG knowingly inflated the amounts it charged Sandia by failing to give credits for rebates and discounts it received from Dell as required by its contract and causing false claims to the government for the inflated prices.
“Fraud involving government contracts will be zealously pursued in New Mexico,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “The U.S. Attorney’s Office and its law enforcement partners are committed to recovering losses, preventing fraud, holding accountable those who exploit government contracts and ensuring that the taxpayers’ monies are properly spent.”
In a separate but related matter, in April 2015, TIG entered into a non-prosecution agreement with the U.S. Attorney’s Office of the District of New Mexico regarding allegations that three employees in TIG’s Albuquerque branch office engaged in a scheme to defraud the United States by inflating the amounts it charged Sandia for computers. The non-prosecution agreement in that matter required TIG to terminate the employment of the three employees in its Albuquerque branch office – a vice president, a senior account executive and an accounts executive – who participated in and profited from the scheme. The non-prosecution agreement also required TIG to retain and pay for an independent monitor selected by the U.S. Attorney’s Office who is responsible for monitoring TIG’s compliance with the agreement, and TIG policies, procedures and training relating to federal government contracts over the agreement’s three-year term.
The allegations resolved by the civil settlement announced today arose from a lawsuit filed by Maverick Granger, a former TIG executive in Albuquerque, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and share in the recovery. Mr. Granger’s share of the settlement has not yet been determined.
These resolutions were the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office of the District of New Mexico and the U.S. Department of Energy’s Office of Inspector General (DOE-OIG). The criminal investigation was conducted by DOE-OIG, the FBI’s Albuquerque Division and the Albuquerque Office of the Internal Revenue Service-Criminal Investigation.
The False Claims Act lawsuit is captioned United States ex rel. Granger v. PC Specialists, Inc. d/b/a/ Technology Integration Group, No. 14-cv-00633 (D.N.M.). The claims resolved by today’s civil settlement and the earlier non-prosecution agreement are allegations only; there has been no determination of guilt or liability.
Los Ranchos Woman Pleads Guilty to March 2015 Robbery of New Mexico Bank & Trust BranchRead the Press Release
ALBUQUERQUE—Denise Romero, 27, of Los Ranchos, N.M., pleaded guilty today to robbing the New Mexico Bank & Trust branch located on 4th Street NW in Albuquerque, N.M., in March 2015. The guilty plea was entered without the benefit of a plea agreement.
Romero was arrested on March 20, 2015, on a criminal complaint alleging that she robbed the New Mexico Bank & Trust branch on March 16, 2015. According to the complaint, Romero approached the bank teller with a note to the teller suggesting that Romero had a gun. The complaint further alleges that Romero used the money from the bank robbery to bail her boyfriend out of jail.
Romero was indicted on April 14, 2015, and charged with bank robbery of the New Mexico Bank & Trust branch in Bernalillo County, N.M.
At sentencing, Romero faces a maximum penalty of 20 years in prison followed by up to three years of supervised release. She remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Albuquerque Man Sentenced for Submitting Fraudulent Claims to Veterans Affairs Medical CenterRead the Press Release
ALBUQUERQUE – Rick J. Serrano, 43, of Albuquerque, N.M., was sentenced this morning in federal court to three years of probation for submitting false and fraudulent claims to the Veterans Affairs Medical Center (VAMC) in Albuquerque. Serrano also was ordered to pay $23,399.78 in restitution to VAMC which represents the money he fraudulently obtained from the VAMC.
Serrano was indicted on April 24, 2013, on an indictment alleging that he submitted 146 fraudulent claims to the VAMC for travel beneficiary payments. Serrano pled guilty on Nov. 4, 2014, to a felony information charging him with making false, fictitious and fraudulent claims. In entering his guilty plea, Serrano admitted that from Sept. 2010 through Oct. 2012, he periodically traveled to the VAMC in Bernalillo County, N.M., to obtain authorized medical treatment and falsely claimed he travelled from Roswell, N.M., to do so. Serrano admitted his claims for travel cost reimbursement were false claims because they exceeded the costs for which he was entitled to reimbursement. Serrano acknowledged receiving $23,399.78 in travel cost reimbursements to which he was not entitled.
