District of New Mexico
Press releases recorded for this federal judicial district.
Texas Woman Sentenced for Federal Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Natali Arvilla Castro, 28, of Horizon City, Texas, was sentenced this morning in federal court in Las Cruces, N.M., to 45 months in prison followed by three years of supervised release for her methamphetamine trafficking conviction.
Castro and Travis Lavar Clark, 36, of Raleigh, N.C., were arrested on May 5, 2014, on a criminal complaint charging them with possession of methamphetamine with intent to distribute. According to the complaint, on Nov. 12, 2013, FBI agents encountered Clark and Castro at a hotel in Doña Ana County, N.M., after receiving information that the couple was transporting methamphetamine from El Paso, Texas to Las Cruces, N.M.
On Sept. 23, 2014, Castro pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. In entering her guilty plea, Castro admitted that on Nov. 12, 2013, Clark and she possessed approximately 757.34 grams of methamphetamine with intent to distribute. Castro further admitted that the methamphetamine was seized by law enforcement from a suitcase in the vehicle she was driving. Castro acknowledged that the pair were being paid to take the methamphetamine from El Paso to open up a “store” in Las Cruces where they intended to sell methamphetamine.
Clark was indicted in Feb. 2014, and charged with possession of methamphetamine with intent to distribute. Clark entered a guilty plea on June 10, 2014, to an indictment charging him with possession of methamphetamine with intent to distribute and acknowledged possessing 757.34 grams of pure methamphetamine. Clark was sentenced on April 28, 2015, to 51 months in prison followed by three years of supervised release.
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. Attorney Maria Y. Armijo 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.
Rio Rancho Man to be Transferred from Indiana to New Mexico to Face Federal Charges Arising from the Alleged Kidnapping and Transporting of a Minor in Interstate Commerce to Engage in Sexual ActivityRead the Press Release
ALBUQUERQUE – A U.S. Magistrate Judge of the U.S. District Court for the Southern District of Indiana has ordered the transfer of Joe Medina, 37, of Rio Rancho, N.M., from Indiana to New Mexico to face a criminal complaint charging him with kidnapping and transporting a minor in interstate commerce for purposes of engaging in sexual activity. The order was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division and Chief Michael Geier of the Rio Rancho Police Department (RRPD).
Medina was arrested in Indianapolis, Ind., on July 20, 2015, on a federal arrest warrant issued based on a criminal complaint filed by the FBI in the U.S. District Court for the District of New Mexico. The criminal complaint charges Medina with kidnapping and transporting a minor in interstate commerce for the purpose of engaging in sexual activity.
According to the criminal complaint, on July 9, 2015, the victim’s mother filed a missing person’s report to the RRPD asserting that the victim had been taken from their home and was missing. The complaint alleges that after the mother learned that Medina and the victim had been communicating with each other without her knowledge, she forced the victim to terminate communications with Medina. The mother reported that on July 7, 2015, Medina allegedly called the victim and threatened to kidnap her and kill her mother if he was denied contact with the victim.
Thereafter, the RRPD’s investigation revealed that Medina allegedly took the victim to Denver, Colo., where they boarded a bus. On July 12, 2015, Medina was arrested on a New Mexico state warrant when Medina and the victim were found on a bus that had stopped in Indianapolis. The criminal complaint alleges that the victim told the Indiana State Police that Medina had taken her against her will.
During a July 13, 2015, interview with the FBI, the victim reiterated that Medina had taken her from outside of her home against her will on July 9, 2015. The victim also told the FBI that Medina took her from Albuquerque to Denver where they abandoned Medina’s car and boarded a bus. After departing Denver, Medina and the victim allegedly traveled on a series of buses until they were stopped in Indianapolis.
If convicted on the kidnapping charge, Medina faces a statutory maximum penalty of life in prison. If convicted for transporting a minor in interstate commerce to engage in sexual activity, Medina faces a mandatory minimum of ten years and a maximum of life in prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The U.S. Marshals Service is in the process of transporting Medina to New Mexico.
This case was investigated by the Albuquerque office of the FBI and the Rio Rancho Police Department, Corrales Police Department, and Denver Police Department with assistance from the 13th Judicial District Attorney’s Office, the U.S. Marshals Service, the Indiana State Police and the FBI in Indianapolis. Assistant U.S. Attorney Sarah Mease is prosecuting the case.
The case is brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Former Ringleader of Albuquerque-Based Drug Trafficking Organization Sentenced to Fourteen Years in Federal PrisonRead the Press Release
ALBUQUERQUE – Christopher Roybal, 35, the former leader of an Albuquerque-based drug trafficking organization, was sentenced this morning in federal court to 168 months in prison followed by five years of supervised release for his conviction on cocaine trafficking and money laundering charges. Roybal also is required to pay a $184,080.00 money judgment under the terms of his plea agreement.
Roybal was one of the 19 defendants charged in Dec. 2012, with drug trafficking and money laundering charges in a 60-count indictment. The indictment was superseded twice; first in Feb. 2014, to add a 20th defendant and a witness tampering charge, and again in Sept. 2014, to add another witness tampering charge and a heroin trafficking charge.
The charges filed in the case were the result of a 16-month multi-agency investigation into a drug trafficking organization headed by Roybal by which was led by the FBI, IRS and Albuquerque Police Department with assistance from the DEA, the HIDTA Region I Narcotic Task Force and the Bernalillo County Sheriff’s Office. The investigation, code-named “Operation Rain Check,” was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is 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.
The original indictment charged Christopher Roybal and ten others, with conspiracy to distribute large quantities of cocaine in New Mexico between Aug. 2011 and Dec. 2012. It also charged Christopher Roybal and nine others with conspiracy to distribute marijuana between Oct. 2011 and Dec. 2012. Additionally, the indictment included three separate money laundering conspiracies, 22 money laundering offenses, and 18 “telephone counts,” offenses alleging the use of a communications device to facilitate a drug trafficking offense. The indictment was superseded in May 2014, to add a new charge against George Roybal, 53, of Albuquerque, alleging that he threatened an FBI informant to prevent the informant from testifying at the trial of this case which was then scheduled to begin on May 19, 2014. It was superseded again in Sept. 2014, to add two new charges alleging another defendant attempted to murder an FBI informant to prevent that informant from testifying at the trial of this case which was then scheduled to begin on Nov. 10, 2014, and with distributing heroin in Bernalillo County, N.M., in May 2014.
On Feb. 25, 2015, Christopher Roybal pled guilty to Counts 1, 37, 38, 39 and 40 of the second superseding indictment, charging him with participating in a cocaine trafficking conspiracy, three money laundering conspiracies, and a substantive money laundering offense. In entering his guilty plea, Christopher Roybal admitted that between Aug. 2011 and Dec. 2012, he conspired with others to distribute kilogram quantities of cocaine in Albuquerque and Las Vegas, N.M. He also admitted participating in three conspiracies that laundered the proceeds of his drug trafficking organization. One conspiracy involved the transportation of drug proceeds from Albuquerque to California to pay for marijuana that was distributed by Christopher Roybal’s organization. The second and third conspiracies involved the laundering of Christopher Roybal’s drug proceeds through accounts at a bank and a credit union. As part of his plea agreement, Roybal agreed to forfeit his Albuquerque residence and a 1967 Chevrolet Camaro.
With the exception of one defendant who is participating in a pretrial diversion program under the supervision of the U.S. Probation Office, all 18 defendants have entered guilty pleas.
This case was investigated by the Albuquerque office of the FBI, IRS Criminal Investigation and the Albuquerque Police Department, with assistance from the DEA, the HIDTA Region I Narcotics Task Force and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Joel R. Meyers and Shana B. Long prosecuted the case. Assistant U.S. Attorney Stephen R. Kotz is responsible for litigating the related civil asset forfeiture actions.
The HIDTA Region I Narcotics Task Force is comprised of the Albuquerque Police Department, Albuquerque office of the DEA, Pojoaque Tribal Police Department, Rio Rancho Police Department, Sandoval County Sheriff’s Office and the Valencia County Sheriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Columbus Man Sentenced to Prison for Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jose Valladolid, 45, of Columbus, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 51 months in prison followed by three years of supervised release for being a felon in possession of firearms.
Valladolid was arrested on Aug. 6, 2014, at the Columbus International Port of Entry (POE) in Luna County, N.M., for being a felon in possession of firearms, and attempting to export those firearms out of the United States. U.S. Customs and Border Protection Officers at the Columbus Port of Entry together with U.S. Border Patrol Agents assisting them with vehicle inspections arrested Valladolid after they found two semi-automatic rifles and ammunition in his vehicle. At the time, Valladolid was prohibited from possessing firearms because he previously had been convicted of a marijuana trafficking crime.
Valladolid was indicted in Nov. 2014, on a two-count indictment charging him with being a felon in possession of a firearm, and fraudulently attempting to smuggle two rifles out of the United States.
On Dec. 11, 2014, Valladolid pled guilty to Count 1 of the indictment and admitted possessing the two semi-automatic rifles and ammunition discovered in his vehicle on Aug. 6, 2014, which he was attempting to smuggle into Mexico in order to deliver to another person. He also admitted that he was prohibited from possessing the firearms because he was a convicted felon.
This case was investigated by the Deming office of HSI, U.S. Border Patrol, U.S. Customs and Border Protection, the Las Cruces office of the Bureau of Alcohol, Tobacco and Firearms and Explosives, and the Las Cruces office of the DEA. Assistant U.S. Attorney Brock Taylor of the Las Cruces Branch Office of the U.S. Attorney’s Office prosecuted the case.
Thomas Martinez Charged with Violating the Federal Carjacking and Firearms LawsRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD) announced that Thomas Martinez, 26, of Albuquerque, N.M., has been charged with violating the federal carjacking and firearms laws in a criminal complaint filed earlier today. Martinez’s initial appearance in federal court has yet to be scheduled.
The criminal complaint charges Martinez with two counts of carjacking and two counts of using and carrying a firearm during and in relation to a crime of violence. The criminal complaint alleges that Martinez committed all four crimes in Albuquerque on July 22, 2015, as he allegedly attempted to evade APD officers who were seeking to arrest him on a warrant arising out of an unrelated state court case.
According to the criminal complaint, Martinez allegedly committed the first carjacking as he attempted to flee from officers conducting surveillance in the vicinity of a hotel in northeast Albuquerque. Martinez allegedly ran to a Chevrolet sedan occupied by a driver and three children as the driver was entering a ramp to Interstate 40. Martinez allegedly brandished a firearm at the driver, pushed the driver into the passenger seat of the Chevrolet, and used the Chevrolet to continue his flight from the officers. The children were able to get out of the vehicle before Martinez drove away with the driver in tow. An APD detective who was attempting to prevent the carjacking was dragged by the Chevrolet as Martinez drove away. As Martinez continued his flight, the driver of the Chevrolet began to fight with Martinez in an effort to get him to stop the vehicle. Martinez allegedly responded by discharging a firearm in an attempt to shoot the driver. When Martinez slowed down, the driver was able to jump out of the Chevrolet.
The complaint further alleges that Martinez continued his flight in the Chevrolet and abandoned the vehicle in a neighborhood in southeast Albuquerque. There Martinez allegedly forced his way into a Cadillac sedan occupied by an older man seated in the front passenger seat of the vehicle. As Martinez began to drive away, another man confronted Martinez, got into the Cadillac, and began fighting with Martinez. During the fight, Martinez allegedly attempted to discharge his gun at the man. Shortly thereafter, the man was able to disarm Martinez, and Martinez was arrested by APD officers.
If convicted, Martinez faces a statutory maximum penalty of 15 years in federal prison on each of the carjacking charges. Martinez faces a statutory mandatory minimum of seven years if he is convicted of brandishing a firearm during a carjacking, and a statutory mandatory minimum of ten years if convicted of discharging a firearm during a carjacking. The sentences imposed on the firearms charges must be served consecutive to any sentence imposed on the carjacking charges. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and APD. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
martinez_complaint.pdf (162.28 KB)
Mexican National Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Nora Asusena Amador-Beltran, 38, a Mexican national illegally in the United States, 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.
Amador-Beltran was arrested on March 11, 2015, at the Greyhound Bus Station in Albuquerque after DEA agents found approximately 2.64 pounds of heroin concealed in her jacket during a consensual search. Amador-Beltran was indicted on March 24, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Amador-Beltran pled guilty to a felony information charging her with possession of heroin with intent to distribute, and admitted that she was in possession of a kilogram of heroin on March 11, 2015. She further admitted that DEA agents found the heroin while the Greyhound Bus on which she was traveling made a stop in Albuquerque. Although Amador-Beltran was traveling under a false name, the DEA found identification documents in her true name and $6,400.00 cash in her belongings.
At sentencing, Amador-Beltran faces a statutory maximum penalty of 20 years in prison. She will be deported after completing her prison sentence. Amador-Beltran 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 Shana B. Long 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.
Mexican National Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Rosa Esmeralda Balderrama-Mendivil, 39, a Mexican national residing in Nogales, Ariz., pled guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge.
Balderrama-Mendivil and her co-defendant Jesus Francisco Javier Morales-Rivas, 30, of Sinaloa, Mexico, were arrested on March 31, 2015, at the Greyhound Bus Station in Albuquerque after DEA agents found approximately 2.75 pounds of heroin in Balderrama-Mendivil’s baggage during a consensual search. On April 14, 2015, Balderrama-Mendivil and Morales-Rivas were charged in a two-count indictment with participating in a heroin trafficking conspiracy and possession of heroin with intent to distribute. The indictment alleged that both offenses were committed on March 31, 2015, in Bernalillo County, N.M.
During today’s proceedings, Balderrama-Mendivil pled guilty to a felony information charging her with conspiracy to possess heroin with intent to distribute. In entering the guilty plea, Balderrama-Mendivil admitted that she was in possession of heroin on March 31, 2015, and that she intended to deliver the heroin to another person upon her arrival in Albuquerque.
At sentencing, Balderrama-Mendivil faces a statutory maximum penalty of 20 years in prison. She will be deported after completing her prison sentence. Balderrama-Mendivil remains in custody pending a sentencing hearing which has yet to be scheduled.
Morales-Rivas has entered a not guilty plea to the complaint and indictment and remains in custody pending trial which has yet to be scheduled. Charges in criminal complaints and indictments are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Paul Mysliwiec 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.
Former Credit Union Employee Sentenced to Prison for Federal Bank Fraud ConvictionRead the Press Release
ALBUQUERQUE – Louisa Gabaldon, 44, of Belen, N.M., was sentenced today in federal court in Albuquerque, N.M., to six months in prison followed by six months of home confinement with radio frequency monitoring for her bank fraud conviction. Thereafter, Gabaldon will be on supervised release for five years. Gabaldon also was ordered to pay $118,376.56 in restitution to the victims of her criminal conduct.
Gabaldon was indicted on Aug. 7, 2013, and charged with 12 counts of bank fraud. The indictment alleged that from Jan. 2004 through July 2010, Gabaldon engaged in an illegal scheme to defraud her employer, the Belen Railroad Employees Credit Union (Credit Union) by making fraudulent withdrawal of funds from accounts belonging to the Credit Union’s customers.
On Oct. 21, 2014, Gabaldon pled guilty to Count 5 of the indictment charging her with fraudulently withdrawing $31,000.00 from a customer’s account on July 31, 2006. The plea agreement, however, required that Gabaldon to pay $118,376.56 in restitution to the Credit Union to cover the losses associated with all 12 counts in the indictment as well as related losses suffered by the Credit Union.
In entering her guilty plea, Gabaldon admitted that, while employed by the Credit Union, she had loan approval which permitted her – when authorized by customers – to make withdrawals from customers’ accounts, transfer funds among their accounts, increase the amount of their loan accounts and open new loans in their names. Gabaldon admitted that, without the knowledge or permission of Credit Union customers, she added amounts to customers’ existing loan accounts and opened new loans in their names and used the funds to pay for her own debts and to make a partial payment for the purchase of a home. In order to conceal her fraudulent activity, Gabaldon moved funds among customers’ accounts to make it appear as if loans had been repaid or funds were replaced.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Sean J. Sullivan.
Curry County Woman Sentenced to 78 Months in Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Tina Tafoya, 33, of Deming, N.M., was sentenced today in Albuquerque, N.M., to 78 months in prison for her methamphetamine trafficking conviction. Tafoya will be on supervised release for five years after completing her prison sentence.
Tafoya and her three co-defendants, Christopher Jason Kidd, 38, Jeanette Driever, 37, 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.
According to court filings, during the course of the conspiracy charged in the indictment, Kidd and Tafoya supplied quantities of methamphetamine to others, including Driever and Perez, who resold the drugs in smaller quantities to users. 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.
Tafoya pleaded guilty to participating in a methamphetamine conspiracy on Dec. 17, 2014. Kidd entered a guilty plea on Nov. 17, 2014, and admitted that he conspired with his co-defendants to distribute methamphetamine in Curry County. Kidd was sentenced on June 16, 2015, to 78 months in prison followed by five years of supervised release.
Driever and Perez entered guilty pleas to federal drug trafficking charges on Nov. 20, 2014. Both pled guilty to participating in a conspiracy to distribute methamphetamine in Curry County. Driever and Perez remain in federal custody pending their sentencing hearings, which have not been scheduled. Under the terms of their plea agreements, Driever will be sentenced to 60 months and Perez will be sentenced to 36 months. Each will serve a five-year term of supervised release after completing his or her prison sentence.
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.
California Woman Pleads Guilty to Federal Heroin and Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Graciela Meraz, 38, of Chula Vista, Calif., pleaded guilty this morning in federal court in Albuquerque, N.M., to heroin and methamphetamine trafficking charges.
Meraz was arrested on Feb. 4, 2015, and was charged in a criminal complaint with possession of heroin and methamphetamine with intent to distribute. According to court documents, Meraz was arrested by DEA agents at the Greyhound Bus Station in Albuquerque after a consensual search of her baggage revealed that she was carrying more than a kilogram of heroin and more than four kilograms of methamphetamine. Meraz was subsequently indicted on those same charges on Feb. 25, 2015.
During today’s proceedings, Meraz pled guilty to a two-count felony information charging her with possession of methamphetamine and heroin with intent to distribute. In entering the guilty plea, Meraz admitted that on Feb. 4, 2015, she was paid by an individual to transport approximately 9.24 pounds of methamphetamine and 2.53 pounds of heroin from Los Angeles, Calif. to Oklahoma City, Okla., when she was arrested by DEA agents.
At sentencing, Meraz faces a statutory minimum of five years and a maximum of 40 years in prison followed by not less than four years of supervised release. Meraz 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 Nicholas J. Ganjei 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.
Albuquerque Man Sentenced to Prison for Federal Mail Fraud and Identity TheftRead the Press Release
ALBUQUERQUE – Jeremy Boucher, 28, of Albuquerque, N.M., was sentenced this morning to 39 months in federal prison followed by three years of supervised release for his mail fraud and identity theft convictions. Boucher was also ordered to pay restitution to the victims of his crimes.
Boucher was arrested on Nov. 25, 2014, on a criminal complaint charging him with mail theft and possession of stolen mail from Dec. 2013 through Oct. 2014, in Bernalillo County, N.M. The complaint alleged that on Nov. 14, 2014, U.S. Postal Inspectors and the Albuquerque Police Department executed a search warrant on Boucher’s residence where they uncovered large amounts of stolen mail, including financial documents, dating back to Dec. 2013.
Boucher was subsequently charged in a four-count indictment on Jan. 8, 2015. Counts 1 and 2 charged Boucher with mail theft from Nov. 2013 through Oct. 2014. Count 3 charged Boucher with an attempt to execute a scheme to obtain money by false pretenses through the use of another person’s bank accounts, and Count 4 charged Boucher with identity theft. All offenses charged occurred in Bernalillo County.
On March 27, 2015, Boucher pled guilty to the four-count indictment without the benefit of a plea agreement.
This case was investigated by the U.S. Postal Inspection Service and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Rio Rancho Man Sentenced to Federal Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Joseph Raymond, 33, of Rio Rancho, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 39 months in prison followed by two years of supervised release for being a felon in possession of firearms and ammunition.
Raymond was arrested on Feb. 7, 2014, based on a criminal complaint alleging that he unlawfully possessed firearms and ammunition on Feb. 5, 2014, in Bernalillo County, N.M. Raymond was subsequently indicted on Feb. 26, 2014, and charged with unlawfully possessing a rifle and multiple rounds of ammunition. At the time, Raymond was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery in the state of Nevada.
On March 2, 2015, Raymond entered a guilty plea to the indictment, and admitted that on Feb. 5, 2014, a search warrant was executed as his residence where agents from the United States Postal Inspectors Service (USPIS) found a rifle and multiple rounds of ammunition. Raymond also admitted that USPIS agent also located evidence that he was involved in possession of stolen mail, and that from Dec. 2013 through Feb. 2014, he conspired with others to steal mail from mail receptacles to obtain checks, debit cards and other mail that might benefit Raymond and his co-conspirators.
This case was investigated by the USPIS and the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant U.S. Attorney Linda Mott.
Laguna Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Anthony Riley, 38, pleaded guilty this morning in federal court in Albuquerque, N.M., to a domestic assault by a habitual offender charge. Under the terms of his plea agreement, Riley will be sentenced to a federal prison term within the range of 13 to 18 months followed by a term of supervised release to be determined by the court.
Riley, a member and resident of Laguna Pueblo, N.M., was arrested on May 1, 2015, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on March 4, 2015, in Indian Country in Cibola County, N.M. According to the criminal complaint, Riley was charged as a habitual offender based on his two prior domestic violence convictions in Laguna Tribal Court. Laguna Tribal Court records reflect that Riley’s prior convictions occurred in 2005 and 2009, and that the victim was also an intimate partner.
Riley was subsequently indicted on the same charge on May 28, 2015.
During today’s proceedings, Riley pled guilty to the indictment and admitted that on March 4, 2015, he assaulted the victim, his intimate partner by striking her in the head and face with his fists. He also acknowledged his prior tribal court convictions. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney David Adams pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Albuquerque Man Pleads Guilty to Robbing 16 Businesses in New Mexico, Texas and Colorado During Three Month Period in 2012Read the Press Release
ALBUQUERQUE – Christopher Perea, 30, of Albuquerque, N.M., pleaded guilty today in federal court to violating the Hobbs Act by robbing 16 businesses involved in interstate commerce. The guilty plea 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).
Perea was arrested in Oct. 2012, based on an indictment charging him with violating the Hobbs Act by robbing an Albuquerque business that was engaged in interstate commerce.