This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, and was prosecuted by Assistant U.S. Attorneys Presiliano Torrez and William J. Pflugrath.
Federal Jury Convicts Jemez Pueblo Man on Felony Murder ChargeRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict this afternoon finding Gavin Yepa guilty on a felony murder charge after a ten-day trial, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.
Yepa, 30, a member and resident of Jemez Pueblo, was arrested on Jan. 3, 2012, on a criminal complaint charging him with killing a 38-year-old Navajo woman during a sexual assault that took place at Yepa=s residence on Jemez Pueblo on the night of December 28, 2011. Yepa previously had been arrested on tribal charges on Dec. 28, 2011, and remained in tribal custody until his arrest on the criminal complaint.
In Jan. 2012, a federal grand jury indicted Yepa on a felony murder alleging that the victim died as the result of an aggravated sexual assault by Yepa. Trial of the case was delayed by interlocutory appeals. The trial commenced on July 27, 2015, and concluded this afternoon when the jury returned a guilty verdict on the sole charge before them.
The evidence at trial established that Yepa met the victim in San Ysidro, N.M., on the evening of Dec. 28, 2011, and took her to his residence. Shortly before midnight, Yepa contacted tribal officials and reported that there was a woman in his home who was not breathing. When Yepa escorted the officials into his residence, they observed a large amount of blood on the floor throughout the house and found the victim’s nude body, which was covered with blood, in a bedroom.
After finding the victim’s body, the tribal officials notified the Jemez Pueblo Trial Police Department who then notified the FBI. The FBI then initiated an investigation into the victim’s death. The investigation revealed that Yepa had numerous scratches and abrasions on his arms, torso and legs as well as blood on his hands, feet and clothing. Forensic investigation determined that the victim was the source of the blood on Yepa.
An examination of the victim’s body revealed that she had been brutally sexually assaulted, and the investigation revealed that a water bottle, a liquor bottle and the handle of a shovel, all of which were found at the crime scene, were used to assault her. DNA analysis confirmed that the victim’s blood was all three items.
Yepa has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Yepa faces a mandatory sentence of life imprisonment.
This case was investigated by the Albuquerque office of the FBI with assistance from the Jemez Pueblo Tribal Officials, the Jemez Pueblo Tribal Police Department and the Crime Scene Unit of the New Mexico State Police. Assistant U.S. Attorney Niki Tapia-Brito and Linda Mott are prosecuting the case.
The prosecution of this case is part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Taos Pueblo Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE—Julian Concha, 26, a member and resident of Taos Pueblo, N.M., pleaded guilty this morning in Albuquerque, N.M., to federal assault charges. Under the terms of his plea agreement, he will be sentenced to 37 months in prison followed by a term of supervised release to be determined by the court.
Concha was arrested on Feb. 13, 2015, on an indictment charging him assault resulting in serious bodily injury and two counts of assault with a dangerous weapon. The indictment alleged that the crimes were committed on Jan 15, 2013, in Taos Pueblo in Taos County, N.M.
During today’s proceedings, Concha pled guilty to a felony information charging him with assault resulting in serious bodily injury and assault by striking, beating or wounding. Concha admitted that on Jan. 15, 2013, he assaulted a woman by striking her on the face and head resulting in permanent damage to her left eye, and he assaulted a man by striking, beating and wounding the man’s face and head.
A sentencing hearing has yet to be scheduled.
This case was investigated by Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Police Department. Assistant U.S. Attorneys Kristopher N. Houghton and Niki Tapia-Brito are prosecuting 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.