During today’s proceedings, Perea entered a guilty plea to the one-count indictment and a 15-count felony information charging him with interfering with interstate commerce by robbing the following 16 businesses between May 2012 and July 2012:
- Satellite Coffee on Montgomery Blvd. NW in Albuquerque on May 11, 2012;
- Subway located on Louisiana NE in Albuquerque on June 1, 2012;
- Kentucky Fried Chicken on San Mateo NE in Albuquerque on June 7, 2012;
- Radio Shack on Lomas NE in Albuquerque on June 10, 2012;
- Subway on Jefferson NE in Albuquerque on June 17, 2012;
- Subway on Montgomery Blvd. NW in Albuquerque on June 21, 2012;
- Flower Company on Juan Tabo NW in Albuquerque on June 21, 2012;
- GameStop on Lamar Blvd. in Austin, Texas, on June 26, 2012;
- GameStop on Brodie Lane in Sunset Valley, Texas, on June 27, 2012;
- GameStop on N IH 35 in Austin, Texas, on June 28, 2012;
- GameStop on The Lakes Blvd. in Austin, Texas, on July 2, 2012;
- Radio Shack on Colorado Blvd. in Denver, Colo., on July 5, 2012;
- GameStop on E. Quincy Ave. in Aurora, Colo., on July 7, 2012;
- Radio Shack on Colfax Ave. in Denver, Colo., on July 7, 2012;
- Hobby Lobby on S. Monaco Pkwy. in Denver, Colo., on July 9, 2012; and
- GameStop on Southgate Rd. in Colorado Springs, Colo., on July 10, 2012.
In entering guilty pleas to the robberies he committed in Texas and Colorado, Perea waived his right to be tried separately in Texas and Colorado for the crimes committed in those states, and instead agreed to consolidate all the proceedings in the District of New Mexico.
Perea has been in federal custody since his arrest in Oct. 2012, and remains detained pending his sentencing hearing. Perea faces a statutory maximum sentence of 20 years on each of the 16 Hobbs Act counts to which he pleaded guilty.
This case was investigated by the Albuquerque office of the FBI. The FBI partnered with APD to investigate the Albuquerque robberies; it partnered with the Austin (Texas) Police Department to investigate the Texas robberies and with the Aurora (Colorado) Police Department to investigate the Colorado robberies.
Assistant U.S. Attorney Jon K. Stanford is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Santa Fe Man Sentenced to Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – George B. Lamonda, 44, of Santa Fe, N.M., was sentenced today to 63 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Lamonda and co-defendant Jared Ray Behrends, 33 of Albuquerque, N.M., were arrested on a criminal complaint in Feb. 2014. A third defendant, Jason Parris, 35, of Rio Rancho, N.M., was arrested in Mar. 2014. According to court filings, on Feb. 12, 2014, the New Mexico State Police found approximately 502.7 grams of methamphetamine concealed within a Tupperware container that was in a bag of dog food when they searched Lamonda’s vehicle during a routine traffic stop.
The three defendants were indicted in Mar. 2014, in an eight-count indictment charging Lamonda, Behrends and Parris with conspiring to distribute methamphetamine, Count 2 charges Lamonda and Behrends with possession of methamphetamine with intent to distribute, Counts 3 and 4 charge Parris with using a telephone to facilitate a drug trafficking crime, and Counts 5 through 8 charge Parris with distributing methamphetamine. The indictment alleged that the defendants committed these offenses between Oct. 2013 and Jan. 2014, in Bernalillo County, N.M.
Lamonda pled guilty on March 20, 2015, to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Lamonda admitted that on Feb. 11, 2014, he travelled with Behrends to Phoenix, Ariz., to purchase methamphetamine knowing that the drugs would be distributed in Albuquerque. He further admitted that they hid the drugs in a bag of dog food before returning to Albuquerque, where they were stopped by law enforcement and found to be in possession of approximately 442.9 grams of methamphetamine.
Behrends pled guilty on Sept. 9, 2014, to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Behrends admitted that on Feb. 11, 2014, he travelled with Lamonda to Phoenix, Ariz., to purchase methamphetamine knowing that drugs would be distributed in Albuquerque. He further admitted that they hid the drugs in a bag of dog food before returning to Albuquerque. Behrends also acknowledged making a similar trip to Phoenix with Lamonda and that he received $500.00 when they returned to Albuquerque. Behrends was sentenced on March 6, 2015, to 60 months in prison followed by three years of supervised release.
Parris pled guilty on Sept. 11, 2014, to Count 8 of the indictment charging him with distribution of methamphetamine. He admitted that on Jan. 27, 2014, he sold 27.9 grams of methamphetamine to an undercover law enforcement officer. Parris was sentenced on Feb. 18, 2015, to 51 months in federal prison followed by three years of supervised release.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorneys Jennifer M. Rozzoni and Stephen R. Kotz prosecuted the case.
Prior Sex Offender from Albuquerque Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Michael Lippke, 71, of Albuquerque, N.M., made his initial appearance in federal court on a nine-count indictment charging him with child pornography charges. Lippke remains in custody pending a detention hearing, which is scheduled for July 20, 2015.
Lippke was arrested yesterday on an indictment that charges him with two counts of distribution of visual depictions of minors engaged in sexually explicit conduct and seven counts of possession of visual depictions of minors engaged in sexually explicit conduct. The indictment alleges that Lippke distributed child pornography on July 20, 2014 and July 22, 2014. It also alleges that Lippke possessed child pornography between Sept. 16, 2014 and Dec. 10, 2014 on various computers and computer-related media. Lippke is alleged to have committed the nine offenses in Bernalillo County, N.M.
If convicted on a distribution charge, Lippke faces a statutory mandatory minimum of 15 years and a maximum of 40 years in prison. If convicted on a possession charge, Lippke faces a statutory mandatory minimum of ten years to a maximum of 20 years in prison. Lippke also would be required to register as a sex offender. Lippke faces an enhanced sentence because he previously was convicted on a child pornography charge.
Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the Homeland Security Investigations and the New Mexico Office of the Attorney General, with assistance from the 2nd Judicial District Attorney’s Office. All three entities are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
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/.
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. This case was investigated by the ATF office in Albuquerque and APD.
The case also is brought 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.
Federal Grand Jury Files Indictment Charging Kevin Folse with Firearms and Carjacking ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD) announced today that a federal grand jury has filed an indictment charging Kevin Folse, 30, of Albuquerque, N.M., with firearms and carjacking charges.
Folse made his initial appearance in federal court on the three-count indictment this morning. He was remanded into the custody of the U.S. Marshals Service and will be detained pending trial.
Folse initially was charged on July 6, 2015, by criminal complaint with being a felon in possession of a firearm and ammunition. The indictment subsequently was filed on July 14, 2015, and charged Folse with (1) being a felon in possession of a firearm, (2) carjacking, and (3) brandishing a firearm during a crime of violence. The indictment alleges that Folse committed the three crimes on July 2, 2015, in Bernalillo County, N.M.
Court filings allege that between June 30, 2015 and July 2, 2015, Folse committed a number of violent crimes as he eluded arrest by APD officers. On the morning of July 2, 2015, Folse allegedly threw a semiautomatic pistol out of a vehicle he was driving while being pursued by APD officers. APD officers subsequently recovered the firearm from an individual who was working in the vicinity of the area that the firearm was thrown. Folse allegedly wrecked the vehicle he was driving and continued his flight on foot. APD officers then observed Folse allegedly commit a carjacking and flee in the carjacked vehicle.
According to court records, Folse was prohibited from possessing firearms or ammunition on July 2, 2015, because he was a convicted felon. Court records reflect that Folse had been convicted for receiving or transferring a stolen vehicle, marijuana trafficking, and aggravated battery with a deadly weapon and being a felon in possession of a firearm.
Folse was arrested in the late night hours of July 3, 2015, by officers of the Isleta Pueblo Tribal Police Department. Folse remained in state custody on related state charges until today when he was transferred to federal custody. The state charges against Folse will be dismissed in favor of federal prosecution.
If convicted of the charges in the indictment, Folse faces a statutory maximum penalty of ten years in federal prison for unlawfully possessing a firearm and ammunition and ten years on the carjacking charge. If convicted for brandishing a firearm during a crime of violence, Folse faces a statutory mandatory minimum of seven years in prison which must be served consecutive to any sentence imposed on the felon in possession and carjacking charges. Charges in criminal complaints and indictments are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the Isleta Pueblo Tribal Police Department and the Second Judicial District Attorney’s Office. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Navajo Man from Littlewater, N.M., Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Michael Benally, 31, an enrolled member of the Navajo Nation who resides in Littlewater, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 41 months in prison followed by three years of supervised release for his assault conviction. Benally is the last of three defendants to be sentenced in this case.
Benally and co-defendants Gabriel Largo, 28, and Joshua Largo, 20, both enrolled members of the Navajo Nation who reside in Crownpoint, N.M., were arrested on Sept. 17, 2014, on a criminal complaint charging them with assaulting a Navajo man with a sledgehammer and a rock and causing him serious bodily injury. According to the complaint, the assault took place in the Crownpoint Chapter of the Navajo Nation in McKinley County, N.M., on Sept. 5, 2014.
The three co-defendants subsequently were indicted on Oct. 7, 2014, in a four-count indictment. Count 1 charged Benally with assaulting the victim and causing him serious bodily injury on July 30, 2014. Count 2 charged Benally, Gabriel Largo and Joshua Largo with conspiring to assault the victim by chasing the victim, throwing rocks at him, kicking him, and striking him with a sledgehammer on Sept. 5, 2014. Counts 3 and 4 charged the three defendants with assault resulting in serious bodily injury and assault with a dangerous weapon.
On March 27, 2015, Benally pled guilty to a felony information charging him with conspiracy to commit assault resulting in bodily injury and assault with a dangerous weapon. Benally admitted that on Sept. 5, 2014, he and his co-defendants approached the victim who was selling firewood. When the victim ran away from them, Benally and his co-defendants chased the victim, threw rocks at him and knocked him down. The three men then hit and kicked the victim. In his plea agreement, Benally admitted taking a sledgehammer from his truck and striking the victim in the legs with it with the intention of injuring and harming him. Benally further admitted that at some point he handed the sledgehammer to Gabriel Largo who used it to strike the victim.
On March 5, 2015, Gabriel Largo pled guilty to a felony information charging him with assault, and admitted that on Sept. 5, 2014, he and his co-defendants assaulted the victim. When the victim ran away from them, Gabriel Largo and his co-defendants chased the victim, threw rocks at him and knocked him down. In his plea agreement, Gabriel Largo admitted obtaining a sledgehammer from Benally and using it to strike the victim.
Joshua Largo also pled guilty to a felony information on March 5, 2015, and admitted his participation in a conspiracy to assault the victim. Joshua Largo admitted joining his co-defendants in chasing the victim, throwing rocks at him and knocking him down, and hitting and kicking the victim.
Gabriel Largo and Joshua Largo were both sentenced on June 4, 2015, for their assault convictions. Garbiel Largo was sentenced to 37 months in prison followed by three year of supervised release, while his brother Joshua Largo was sentenced to 24 months in prison followed by one year of supervised release.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Linda Mott.
Navajo Woman from Arizona Sentenced to Probation for Federal Assault and Child Abuse Charges in New MexicoRead the Press Release
ALBUQUERQUE – Bridget Wilson, 22, an enrolled member of the Navajo Nation who resides in Sawmill, Ariz., was sentenced this afternoon in federal court in Albuquerque, N.M., to three years of probation for her conviction on assault and child abuse charges.
Wilson was arrested on Feb. 10, 2015, on an indictment charging her with assault resulting in serious bodily injury and abuse of a child. According to the indictment, Wilson committed the offenses on April 4, 2014, within the Navajo Indian Reservation in San Juan County, N.M.