Los Lunas Man Charged with Federal Production and Possession of Child Pornography OffensesRead the Press Release
ALBUQUERQUE – Martin Perea, 35, of Los Lunas, N.M., was arrested yesterday by the FBI on a criminal complaint charging him with production and possession of visual depictions of minors engaged in sexually explicit conduct. During proceedings in federal court in Albuquerque, N.M., this morning, a U.S. Magistrate Judge ordered Perea detained pending trial.
According to the criminal complaint charges, the FBI began an investigation into Perea on July 24, 2015, when the Valencia County Sheriff’s Office reported receiving information from the Spokane (Washington) Police Department alleging that Perea sexually abused an eight-year-old child and produced child pornography.
The complaint alleges that on July 1, 2015, the victim’s mother discovered pornographic images and videos of Perea and the victim on a memory card she took from Perea’s cellular telephone. The mother allegedly confronted Perea, her former boyfriend, about the pornographic photographs and videos later that day. Two days later, the mother fled with the victim to Spokane, Wash., after Perea allegedly threatened to burn her and her home if she did not return the memory card to him. Once in Spokane, the mother contacted local law enforcement authorities to file a complaint against Perea.
After the memory card was transferred from the Spokane Police Department to the Valencia County Sheriff’s Office, the FBI obtained a federal search warrant for the card. On July 28, 2015, the search warrant was executed at the New Mexico Regional Computer Forensic Laboratory where the contents of the memory card were downloaded. The complaint alleges that the memory card contained approximately 111 video files and more than 980 image files, including multiple videos and images which allegedly contained child pornography.
If convicted on the production of child pornography charge, Perea faces a prison sentence of not less than five years and not more than 20 years. If convicted on the possession charge, he faces a federal prison term of up to ten years. Perea also would be required to register as a sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI, the Valencia County Sheriff’s Office and the New Mexico Computer Forensic Laboratory with assistance from the Spokane Police Department.
The case is being prosecuted by Assistant U.S. Attorney Shammara H. Henderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Pleads Guilty to Making Anti-Semitic Threats Against Businesswoman and is Sentenced to ProbationRead the Press Release
ALBUQUERQUE – An Albuquerque man entered a guilty plea to a misdemeanor hate crime arising out of anti-Semitic threats he made against a Jewish woman who owns and operates the Nosh Jewish Delicatessen and Bakery in Albuquerque. After Ng entered his guilty plea, he was sentenced to four years of probation.Ng was arrested by the FBI on March 7, 2014, on a criminal complaint charging him with interfering with the victim’s federally protected rights by threatening her and interfering with her business because of her religion and because she owned a Jewish restaurant.
Proceedings in the case were delayed during the pendency of competency proceedings. Ng remained in federal custody from the time of his arrest until the court found him competent in May 2015, at which time he was released on conditions that included supervision by the U.S. Pretrial Services Agency.According to the indictment filed on April 23, 2014, Ng posted threatening, anti-Semitic notes on the door of the victim’s business on Jan. 22, 2014, and Feb. 8, 2014. One of the notes read, “TO: The [racial slur] who should die.” Another read, “FROM: The one you scarred for life scumbags[;] TO: The [racial slur] who will die like rats.”
During today’s proceedings, Ng pled guilty to the second count of the indictment, and admitted posting anti-Semitic notes on the door of the victim’s business on Feb. 8, 2014. Ng acknowledged that he intentionally posted the notes knowing that or in reckless disregard of the fact that notes would be perceived as threatening. Ng also admitted that on Feb. 11, 2014, he told the FBI that he had a bad history with Jews and targeted the Nosh Jewish Delicatessen because he believed it was a good location to ensure that his message would reach as many Jews as possible.
This matter was investigated by the Albuquerque Division of the FBI and was prosecuted by Assistant U.S. Attorney Holland S. Kastrin of the U.S. Attorney’s Office for the District of New Mexico and Trial Attorney Angie Cha of the U.S. Department of Justice’s Civil Rights Division.