On April 15, 2015, Wilson pled guilty the indictment and admitted that on April 4, 2014, she assaulted the victim, causing the victim to suffer serious bodily injury. She also acknowledged putting the victim, who was under the age of 18 years, in a situation that endangered the victim’s life or health.
This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Former Texas State Judge in Federal Judicial Corruption Case Sentenced to PrisonRead the Press Release
ALBUQUERQUE – A former Texas state district court judge in Bexar County, Texas, was sentenced this afternoon by U.S. District Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas in San Antonio, Texas, for his conviction on an honest services wire fraud charge. Angus Kelly McGinty, 51, will serve a 24-month term of incarceration followed by a year of supervised release.
Alberto Acevedo, Jr., 61, a San Antonio attorney, who was convicted of bribing McGinty in exchange for favorable judicial rulings that benefited Acevedo and his clients, also was sentenced this afternoon. Noting that Acevedo provided substantial assistance to the United States in its investigation and prosecution of McGinty, Judge Rodriguez sentenced Acevedo to a year and a day in prison followed by three years of supervised release.
“Fairness and impartiality are the cornerstones of our judicial system, and judges are expected to protect the public’s trust in the system. Those who fail to do so will be held accountable,” said U.S. Attorney Damon P. Martinez. “We cannot and will not allow the public’s faith in our legal system to be shaken by judicial corruption.”
“Judge Angus McGinty is just one more name on a long list of public officials who have come to realize how committed the FBI is to investigating public corruption,” said FBI Special Agent in Charge Christopher H. Combs of the FBI’s San Antonio Division.
McGinty initially was charged with conspiracy to commit federal programs bribery, federal programs bribery, extortion under color of official right, and honest services wire fraud in an indictment filed in the U.S. District Court for the Western District of Texas in June 2014. In Feb. 2015, a five-count superseding indictment was filed charging McGinty with conspiracy to commit honest service wire fraud, three counts of honest services wire fraud, and extortion under color of official right. At the time of the events underlying the charges in the indictments, McGinty was a state district court judge in the criminal division of the 144th Judicial District Court in Bexar County, Texas. According to the superseding indictment, between Jan. 2013 and Sept. 2013, McGinty solicited and accepted bribes from Acevedo, an attorney who appeared before him, in exchange for favorable rulings for Acevedo’s clients. McGinty resigned from the bench on Feb. 14, 2014.
According to court documents, from Jan. 2013 through Sept. 2013, McGinty solicited and accepted bribes from Acevedo in exchange for favorable judicial rulings that benefited Acevedo and his clients. Acevedo’s bribes to McGinty included cash, car repairs, arranging the sale of McGinty’s vehicle, and registering a vehicle purchased by McGinty. In exchange, McGinty provided the favorable judicial rulings requested by Acevedo, including lenient sentences and less restrictive conditions of release for Acevedo’s clients. According to the indictments, McGinty received gifts, payments and other things of value totaling more than $6,655.00 from Acevedo.
McGinty pled guilty on April 13, 2015, to an honest services wire fraud charge and admitted depriving the State of Texas and citizens of Bexar County of his honest services by soliciting and accepting bribes intended to influence his judicial decisions.
Acevedo pled guilty on March 17, 2014, to a felony information charging him with bribery involving a program receiving federal funds. In entering his guilty plea, Acevedo admitted that he corruptly influenced McGinty by giving him things of value in exchange for favorable judicial rulings that benefitted him and his clients.
U.S. Attorney Damon P. Martinez praised the investigative work of the San Antonio Division of the FBI. The prosecution of this case in federal court in San Antonio, Texas, was handled by Special Attorneys Mark A. Saltman and Brock E. Taylor of the U.S. Attorney’s Office for the District of New Mexico. The U.S. Attorney’s Office for the Western District of Texas was recused.
Former NMSU Student Sentenced to Probation for Hindering Investigation into Internet Threats to Shoot up the UniversityRead the Press Release
ALBUQUERQUE – Zachary Milton Hess, 20, of Las Cruces, N.M., was sentenced this afternoon in federal court to five years of probation for his conviction on a misdemeanor charge of being an accessory after the fact to the interstate transmission of an extortionate communication. Hess was also ordered to pay $77,934.00 in restitution to the university.
Hess was arrested on Aug. 25, 2014, on a criminal complaint charging him with sending in interstate commerce a threat to shoot up his college campus. According to the criminal complaint, on May 27, 2014, an individual anonymously threatened to “shoot [his] college campus up in 3 days” and identified his college as New Mexico State University (NMSU) while “chatting” on an Internet website. The threat subsequently was posted on to NMSU’s Facebook page and was passed onto law enforcement, including the FBI. The FBI’s investigation revealed that the IP Address from which the threat was posted was subscribed to Hess’s residence. An examination of Hess’s computer revealed that it had been used to visit the website on the same date and time on which the threat was posted.
The criminal complaint states that NMSU expended significant resources in responding to the threat. Among other things, NMSU officials informed approximately 18,774 students, facility, staff and private citizens about the anonymous threat; advised students, faculty and staff to depart the campus; and shut down its new student registration process. NMSU lost approximately 1,000 staff hours in responding to the threat.
On March 18, 2015, Hess pled guilty to being an accessory after the fact to the interstate transmission of an extortionate communication. In his plea agreement, Hess admitted that on May 29, 2014, he knew that communications had been sent over the Internet making threats to shoot up NMSU and that he assisted in hindering the investigation into the threats.
This case was investigated by the Las Cruces office of the FBI and the NMSU Police Department, and is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
Sheepsprings, N.M., Man Sentenced to Probation for Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Jeremiah Ray Johnson, 39, an enrolled member of the Navajo Nation who resides in Sheepsprings, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to two years of probation for his misdemeanor assault conviction.
Johnson was indicted on Aug. 12, 2014, and charged with assault resulting in serious bodily injury. The indictment alleged that Johnson assaulted the victim in San Juan County, N.M, on April 3, 2013.
On Feb. 18, 2015, Johnson pled guilty to an information charging him with a misdemeanor assault charge. Johnson admitted that on April 3, 2013, while at a residence in Sheepsprings, N.M., he punched and stabbed a Navajo man with a knife during a fight. The victim required hospitalization as a result of his injuries.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Jacob Wishard is prosecuting this case.
Prior Felon from Albuquerque Sentenced to Prison for Unlawful Possession of Firearms and AmmunitionRead the Press Release
ALBUQUERQUE – Stephen Tyler Dawe, 38, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison followed by three years of supervised release for being a felon in possession of firearms and ammunition.
Dawe was arrested in Oct. 2014, on a criminal complaint alleging that he unlawfully possessed an unregistered firearm and ammunition on Sept. 28, 2014, in Bernalillo County, N.M. Dawe subsequently was indicted on Oct. 7, 2014, and charged with unlawfully possessing a single shot 12 gauge weapon made from a shotgun and multiple rounds of ammunition. At the time, Dawe was prohibited from possessing firearms or ammunition because he previously had been convicted of shooting at or from a motor vehicle, receiving or transferring a stolen motor vehicle, and being a felon in possession of a firearm.
On Nov. 24, 2014, Dawe pled guilty to the indictment and admitted that on Sept. 28, 2014, he was a passenger in a vehicle and was in possession of the firearm which was located at his feet in the rear passenger floorboard where he was seated. Dawe also admitted that the firearm was loaded with ammunition and that he was carrying additional ammunition.
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 Paul Mysliwiec prosecuted the case.
Michael Scott Ponce Charged with Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Michael Scott Ponce, 38, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. Ponce waived his right to a detention hearing and will be detained pending trial.
The federal charge against Ponce was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
U.S. Attorney Damon P. Martinez said that this case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
“Taking armed felons off our streets is our primary mission,” said ATF Special Agent in Charge Thomas G. Atteberry. “I want to recognize the bravery of our agents and the officers of the Albuquerque Police Department for their commitment to pursuing dangerous armed felons.”
“The assistance of our federal law enforcement partners and the willingness of U.S. Attorney’s Office to pursue federal charges against repeat offenders are having a dramatic, positive impact in our city,” Albuquerque Police Chief Gorden Eden said. “Working together, we are sending a message to repeat offenders that violent crime will not be tolerated.”
The criminal complaint alleges that Ponce unlawfully possessed a firearm and ammunition on June 27, 2015, in Bernalillo County, N.M. According to the criminal complaint, on June 27, 2015, APD officers who responded to reports of a shooting in downtown Albuquerque observed a vehicle driven by Ponce as it struck another vehicle as Ponce allegedly attempted to flee from the area. APD officers pursued Ponce into a residential neighborhood where they took him into custody. As they were arresting Ponce, the officers allegedly observed a firearm cartridge in Ponce’s vehicle. Before they arrested Ponce, the APD officers observed Ponce throw an item from his vehicle, and later found a semiautomatic pistol in the area where they had observed Ponce throw the object.
According to court records, on June 27, 2015, Ponce was prohibited from possessing firearms or ammunition because he previously had been convicted of two counts of aggravated assaults with a deadly weapon, aggravated battery with a deadly weapon causing great bodily harm, and trafficking a controlled substance in the Second Judicial Court for the State of New Mexico in Bernalillo County. Ponce also had a prior federal conviction on a cocaine trafficking charge. At the time of his arrest on June 27, 2015, Ponce was on supervised release after having served a sentence of incarceration on the federal conviction.
Ponce was arrested on June 27, 2015, on related state charges and remained in state custody until July 13, 2015, when he was transferred to federal custody. The state charges against Ponce will be dismissed in favor of federal prosecution.
If convicted of the charge in the criminal complaint, Ponce faces a statutory maximum penalty of ten years in federal prison. If the court determines that Ponce is an armed career criminal, he faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment. Charges in criminal complaints are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the Bernalillo County Sheriff’s Office and the Second Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
Laguna Pueblo Man Sentenced to Probation for Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Lawrence Lockwood, 32, a member and resident of Laguna Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to two years of probation for his misdemeanor assault conviction.
Lockwood was arrested on Feb. 11, 2015, on a criminal complaint alleging that Lockwood assaulted his intimate partner on Jan. 5, 2015, during a domestic dispute by shoving her onto a bed and restricting her movement.
On April 22, 2015, Lockwood pled guilty to a misdemeanor information charging him with simple assault. In entering his guilty plea, Lockwood admitted that on Jan. 5, 2015, he forcefully pushed the victim at a location within the Pueblo of Laguna in Cibola County, N.M.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department and was prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and David Adams.
It 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.
Albuquerque Man Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Patrick M. Lopez, 47, of Albuquerque, N.M., was arrested on July 10, 2015, on federal child pornography charges. Lopez made his initial appearance in federal court earlier today. He remains in custody pending a preliminary hearing and detention hearing, both of which currently are scheduled for tomorrow morning.
The criminal complaint charges Lopez with possession of visual depictions of minors engaged in sexually explicit conduct. The charges against Lopez arise from an investigation by the FBI and the Bernalillo County Sheriff’s Office (BCSO). On July 10, 2015, the FBI and BCSO executed a federal search warrant at Lopez’s residence. During the search, forensic examiners found videos consistent with child pornography that had been downloaded onto a laptop computer.
If convicted on the charges in the criminal complaint, Lopez faces a federal prison term of up to ten years. Lopez 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 and the BCSO, both members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The case is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and 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/.
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.
Prior Felon from Albuquerque Arrested for Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jason Blackwood, 42, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with violating the federal firearms laws. Blackwood remains in federal custody pending a detention hearing scheduled for July 13, 2015.
The federal charges against Blackwood were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Bernalillo County Sheriff Manuel Gonzales III.
Blackwood was arrested this morning on a criminal complaint charging him with being a felon in possession of firearms and ammunition, possession of an unregistered saw-off shotgun, and using and carrying firearms in furtherance of a drug trafficking crime. Blackburn is prohibited from possessing firearms and ammunition because he previously was convicted on a robbery in a California state court.
The complaint alleges that on June 22, 2015, deputies of the Bernalillo County Sheriff’s Office (BCSO) executed a search warrant at Blackwood’s residence in the northeast heights of Albuquerque. During the search, the deputies seized five firearms, including a sawed off shotgun with no serial number, and hundreds of rounds of ammunition. They also seized approximately 41 grams of heroin, two grams of methamphetamine, and narcotics paraphernalia. Also on June 22, 2015, the BCSO also searched a storage unit allegedly used by Blackwood. From the storage unit, the deputies seized three more firearms.
If convicted for being a felon in possession of firearms and ammunition or possession of a sawed-off shotgun, Blackwood faces a statutory maximum penalty of ten years in prison. If convicted for using a firearm in furtherance of a drug trafficking crime, Blackwood faces a mandatory minimum penalty of five years in prison which must be served consecutive to the sentence imposed on other charges. Charges in criminal complaints are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and BCSO with assistance from the Second Judicial District Attorney’s Office. Assistant U.S. Attorney Shammara H. Henderson is prosecuting the case.
This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Non-Indian Man Charged with Murdering an Indian Man in Ohkay Owingeh PuebloRead the Press Release
ALBUQUERQUE – Jack R. Patterson, Jr., 66, a non-Indian, who resides in the Pueblo of Ohkay Owingeh, N.M., appeared in federal court in Albuquerque, N.M., this morning on a criminal complaint charging him with murder and violating the federal firearms laws. Patterson, who was arrested on July 8, 2015, was ordered detained pending trial.
Antonio Valdez, 24, is charged in a separate criminal complaint with aiding and abetting murder and being an accessory after the face. Valdez, also a non-Indian who resides in the Pueblo of Ohkay Owingeh, has yet to be apprehended and is considered a fugitive.
Patterson is charged with murdering an Indian of the Ohkay Owingeh Pueblo and Northern Cheyenne Tribe who is an enrolled member of the Northern Cheyenne Tribe on the night of May 25, 2015, in Chamita, N.M., which is located in Ohkay Owingeh Pueblo. He also is charged with being a felon in possession of a firearm. Valdez is charged with being an accessory after the fact for allegedly assisting Patterson conceal his crime by helping Patterson bury the victim’s remains in a shallow grave outside Patterson’s residence in Chamita.
The charges against Patterson and Valdez were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge William McClure of District IV of the Bureau of Indian Affairs (BIA) Office of Justice Services, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Chief Pete N. Kassetas of the New Mexico State Police and Chief Donovan Trujillo of the Ohkay Owingeh Tribal Police Department.
According to court filings, the charges against Patterson and Valdez are the result of an investigation initiated by the BIA on May 27, 2015, after learning that the Ohkay Owingeh Tribal Police Department received a missing person’s report about the victim. By late June 2015, the investigative team, which grew to include the FBI and New Mexico State Police, had learned that the victim had last been seen in the company of Patterson and Valdez. Witnesses reported hearing gunshots coming from the direction of Patterson’s residence on the night of May 25, 2015. Witnesses also reported hearing that Valdez allegedly killed the victim and that Valdez allegedly claimed to know where the victim was buried.
On July 7, 2015, the investigators executed a federal search warrant at Patterson’s residence. During the search, human remains were found in a grave on Patterson’s property. The remains were identified as those of the victim by tattoos. A rifle, which was loaded with ammunition, was also seized during the search of Patterson’s property. Patterson was prohibited from possessing either firearms or ammunition because of his status as a convicted felon.
If convicted, Patterson faces a maximum penalty of life imprisonment on the murder charge and a maximum penalty of ten years in prison for being a felon in possession of a firearm. If convicted, Valdez faces a maximum penalty of life imprisonment on the murder charge and a maximum penalty of 15 years in prison on the accessory after the fact charge.
Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
A photograph of fugitive Antonio Valdez is attached to this press release. Anyone with information on the whereabouts of this fugitive is asked to contact the BIA at (505) 455-2295.
The charges against Patterson and Valdez are the result of investigation by the Northern Pueblos Agency of the BIA’s Office of Justice Services, the FBI, the Ohkay Owingeh Tribal Police Department, the FBI’s Evidence Response Team and the New Mexico State Police. Assistant U.S. Attorney Sarah Jane Mease is prosecuting the case.
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Justin Brouillette Facing Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD) announced today that Justin Brouillette, 21, of Albuquerque, N.M., has been charged with federal carjacking and firearms offenses. Brouillette’s initial appearance in federal court has not yet been scheduled.
Earlier today, the United States filed a criminal complaint alleging that Brouillette committed the following three crimes in Bernalillo County, N.M., on July 8, 2015: (1) attempted carjacking, (2) using and brandishing a firearm during and in furtherance of a crime of violence, and (3) being a felon in possession of a firearm and ammunition. Brouillette was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court records reflect that Brouillette has two felony convictions for receiving or transferring stolen vehicles in the Second Judicial District Court for the State of New Mexico in Bernalillo County.
According to the criminal complaint, Brouillette allegedly used a firearm yesterday afternoon to shoot at APD officers as they attempted to execute a traffic stop on Brouillette as he was driving in southeast Albuquerque. It further alleges that shortly thereafter Brouillette crashed his vehicle into another vehicle (the Ford), and then attempted to carjack the Ford by brandishing a firearm at the Ford’s owner and ordering him out of the car. While Brouillette was allegedly attempting to carjack the Ford, APD officers drove into the area and Brouillette allegedly fled on foot after discharging the firearm at the officers for a second time. APD officers arrested Brouillette late yesterday afternoon and retrieved the firearm allegedly used by Brouillette to shoot at the officers.
If convicted on the charges in the criminal complaint, Brouillette faces a statutory maximum penalty of 15 years in prison on the attempted carjacking charge, and a statutory maximum penalty of ten years in prison for being a felon in possession of a firearm. If convicted for brandishing a firearm in furtherance of a crime of violence, Brouillette faces a statutory mandatory minimum of seven years and a maximum of life in prison which must be served consecutive to any sentence imposed on the other two charges. Charges in criminal complaints are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and APD. Assistant U.S. Attorney Presiliano A. Torrez is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
brouillette_complaint.pdf (246.78 KB)
Arizona Woman Pleads Guilty to Federal Narcotics Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Serina Josephina Rivera, 27, of Sells, Ariz., entered a guilty plea yesterday in federal court in Albuquerque, N.M., to methamphetamine and heroin trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Rivera and co-defendant Anna Maria Rodriguez, 32, of Phoenix, Ariz., were arrested on April 25, 2014, and charged in a criminal complaint with possession of methamphetamine and heroin with intent to distribute in Bernalillo County, N.M. According to the complaint, New Mexico State Police recovered bundles containing 5.9 pounds of methamphetamine and 2.8 pounds of heroin which were concealed in the vehicle that Rivera and Rodriguez were driving during a routine traffic stop.
Rivera and Rodriguez were subsequently charged in a three-count indictment that was filed on May 21, 2014. The indictment charged the two women with (1) conspiracy to distribute heroin and methamphetamine, (2) possession of heroin with intent to distribute, and (3) possession of methamphetamine with intent to distribute on April 25, 2014, in Bernalillo County.
During yesterday’s proceedings, Rivera pled guilty to the two counts of the indictment charging her with possession of heroin and methamphetamine with intent to distribute. Rivera admitted that she and Rodriguez were stopped by law enforcement in New Mexico on April 25, 2014, while driving a vehicle containing five packages of methamphetamine and two packages of heroin from Phoenix, Ariz., to Dallas, Texas.
Rodriguez pled guilty to the same charges on June 5, 2015. At sentencing Rivera and Rodriguez each face a maximum penalty of 20 years in prison followed by not less than three years of supervised release. Sentencing hearings have yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Joel Meyers is prosecuting the case.
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.
Albuquerque Man Sentenced to Prison for Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – David Godfrey, Jr., 28, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for his heroin trafficking conviction. Godfrey will be on supervised release for four years following his term of incarceration.
Godfrey was arrested on Sept. 8, 2014, on a two-count indictment charging him with distribution of more than 100 grams of heroin and using and carrying a firearm in relation to a drug trafficking crime. According to the indictment, Godfrey committed the crime on Feb. 13, 2013, in Bernalillo County, N.M.
On April 6, 2015, Godfrey pled guilty to Count 1 of the indictment charging him with distribution of heroin. In entering the guilty plea, Godfrey admitted that on Feb. 13, 2013, he handed a bag containing more than 100 grams of heroin to another person in northeast Albuquerque. Godfrey also admitted that at the time he had a .45 caliber pistol in his waistband for protection.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Paul Mysliwiec prosecuted 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 collaboration between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Farmington Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Michael Graham, 42, of Farmington, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to being a felon in possession of firearms and ammunition.
Graham was charged in an indictment on Aug. 26, 2014, with being a felon in possession of firearms and ammunition on Feb. 9, 2014 in San Juan County, N.M. Graham was prohibited at the time from being in possession of firearms or ammunition because he had previously been convicted of accessory to bringing contraband into a jail, aggravated assault, and being a felon in possession of a firearm.
During today’s proceedings, Graham pled guilty to the indictment under a plea agreement with the U.S. Attorney’s Office. In entering the guilty plea, Graham admitted that on Feb. 9, 2014, in Farmington, he possessed a loaded pistol with an obliterated serial number. Graham admitted knowing that as a convict felon, he was prohibited from possessing firearms or ammunition.
At sentencing, Graham faces a statutory maximum penalty of ten years in federal prison followed by up to three years of supervised release. Graham remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
Tucumcari Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Alexander Page, 27, of Tucumcari, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Page will be sentenced to federal prison not to exceed 30 months followed by a term of supervised release to be determined by the court.
Page and his co-defendants, Michael Montoya, 36, Brian Acuna, 23, and Dianna Hernandez-Trujillo, 24, all of Clovis, N.M., were arrested in Nov. 2013, on a six-count indictment charging them with trafficking methamphetamine in three New Mexico counties. Count 1 charged Page and his co-defendants with conspiracy to distribute methamphetamine in Curry County between Oct. 2007 and Nov. 2013. Count 2 charged Montoya with possession of methamphetamine with intent to distribute on Oct. 11, 2011 in Curry County. Count 3 charged Montoya, Acuna, and Hernandez-Trujillo with possession of methamphetamine with intent to distribute on March 27, 2012, in Cibola County. Count 4 charged Montoya and Page with possession of methamphetamine with intent to distribute on Nov. 7, 2012, in Socorro County. Count 5 charged Montoya with attempting to purchase a residence with money derived from a drug trafficking activity on Sept. 22, 2010, in New Mexico. Count 6 charged Acuna with using and carrying a firearm in relation to a drug trafficking crime on March 27, 2012, in Cibola County.
During today’s proceedings, Page pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Page admitted that he was stopped for driving 85 miles per hour in a 35 mile per hour zone by a Socorro County Sheriff’s Deputy on Nov. 7, 2012, while traveling near Socorro, N.M. During a search of the vehicle driven by Page, the Deputy found approximately 1259 grams of methamphetamine in a hidden compartment in the vehicle. At the time, Page was transporting the methamphetamine to Clovis where the drugs were to be sold and where Page was to be paid for transporting the drugs.