Navajo Man Pleads Guilty to Discharging Firearm While Assaulting Four Indian Women and Two ChildrenRead the Press Release
ALBUQUERQUE – Jeffrey J. Franklin, 31, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty today in Albuquerque, N.M., to violating the federal firearms laws by discharging a firearm during an act of violence. Under the terms of his plea agreement, Franklin will be sentenced to ten years in federal prison.
Franklin was arrested in Aug. 2014, on a criminal complaint charging him with assault with a dangerous weapon and abusing a child by placing the child in a situation that could endanger the child’s life. The complaint alleged that Franklin committed these crimes on Aug. 9, 2014, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, on Aug. 9, 2014, Franklin assaulted four Indian women and two Indian children by firing shots while inside the residence of one of the victims and by firing shots at the victims’ vehicles. Two children were inside one of the vehicles when Franklin shot at the vehicle.
Franklin was subsequently indicted on Nov. 19, 2014, and charged with four counts of assault with a dangerous weapon with intent to do bodily harm, negligently placing minors in a situation that endangered the children’s health, and two counts of using and discharging a firearm during and in relation to a crime of violence.
During today’s proceedings, Franklin pled guilty to one count of using and discharging a firearm during and in relation to a crime of violence.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback are prosecuting the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Former Employee of Hobbs Gun Shop Sentenced to Prison for Federal Firearms ConvictionRead the Press Release
ALBUQUERQUE – Carlos Carlon Cruz, the father of a the former owner of a gun shop in Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., for violating the federal firearms laws. Carlos Carlon Cruz was sentenced to 18 months in prison followed by three years of supervised release. His wife, Norma M. Cruz was sentenced last week to three years of supervised release for her conviction on firearms charges. Their son, Carlos Jonathan Cruz was sentenced on Feb. 4, 2015, to 12 months and one day in prison followed by three years of supervised release.
Carlos Carlon Cruz, 61, Norma M. Cruz, 58, and their son Carlos Jonathan Cruz, 32, the former owner of Hobbs Satellite Company Guns & Ammo, were indicted in June 2013. The indictment charged the three defendants with violating federal firearms laws by making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser” and buying firearms on behalf of others. Carlos Jonathan Cruz also was charged with unlawfully selling thousands of rounds of ammunition to an alien illegally in the United States, unlawfully possessing an unregistered sawed-off shotgun, and unlawfully possessing firearms with obliterated serial numbers.
Carlos Carlon Cruz and Norma M. Cruz pled guilty on Jan. 7, 2014, to felony informations charging them with making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and unlawfully selling ammunition to a prohibited person. In entering their guilty pleas, the couple admitted that on April 9, 2013, they sold 2,500 rounds of ammunition to an alien who was illegally in the United States. They also admitted that on April 23, 2013, they knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at the gun shop for an individual who was working as a confidential informant for the ATF.
Carlos Jonathan Cruz also pled guilty on Jan. 7, 2014, to a felony information charging him with making false statements in connection with the acquisition of firearms by an individual who was acting as a “straw purchaser,” and unlawfully possessing firearms with obliterated serial numbers. In entering his guilty plea, Carlos Jonathan Cruz admitted that on April 23, 2013, he knowingly aided and abetted the making of a false statement by a straw purchaser who bought two firearms at his gun shop for an individual who was working as a confidential informant for the ATF. Cruz also admitted possessing a firearm with an obliterated serial number on May 29, 2013.
Under the terms of their plea agreements, all three defendants are required to forfeit approximately 165 firearms, 25,703 rounds of ammunition and six silencers.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the DEA and the Hobbs Police Department, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office. Assistant U.S. Attorney Stephen R. Kotz is handling the related forfeiture proceedings.
Texas Man and Mexican National Plead Guilty in New Mexico to Federal Heroin Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Arturo Martinez, 23, of El Paso, Texas, and Bryan Marinelarena, 20, a Mexican national, each pleaded guilty this morning in federal court in Las Cruces, N.M., to a federal heroin trafficking charge.
Martinez and Marinelarena were arrested on May 23, 2015, during a routine inspection at the U.S. Border Patrol checkpoint on Interstate 10 in Doña Ana County, N.M. According to the criminal complaint, agents found approximately 6.6 kilograms of heroin concealed within the vehicle that Martinez and Marinelarena were driving from El Paso to California.
During today’s proceedings, Martinez and Marinelarena each pled guilty to a felony information charging them with conspiracy to possess heroin with intent to distribute. Each admitted that on May 23, 2015, in Doña Ana County, Border Patrol agents discovered approximately 6.6 kilograms of heroin hidden in the engine of the SUV in which they were traveling. The two men further admitted that they were paid to transport the heroin from El Paso to California.
Under the terms of their respective plea agreements, Martinez and Marinelarena each will be sentenced to 87 months in prison followed by a term of supervised release to be determined by the court. Both remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.
This case was 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.
Deming Man Sentenced to Federal Prison for Participating in Methamphetamine Trafficking RingRead the Press Release
ALBUQUERQUE – Ricardo Rodriguez-Magallanes, 38, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 87 months in prison followed by two years of supervised release for his methamphetamine trafficking conviction.
Rodriguez-Magallanes was indicted in Oct. 2012, in a multi-defendant indictment and charged with participating in a Deming-based methamphetamine trafficking ring. The indictment charged the defendants with conspiracy to distribute methamphetamine between April 2012 and Oct. 2012. It also included seven substantive drug trafficking charges, and alleged that members of the conspiracy distributed large quantities of methamphetamine in southern New Mexico communities, including Deming, Las Cruces and Sunland Park. The eight-count indictment also sought forfeiture of property and proceeds derived from or involved in the defendants’ illegal activities.
The charges against the defendants were the result of a multi-agency investigation initiated early in 2012, involving DEA and HSI agents who were acting in undercover capacities and were able to infiltrate the conspiracy. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is a nationwide Department of Justice initiative 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.
According to court filings, during the seven-month investigation, the undercover agents engaged in a series of meetings with members of the conspiracy during which they negotiated numerous transactions involving large quantities of methamphetamine. During the course of the investigation, law enforcement officers seized and purchased approximately two kilograms of methamphetamine and seized approximately $235,206.00 in cash.
On Oct. 18, 2012, law enforcement officers arrested six of the defendants, including Rodriguez-Magallanes, and executed search warrants at residences in Deming, Las Cruces, N.M., and Albuquerque, N.M. Two defendants have yet to be apprehended and are considered fugitives.
Rodriguez-Magallanes, who was charged in three counts of the indictment, pled guilty on March 12, 2013, to participation in a methamphetamine trafficking conspiracy and distribution of methamphetamine. In entering his guilty plea, he admitted that between April and Oct. 2012, he sold and facilitated the sale of methamphetamine to a person, who unbeknownst to him was an undercover law enforcement agent.
The following defendants have entered guilty pleas and have been sentenced as follows:
- Gildardo Majalca-Aguilar, 47, a Mexican national who is a legal permanent resident and resides in Albuquerque, pled guilty on March 29, 2013, and was sentenced on Aug. 23, 2013, to 168 months in prison followed by five years of supervised release
- Ivan Jesus Majalca, 29, of Deming, pled guilty on April 8, 2013, and was sentenced on Sept. 11, 2014, to 87 months in prison followed by two years of supervised release.
- Eleazar Olivas-Mendoza, 47, a Mexican national who is a legal permanent resident and resides in Las Cruces, pled guilty on March 19, 2013, and was sentenced on June 24, 2014, to 108 months in prison followed by five years of supervised release.
- Adam Galindo, 47, of Deming, pled guilty on May 2, 2013, and was sentenced on Aug. 26, 2014, to 24 months in prison followed by one year of supervised release.