Page remains in federal custody pending his sentencing hearing, which has yet to be scheduled.
Acuna pled guilty on June 26, 2014, to Counts 1 and 3 of the indictment, charging him with participation in a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute. He also pled guilty to Count 6 of the indictment, charging him with using and carrying a firearm in relation to and in furtherance of a drug trafficking crime. In entering his guilty plea, Acuna admitted that on March 27, 2012, he and a co-defendant were stopped by police while transporting methamphetamine from California to Clovis. At the time of the stop, Acuna and the co-defendant knew that a large quantity of methamphetamine was concealed in a secret compartment in the vehicle and that additional methamphetamine was in a backpack in the vehicle. Acuna also admitted that he had a revolver and ammunition in the vehicle for protection.
At sentencing, Acuna faces a mandatory minimum of 10 years to a maximum of life imprisonment on the methamphetamine trafficking charges. On the gun charge, Acuna faces a mandatory minimum of five years in prison which must be served consecutive to any sentence imposed on the drug charges. Acuna remains in federal custody pending his sentencing hearing, which has not yet been scheduled.
Montoya and Hernandez-Trujillo have entered not guilty pleas to the indictment. Montoya is pending trial and Hernandez-Trujillo is participating in a judicial pretrial diversion program. Charges in indictments are merely accusation and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and the Socorro County Sheriff’s Office. Assistant U.S. Attorneys Sean J. Sullivan and Jennifer M. Rozzoni are prosecuting this case.
Santa Fe Woman Sentenced to Probation for Violating the Federal Marijuana LawsRead the Press Release
ALBUQUERQUE – MaryAnn DeStefano, 54, of Santa Fe, N.M., was sentenced today in federal court to five years of probation for participating in a marijuana trafficking conspiracy.
DeStefano’s co-defendants, Ashraf Nassar, 31, Phillip Anaya, 38, Daniel Trujillo, 32, Krystal Holmes, 29, and Sarah Romero, 36, are five Santa Fe residents charged with participating in an Oxycodone trafficking ring in a 16-count indictment that was filed in Sept. 2013. The indictment subsequently was superseded in Oct. 2013, to add Santa Fe resident Clarence Lee Cline, II, and DeStefano, and five new charges including conspiracy to distribute marijuana, manufacturing marijuana, and maintaining a place for the purpose of manufacturing marijuana.
Nassar, Anaya, Trujillo, Holmes and Romero were arrested in Sept. 2013 as part of a multi-agency law enforcement operation that included the execution of search warrants at three residences and a business in Santa Fe. The investigation, “Operation High Desert Bash,” was initiated in Jan. 2013 by the DEA’s Tactical Diversion Squad in Albuquerque, N.M., the Santa Fe Police Department and HIDTA Region III Narcotics Task Force in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults.
Operation Desert Bash 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. The investigation primarily targeted a drug trafficking organization unlawfully distributing quantities of Oxycodone in Santa Fe County. Oxycodone is an opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming. Officers seized approximately 7300 mg of Oxycodone during the investigation.
Count 1 of the 21-count superseding indictment charged the Nassar, Anaya, Trujillo, Holmes and Romero with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013. Counts 2 through 4 charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, Nassar, Anaya, Trujillo, Holmes and Romero were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 17. Count 18 charged Nassar, Cline and DeStefano with conspiracy to distribute marijuana. Counts 19 through 21 charged Cline and DeStefano with conspiracy to distribute marijuana, conspiracy to maintain a place for the purpose of manufacturing marijuana, and maintaining a place for the purpose of manufacturing marijuana.
On March 27, 2015, DeStefano pled guilty to Counts 18 through 21 of the superseding indictment and admitted that between Jan. 2, 2013 and Sept. 26, 2013, she was involved in a conspiracy to manufacture and distribute marijuana in Santa Fe. DeStefano admitted that she and Cline grew marijuana in the home owned by Cline in Santa Fe.
All but one of DeStefano’s co-defendants has entered guilty pleas:
- Anaya pled guilty on Nov. 19, 2014, and was sentenced on April 9, 2015, to 46 months in prison followed by three years of supervised release.
- Trujillo pled guilty on Jan. 30, 2015, and was sentenced on April 2, 2015, to 18 months in prison followed by three years of supervised release.
- Romero pled guilty on Oct. 28, 2014, and was sentenced on March 26, 2015, to 18 months in prison followed by three years of supervised release.
- Holmes pled guilty on May 26, 2015 and Nassar pled guilty on June 2, 2015. Their sentencing hearings have yet to be scheduled.
Cline has entered a plea of not guilty and is awaiting trial. Charges in indictments are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Santa Fe Police Department and the HIDTA Region III Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Joel R. Meyers.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The HIDTA Region III Drug Enforcement Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and Santa Fe County Sheriff’s Office. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Roswell Man Sentenced to 60 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Dominic A. Sedillo, 24, of Roswell, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 60 months in prison for his methamphetamine trafficking conviction. He will be on supervised release for four years after completing his prison sentence.
Sedillo was arrested on Jan. 24, 2014, in Roswell on a two-count indictment charging him with distributing methamphetamine in Eddy County, N.M., on April 25, 2013 and June 5, 2013.
On Feb. 27, 2015, Sedillo pled guilty to both counts of the indictment without the benefit of a plea agreement. In entering his guilty plea, Sedillo admitted selling 24 grams of methamphetamine in exchange for $1,200.00 in April 2013, and selling 58.8 grams of methamphetamine in change for $3,000.00 in June 2013. Both transactions occurred in Artesia, N.M.
This case was investigated by the Las Cruces office of the DEA and was prosecuted by Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office.
Prior Felon from Carlsbad Sentenced to 57 Months for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Eduardo Lerma, Jr., 32, of Carlsbad, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 57 months in prison for being a felon in possession of a firearm and for violating the terms of his supervised release on a prior federal conviction. Lerma will be on supervised release for three years following his term of incarceration.
Lerma was arrested in Aug. 2014, by the Bureau of Alcohol, Tobacco, Firearms and Explosives on a criminal complaint alleging that he unlawfully possessed a firearm on Aug. 14, 2014, in Eddy County, N.M. Lerma subsequently was indicted on that same charge on Nov. 12, 2014. According to court filings, Lerma was prohibited from possessing firearms because he previously had been convicted of two drug trafficking crimes and receiving a stolen firearm.
On Feb. 13, 2015, Lerma entered a plea of guilty to the indictment charging him with being a felon in possession of a firearm. He also admitted violating the conditions of his supervised release on a prior federal conviction. In entering his guilty plea, Lerma admitted being in possession of two rifles on Aug. 14, 2014. Lerma also acknowledged that he was prohibited from possessing firearms because he was a convicted felon and by the conditions of his supervised release.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the HITDA Region VI Pecos Valley Drug Task Force, the Carlsbad Police Department, and the Eddy County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HITDA Region VI Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department, Artesia Police Department, New Mexico Probation and Parole, and the 5th Judicial District Attorney’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Navajo Man from Magdalena, N.M., Sentenced to 25 Years in Federal Prison for Sexually Abusing Four ChildrenRead the Press Release
ALBUQUERQUE – Chris Apachito, 41, an enrolled member of the Navajo Nation who resides in Magdalena, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 25 years in prison for sexually abusing four minor females over a twenty-one-year period. Apachito will be on lifetime supervised release after completing his prison sentence. He also will be required to register as a sex offender after completing his prison sentence.
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 Director Jesse Delmar of the Navajo Nation Division of Public Safety.
“The defendant in this case sexually abused at least four children over the course of two decades, displaying an utter disregard for human decency and the law. The victims demonstrated remarkable courage by bravely reporting the defendant’s crimes and helping to bring an end to a sexual predator’s abusive actions,” said U.S. Attorney Damon P. Martinez. “I commend the FBI agents, the Navajo Nation’s tribal officers and the prosecutors for working together to protect our tribal communities. It is only through cooperative efforts like this that we can keep sexual predators away from our children.”
“I commend our tribal officers, the FBI and the U.S. Attorney's Office for their excellence and hard work on this case. The facts giving rise to this case are very unfortunate, and our prayers are with the victims and their families,” said Director Jesse Delmar of the Navajo Nation Division of Public Safety.
Apachito was arrested on Nov. 21, 2014, on an indictment charging him with sexually abusing a child under the age of 16 from May 2012 through Jan. 2014. The indictment alleged that Apachito violated the victim in locations within the Navajo Indian Reservation in Socorro County, N.M.
On March 26, 2015, Apachito entered a guilty plea to a felony information charging him with having unlawful sexual contact with four children between 1991 and 2012. In entering his guilty plea, Apachito admitted sexually molesting an eight-year-old child and a six-year-old child between Sept. 1991 and Oct. 1991. He also admitted sexually molesting a 16-year-old child in March 2006, and a 13-year-old child between May 2012 and Sept. 2012. Apachito committed these crimes in Alamo, N.M., which is within the Navajo Indian Reservation.
This case was investigated by the Albuquerque office of the FBI and the Navajo Nation Division of Public Safety. The case was prosecuted by Assistant U.S. Attorneys Kristopher N. Houghton and Niki Tapia-Brito 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/.
Janitor Employed by Las Cruces Elementary School Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – David Anaya Garcia, 31, of Las Cruces, N.M., was arrested on July 2, 2015, on federal child pornography charges. Garcia made his initial appearance in federal court earlier today. He remains in custody pending a preliminary hearing and detention hearing, both of which currently are scheduled for later this week.
The criminal complaint charges Garcia with distribution of child pornography and possession of child pornography. According to the complaint, HSI initiated the federal investigation leading to Garcia’s arrest on June 30, 2015, after the New Mexico Attorney General’s Office reported that an investigation by the New Mexico Internet Crimes Against Children (ICAC) Task Force revealed that an IP Address subscribed to Garcia’s residential address in Las Cruces was being used to download images consistent with child pornography. The Las Cruces Police Department and HSI arrested Garcia and executed a federal search warrant at his residence on July 1, 2015.
If convicted on the distribution charge, Garcia faces a prison sentence of not less than five years and not more than 20 years. If convicted on the possession charge, Garcia faces a federal prison term of up to ten years. Garcia 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 Las Cruces office of HSI, the Las Cruces Police Department, 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 Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are [82] federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMAGO. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Arrested on Federal Sex Trafficking ChargesRead the Press Release
ALBUQUERQUE – Shane Roach, 25, of Albuquerque, N.M., appeared in federal court this morning on a criminal complaint charging him with sex trafficking charges. Roach remains in federal custody pending a detention hearing scheduled for July 8, 2015.
Roach was arrested by federal authorities on July 1, 2015, on a criminal complaint charging Roach and co-defendant Angela Santillanes, 30, also of Albuquerque, with commercial sex trafficking. The complaint alleges that the victim who allegedly was sex trafficked by Roach and Santillanes contacted the Albuquerque Police Department (APD) with a request for help on June 10, 2015. During subsequent interviews, the victim reported she had been trafficked for sex by Roach for approximately a month and a half. During that time, the victim allegedly was forced to engage in sex with men four or five times a day earning between $400.00 and $500.00, and Roach allegedly kept all the money. During that time, Roach allegedly beat the victim on a number of occasions, and threatened to harm her family if she left him.
Both Roach and Santillanes were previously arrested on state human trafficking charges and other offenses. Santillanes has yet to be arrested on the charges in the federal criminal complaint.
If convicted of the offenses charged in the federal criminal complaint, Roach and Santillanes each face a mandatory minimum of 15 years and a maximum of life in prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of Homeland Security Investigations and APD’s Vice Unit. Assistant U.S. Attorney Norman Cairns is prosecuting the case.