- Jose Angel Morales, 25, of Deming, pled guilty on March 8, 2013, and was sentenced on Dec. 5, 2013, to 46 months in prison followed by two years of supervised release.
Carolina Gonzales-Hermosillo, 21, and Karla Iveth Nunez-Ortega, 33, are Mexican nationals who have yet to be arrested and are considered fugitives.
Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Anyone with information on the whereabouts of these fugitives is asked to contact the Las Cruces DEA at (575) 526-0700.
The case is being prosecuted by Assistant U.S. Attorneys Renee L. Camacho and Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office. It was investigated by the DEA in Las Cruces, HSI in Las Cruces and Deming, the FBI in Roswell and the HIDTA Las Cruces Metro Narcotics Agency.
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.
Grants Man Pleads Guilty to Federal Distribution of Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Richard J. Dates, 70, of Grants, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a distribution of child pornography charge. Under the terms of his plea agreement, Dates will be sentenced within the range of five to 12 years in prison followed by not less than five years of supervised release. Dates will be required to register as a sex offender upon his release from prison.
Dates was arrested in Grants in Aug. 2012, on a criminal complaint charging him with possession of visual depictions of minors engaged in sexually explicit conduct from Aug. 23, 2009 through Aug. 23, 2012. According to court documents, Dates was arrested by Homeland Security Investigations (HSI) agents after an investigation by HSI in Boston, Mass., identified him as an individual who was distributing child pornography images through the internet.
Dates was indicted on Sept. 5, 2012, and charged with possession of visual depictions of minors engaging in sexually explicit conduct from Aug. 23, 2009 through Aug. 23, 2012. A superseding indictment was filed on Sept. 25, 2013, charging Dates with two counts of distribution of child pornography, two counts of receiving child pornography, and possession of visual depictions of child pornography. A second superseding indictment was filed on June 24, 2014, charging Dates with one count of advertising child pornography, three counts of distribution of child pornography, two counts of receipt of child pornography, and seven counts of possession of child pornography.
During today’s proceedings, Dates pled guilty to one count of distribution of child pornography, and admitted distributing child pornography on June 15, 2011. Dates has been in federal custody since his arrest, and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of HSI and is being prosecuted by Assistant U.S. Attorneys Jacob Wishard and Marisa A. Lizarraga as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMOAG. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Pleads Guilty to Distributing Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Ruben Nieto, 45, of Albuquerque, N.M., pleaded guilty this morning in federal court to an indictment charging him with distributing child pornography. The guilty plea was entered without the benefit of a plea agreement.
Nieto was arrested by the FBI on Nov. 13, 2014, based on a criminal complaint charging him with distribution of a visual depiction of a minor engaged in sexually explicit conduct and possession of a visual depiction of a minor engaged in sexually explicit conduct. Nieto was charged with committing both offenses in Bernalillo County, N.M., from March 24, 2014 through March 27, 2014. On Dec. 3, 2014, Nieto was indicted and charged with distributing child pornography.
According to court filings, the FBI initiated a federal investigation into Nieto in May 2014, after receiving a referral from the Bernalillo County Sheriff’s Office (BCSO) and the New Mexico Office of the Attorney General (NMOAG), both of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. In Jan. 2014, investigators identified an IP address that was being used to download and share child pornography. Investigation revealed that the IP address was subscribed to the residence in which Nieto lived until April 2014. In May 2014, investigators executed a search warrant at the residence and seized computers and computer-related media that contained child pornography after learning that Nieto regularly used the computer while he lived in the residence.
Nieto remains in federal custody pending his sentencing hearing. At his sentencing hearing, which has not yet been scheduled, Nieto faces a federal prison term of not less than five years and not more than 20 years. He also will be required to register as a sex offender when he completes his prison sentence.
This case was investigated by the Albuquerque office of the FBI, the BCSO, the NMOAG and the New Mexico ICAC Task Force.
The case was prosecuted by Assistant U.S. Attorney Shammara H. Henderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMOAG. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.