Taos Pueblo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Nathan Mondragon, 29, a member and resident of Taos Pueblo, N.M., was sentenced this afternoon in Albuquerque, N.M., to 84 months in federal prison followed by three years of supervised release for his assault conviction.
Mondragon was arrested on Sept. 23, 2014, on a criminal complaint charging him with assault with a deadly weapon and assault resulting in serious bodily injury. According to the complaint, Mondragon assaulted another Taos Pueblo member on Sept. 14, 2014, in Taos County, N.M., on land owned by Taos Pueblo. The complaint alleges that Mondragon stabbed the victim multiple times before fleeing the crime scene. Mondragon was subsequently indicted on Oct. 21, 2014, and charged with assault with a dangerous weapon and assault resulting in serious bodily injury.
On Dec. 23, 2014, Mondragon pled guilty to an assault resulting in serious bodily injury charge. Mondragon admitted that on Sept. 14, 2014, he assaulted the victim by stabbing him with a knife at a location within Taos Pueblo.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Pueblo Tribal Police Department. Assistant U.S. Attorney David Adams prosecuted the case.
Santa Fe Physician Arraigned on Federal Indictment Alleging Scheme to Defraud Medicare and Other Health Care Benefit ProgramsRead the Press Release
ALBUQUERQUE – Roy G. Heilbron, 51, a cardiologist in Santa Fe, N.M., was arraigned in federal court in Albuquerque, N.M., on a 24-count indictment charging him with health care fraud and wire fraud, announced Damon P. Martinez and Special Agent Carol K.O. Lee of the FBI’s Albuquerque Division. Heilbron entered a not guilty plea and was released on his own recognizance
The indictment alleges that Heilbron, a physician licensed to practice medicine in New Mexico who specializes in cardiology, executed a scheme to defraud Medicare and other health care benefit programs between Jan. 2010 and May 2011 by submitting false and fraudulent claims. According to the indictment, Heilbron allegedly executed his fraudulent scheme by:
- Performing and billing for a wide array of unnecessary tests on every new patient and submitting false diagnoses with the billing claims to justify the tests to the insurance plans;
- Inserting false symptoms, observations, and diagnoses into patients’ medical charts to provide written support for the tests he ordered or performed;
- Inserting photocopied clinical notes, diagnostic test results, and ultrasound images in patients’ medical charts to create a written record of procedures that were either not performed or that had not been sufficiently documented to support the billing;
- Submitting the photocopied notes, results, and images to the insurance plans when the plans requested documentation to support the claims submitted;
- Submitting claims to health plans for procedures that were never performed;
- Submitting claims for procedures performed on two consecutive dates to increase the amount paid for services that were actually rendered together on one single date; and
- Misusing billing codes and modifiers in order to increase his rate of reimbursement.
Counts 1 through 9 of the indictment allege that Heilbron committed health care fraud by submitting false claims for medical services rendered to health care benefit programs on nine dates between July 13, 2010 and Feb. 10, 2011. Counts 10-21 allege that Heilbron committed health care fraud by submitting falsified medical records for medical services to health care benefit programs on twelve occasions between Jan. 20, 2010 and May 5, 2011. Counts 22 through 24 allege that Heilbron committed wire fraud by using wire communications to obtain payments from health care benefit programs.
The indictment includes forfeiture provisions that seek forfeiture of any property derived from the proceeds of the crimes charged in the indictment.
If convicted on the health care fraud charges, Heilbron faces a statutory maximum penalty of ten years in prison. If convicted on the wire fraud charges, Heilbron faces a statutory maximum penalty of 20 years in prison. Maximum potential sentences are prescribed by Congress and are provided for informational purposes only. The sentence to be imposed on a defendant is determined by the court.
Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Santa Fe and Albuquerque offices of the FBI and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.
heilbron_indictment.pdf (609.73 KB)
Portales Man Sentenced to Eight Years for Federal Narcotics Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Justin Thomas Shipley, 31, of Portales, N.M., was sentenced today in federal court in Las Cruces, N.M., to eight years in prison for his methamphetamine trafficking and firearms conviction. Shipley will be on supervised release for three years after completing his prison sentence.
Shipley and co-defendant, Brandon William Wood, 36, also of Portales, N.M., were arrested on April 24, 2014, in Otero County, N.M., on a criminal complaint charging them with methamphetamine trafficking charges. They subsequently were indicted on methamphetamine trafficking and firearms charges in a six-count indictment filed on July 16, 2014.
The indictment alleged that in April 2014, in Otero County, Shipley and Wood participated in a conspiracy to distribute large quantities of methamphetamine, and also charged the two men with possession of methamphetamine with intent to distribute. The indictment further charged Wood and Shipley with using and carrying firearms in relation to a drug trafficking crime and Wood with being a felon in possession of firearms and ammunition.
In July 2014, Wood was prohibited from possessing firearms and ammunition because he had been convicted of several felony offenses, including conspiracy to sell controlled substances, manufacturing, sale and possession of controlled substances, conspiracy to cultivate marijuana, and driving while intoxicated.
On Dec. 12, 2014, Shipley pled guilty to a felony information charging him with participation in a methamphetamine trafficking conspiracy, distribution of methamphetamine; and using and carrying a firearm in relation to a drug trafficking crime. In entering his guilty plea, Shipley admitted that beginning on April 18, 2014, he conspired with Wood to sell 80 grams of methamphetamine which was to be distributed in Portales. Shipley admitted that they obtained the methamphetamine in Arizona on April 22, 2014. Shipley and Wood were transporting the drugs from Arizona to Portales on April 24, 2014, when they were arrested at the U.S. Border Patrol Checkpoint near Alamogordo, N.M., after Border Patrol agents found approximately 80 grams of methamphetamine, a shotgun and a handgun in Shipley’s vehicle during a routine vehicle inspection.
On April 1, 2015, Wood also pled guilty to a felony information charging him with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, using and carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm and ammunition. Wood admitted to having a gun and ammunition because he was transporting methamphetamine even though he knew that he was not allowed to possess the firearms and ammunition because he had been convicted of at least four felonies. Wood was sentenced on June 23, 2015, to ten years in federal prison followed by three years of supervised release.
This case was investigated by the Las Cruces office of the DEA and the Alamogordo Station of the U.S. Border Patrol. Assistant U.S. Attorney Anna Wright of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Jicarilla Apache Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Raylon Castillo, 19, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to an indictment charging him with sexual abuse of a child.
Castillo was arrested on Dec. 18, 2014, on a criminal complaint alleging that he raped the victim, a Native American female, who was at least 12 years old but not yet 16 years of age, on July 25, 2014, on the Mescalero Apache Indian Reservation in Otero County, N.M. The complaint alleged that Castillo forced the victim to have sexual intercourse with him. Castillo was arrested on tribal charges on July 25, 2014, and remained in tribal custody until his arrest on the federal complaint.
Castillo was indicted on May 20, 2015, and charged with sexual abuse of a child who was between the ages of 12 and 16 on July 25, 2014, in Otero County. During today’s proceedings, Castillo pled guilty to the indictment.
At sentencing, Castillo faces a statutory maximum penalty of 15 years in prison followed by up to three years of supervised release. Castillo will be required to register as a sex offender after completing his term of incarceration. 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 Mescalero Agency of the BIA’s Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Albuquerque Resident Pleads Guilty to Federal Charges Arising Out of January 2015 Pharmacy Robbery and March 2015 Traffic StopRead the Press Release
ALBUQUERQUE – Victor Hurtado, 20, of Albuquerque, N.M., pleaded guilty today in federal court to felony charges arising out of a pharmacy robbery in Jan. 2015, and a traffic stop in March 2015. Under the terms of his plea agreement, Hurtado will be sentenced within the range of ten to 18 years in federal prison followed by a term of supervised release to be determined by the court. Hurtado also will be required to pay restitution to the pharmacy.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Chief Gorden Eden, Jr., of the Albuquerque Police Department, Chief Pete N. Kassetas of the New Mexico State Police.
Hurtado and his co-defendant, Joseph Montano, 22, also of Albuquerque, were two of six defendants charged in four indictments with robbing retail pharmacies in Albuquerque. The indictment against Hurtado and Montano alleged that the two men (1) violated the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandished a firearm during a crime of violence; (3) violated the Controlled Substance Registrant Act by robbery involving controlled substance; (4) violated the Safe Doses Act by theft of medical products; and (5) possessed Oxycodone with intent to distribute. The charges against Hurtado and Montano arose from the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque.
During today’s proceedings, Hurtado pled guilty to Count 1, 2 and 5 of the indictment, charging him with robbing a commercial business engaged in interstate commerce; brandishing a firearm during a crime of violence, and possession of Oxycodone with intent to distribute. In entering the guilty plea, Hurtado admitted that on Jan. 6, 2015, he entered the Smith’s Pharmacy, jumped over the counter while brandishing a firearm, and ordered the pharmacist to open the safe where controlled substances were kept. He also admitted pointing the firearm at the pharmacy employees to gain their compliance, and that he stole bottles of Oxycodone from the pharmacy’s inventory.
Hurtado also pled guilty to a one-count felony information charging him with possession of methamphetamine with intent to distribute. Hurtado admitted that he was arrested on state charges on March 5, 2015, after an officer of the New Mexico State Police found approximately 54 grams of heroin and 133 grams of methamphetamine in the vehicle Hurtado was driving. Hurtado admitted that he and another person intended to distribute the drugs seized by the New Mexico State Police.
Hurtado has been in federal custody since his arrest on April 29, 2015, and remains detained pending his sentencing hearing, which has yet to be scheduled.
Montano has entered a not guilty plea to the indictment. He remains in federal custody pending trial. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, the Albuquerque Police Department and the New Mexico State Police, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The case is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
These cases are being prosecuted pursuant to a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The cases also are being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Alamogordo Man Pleads Guilty to Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Kenneth Colby Miller, 31, of Alamogordo, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by possessing an unregistered firearm. Under the terms of his plea agreement, Miller will be sentenced to 30 months in prison followed by more than three years of supervised release.
Miller was arrested on April 30, 2015, on a criminal complaint charging him with possession of an unregistered firearm. According to the complaint, on Dec. 3, 2014, in Chaves County, N.M., an officer with the Roswell Police Department conducted a routine traffic stop on Miller’s vehicle, and after a consensual search, the officer recovered a single shot “sawed-off” shotgun with no visible serial number or manufacturers markings. After further investigation, Miller’s background also revealed that he had been convicted twice of unlawful taking of a motor vehicle and reckless driving.
During today’s proceedings, Miller pled guilty to a felony information charging him with possession of an unregistered firearm. In entering the guilty plea, Miller admitted that on Dec. 3, 2014, he possessed a sawed off 20 gauge shotgun which did not have a serial number and was not registered to him in the National Firearms Registration and Transfer Record.
Miller has been in custody since his arrest and remains detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department. Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.
Statement of U.S. Attorney Damon P. Martinez on Gaming at Pueblo of PojoaqueRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez released the following statement on the expiration of the gaming compact between the Pueblo of Pojoaque and the State of New Mexico:
“The gaming compact between the Pueblo of Pojoaque and the State of New Mexico expires today, June 30, 2015. The inability of the Pueblo and the State to reach an agreement on terms for a new compact has resulted in a lawsuit, New Mexico v. U.S. Department of the Interior, et al., which is now pending in the U.S. Court of Appeals for the Tenth Circuit. The failure of the Pueblo and State to reach an agreement has also resulted in uncertainty as to what will happen to the Pueblo’s gaming facilities after today.
“I believe that the public interest is best served by maintaining the status quo while the appeal in the Tenth Circuit litigation is pending. I therefore have advised the Pueblo and the State that I will exercise my discretion not to bring an enforcement action against the Pueblo during the pendency of the appeal so long as the Pueblo continues to operate its gaming facilities in accord with the terms of its expiring compact to the extent feasible. The Pueblo has given its commitment to me that it will comply with this condition, and I have warned the Pueblo that any failure by the Pueblo to live up to this commitment during the pendency of the appeal may result in an enforcement action to shut down the Pueblo’s casino-style gambling operations. To ensure that I can meaningfully assess whether the Pueblo is complying with the terms of the expiring compact, the Pueblo has agreed to regularly provide me with detailed information that allows me to do so on a timely basis.
“Through the Tenth Circuit litigation, the State, the U.S. Department of the Interior and the Pueblo are each seeking to determine their respective rights and their authority to enter into lawful gaming compacts. I believe it is important to permit the parties to that litigation to receive the benefit of the Tenth Circuit’s ruling on the appeal, without the process being short-circuited by premature closure of the Pueblo’s casino gambling activities. My decision will (i) maintain the status quo to the extent feasible, (ii) protect the interests of all residents of the Pojoaque Valley, (iii) shield the other gaming tribes of New Mexico from unfair competitive disadvantage, and (iv) safeguard funds that would have gone to the State of New Mexico as revenue sharing had the current compact been extended.
“In making this decision, I am mindful of my responsibilities as the chief federal law enforcement official in New Mexico, which includes enforcement of federal Indian gaming laws. The Indian Gaming Regulatory Act, which is the principal law at issue, prohibits tribes from conducting casino-style gambling in the absence of a duly authorized compact. I recognize the effects that uncompacted gaming by the Pueblo could have on the State and on other tribes, both gaming and non-gaming. All other gaming tribes are making revenue sharing payments to the State, the size of which vary according to each tribe’s compact and the dollar amount of their ‘net win.’ Uncompacted gaming by Pojoaque Pueblo without continued revenue sharing to the State would put other gaming tribes at an unfair competitive disadvantage. On the other hand, I also recognize that premature cessation of Pojoaque Pueblo gaming could have detrimental impacts on state tourism, and on employment and services for the people of the Pojoaque Valley.
“Under the terms of the expiring compact, Pojoaque Pueblo was obliged to pay eight percent of its ‘net win’ as revenue sharing to the State of New Mexico. The 2015 form compact approved by the New Mexico legislature that has been accepted by several other gaming tribes provides for this rate to rise as high as ten percent in 2018. Representatives of the State have advised me that they cannot accept payment of revenue sharing funds from Pojoaque Pueblo on gaming proceeds obtained after June 30 in the absence of a valid compact. In keeping with my decision to maintain the status quo during the pendency of the appeal to the extent feasible, the competitive disadvantage at which other gaming tribes would be placed if Pojoaque Pueblo were to conduct casino-style gaming without making revenue sharing payments will be mitigated by the Pueblo’s commitment to set aside the funds that would have gone to revenue sharing for eventual distribution pursuant to a negotiated compact or other appropriate court action after resolution of the appeal. The funds will be deposited into an account overseen by an independent trustee. Here too, the Pueblo has committed to regularly providing me with detailed information that will allow me to verify that the Pueblo is complying with its promise to safeguard the revenue sharing funds that would have gone to the State.
“Among the safeguards that were written into the expiring compact between the Pueblo and the State were requirements that the Pueblo maintain a tribal gaming agency to provide for the physical safety of patrons and of personnel of gaming enterprises; to provide for protection of property of patrons and the gaming enterprise from illegal activity; and to detain persons who may be involved in illegal acts for the purpose of notifying law enforcement authorities. The Pueblo has committed to continued compliance with these terms during the pendency of the Tenth Circuit appeal. Likewise, the Pueblo has committed to continued compliance with the other terms of the expiring compact, including but not limited to prohibition on casino-style gambling by persons under the age of 21, and prohibition on employment of gaming employees who are under the age of 21 or who are not licensed in accordance with federal and tribal law. The Pueblo has also committed to continued compliance with the terms of the expiring compact pertaining to fair gaming practices, including but not limited to posting the odds of a winning outcome on each machine; ensuring minimum payouts of at least 80 percent; maintaining current limitations on alcohol sales; and prohibiting acceptance of IOUs from patrons.
“I have advised the Pueblo that it is up to me to determine whether or not the Pueblo has complied with its commitments, and that I reserve the right to seek closure of the Pueblo’s casino gambling operations in the event of any noncompliance. Moreover, my decision not to bring an immediate enforcement action upon expiration of Pojoaque Pueblo’s current compact only extends to the limited period of time until the Tenth Circuit Court of Appeals rules on the pending litigation.”
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Owners of Chinese Restaurants in Rio Rancho and Santa Fe Sentenced to Probation for Harboring Illegal Aliens and Violating Minimum and Overtime Wage LawsRead the Press Release
ALBUQUERQUE – Wen Ping Chen, 30, of Rio Rancho, N.M., and his brother Wen Qiu Chen, 31, of Santa Fe, N.M., were each sentenced this afternoon to two years of probation for harboring illegal aliens and violating the federal minimum and overtime wage laws. Ping Chen and Qui Chen were also ordered to forfeit a residence located on Aztec Court in Rio Rancho that was used to facilitate the Chens’ criminal conduct. Although the amount of restitution to be paid by the Chen brothers will be determined at a later date, the court noted that the restitution order would be no less than $120,000.
Ping Chen and Qiu Chen, both naturalized U.S. Citizens born in China, were arrested in Aug. 2013, following an investigation into allegations that they were harboring illegal aliens who worked at their restaurants, the Double Dragon Restaurant in Rio Rancho., which is owned and operated by Ping Chen, and the Double Dragon II, in Santa Fe, which is owned and operated by Qiu Chen. The brothers subsequently were charged in a seven-count superseding indictment alleging conspiracy, alien harboring, and failing to pay minimum and overtime wages.
According to court filings, in Oct. 2012, federal agents executed search warrants at the Double Dragon and a Rio Rancho residence owned by Ping Chen and Qiu Chen. The agents found three illegal aliens at the Double Dragon and another illegal alien at the residence, which served as the residence for all four aliens. All four illegal aliens worked for Ping Chen at the Double Dragon without authorization.
In May 2013, federal agents executed search warrants at the Double Dragon II and a Santa Fe residence owned by Qiu Chen, and found five illegal aliens at the Double Dragon II. The agents learned that all of the Double Dragon II employees resided in the Santa Fe residence owned by Qiu Chen. The five illegal aliens worked for Qiu Chen at the Double Dragon II without authorization.
On Dec. 12, 2014, Qui Chen pled guilty to Counts 5 and 7 of the superseding indictment charging him with harboring an illegal alien and failing to pay minimum and overtime wages. Ping Chen pled guilty to Counts 3 and 7 charging him with harboring an illegal aliens and failure to pay minimum and overtime wages.
This case was investigated by the Albuquerque office of HSI and the U.S. Department of Labor, and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Raquel Ruiz-Velez.
California Man Pleads Guilty to Federal Methamphetamine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Luis Alexander Garcia, 18, of Santa Ana, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Garcia was arrested on Dec. 17, 2014, at the Amtrak Train Station in Albuquerque after a consensual search of his baggage by DEA agents revealed that he was carrying approximately 3.65 kilograms of methamphetamine. According to court documents, agents found four bundles of methamphetamine concealed within Garcia’s luggage. Garcia was subsequently indicted on Jan. 8, 2015, and charged with possession of methamphetamine with intent to distribute on Dec. 17, 2014, in Bernalillo County, N.M.
During today’s proceedings, Garcia pled guilty to the indictment. Garcia admitted that he was transporting methamphetamine on the Amtrak train and that he intended to deliver the drugs to another person.
At sentencing, Garcia faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Jacob Wishard is prosecuting the case.
San Juan County Man Sentenced to Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Casey Lamotte, 30, of Flora Vista, N.M., was sentenced today in federal court in Albuquerque, N.M., to 75 months in prison followed by two years of supervised release for his drug trafficking conviction.
Lamotte was one of 29 individuals charged with drug trafficking offenses as the result of a multi-agency investigation targeting drug trafficking in northwestern New Mexico. The investigation culminated on Feb. 26, 2014, when 26 of the defendants were arrested during a law enforcement operation led by Homeland Security Investigation (HSI) and the HIDTA Region II Narcotics Task Force. Two other defendants were arrested during the course of the investigation and the final defendant was arrested on March 3, 2014.
The 29 defendants were charged as a result of Operation “Brown Ice,” a year-long investigation that initially targeted a methamphetamine trafficking organization led by Isaac Anaya that distributed quantities of methamphetamine throughout San Juan County and expanded to include other drug trafficking activity in the area. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Thirteen of the defendants, including ringleader Isaac Anaya, 31, of Farmington, N.M., were charged in a 15-count federal indictment alleging a conspiracy to distribute methamphetamine in San Juan County from May 2013 through Sept. 2013. The remaining 16 defendants were charged with state drug trafficking and firearms offenses based on criminal complaints. During the course of the investigation, officers seized approximately five pounds of methamphetamine and five firearms. The law enforcement operation on Feb. 24, 2014, included the execution of eleven federal search warrants at two Bloomfield residences, four Farmington residences, two residences in San Juan County, two Bloomfield businesses, two Farmington businesses and a storage unit in Bloomfield. It also included the execution of three state search warrants at two residences in San Juan County and one Farmington residence. Officers seized numerous firearms, including a fully automatic Glock 19, a short-barreled rifle and a carbine with an obliterated serial number, four blasting caps, four small binary explosives and approximately 31.7 grams of methamphetamine during the execution of the search warrants and the law enforcement operation.
On Feb. 26, 2015, Lamotte pled guilty to conspiracy to distribute a controlled substance. In entering the guilty plea, Lamotte admitted that from May 28, 2013 through Sept. 25, 2013, he and his co-defendants conspired to distribute methamphetamine in San Juan County. Lamotte also admitted that he acted as a drug courier for Isaac Anaya by traveling from Arizona and California to Farmington to deliver methamphetamine to Isaac Anaya, and connected Isaac Anaya with other defendants in this case in order to obtain more methamphetamine. At the time of his arrest, Lamotte was traveling back to Farmington from California, and was found to be in possession of approximately 851 grams of methamphetamine.
The federal and state cases filed as a result of Operation “Brown Ice” were investigated by the HSI office in Albuquerque, San Juan County Sheriff’s Office, HIDTA Region II Narcotics Task Force, Bloomfield Police Department, Farmington Police Department and Aztec Police Department. Assistant U.S. Attorney Reeve L. Swainston is prosecuting the federal case, and Assistant District Attorney David Cowen of the 11th Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Region II Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Acoma Pueblo Man Pleads Guilty to Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Kevin Bernard Joe, 41, a member and resident of Acoma Pueblo, N.M., pleaded guilty this morning in Albuquerque, N.M., to a federal misdemeanor information charging him with assaulting an Indian woman.
Joe was arrested on April 27, 2015, on a criminal complaint charging him with an assault charge. According to the complaint, on March 23, 2015, the Acoma Pueblo Tribal Police Department was notified by the victim of an assault occurring on Acoma Pueblo in Cibola County, N.M. The complaint alleged that Joe assaulted the victim, an Acoma woman, by punching her multiple times with a closed fist causing injuries to her face, head, and upper body. The victim sustained a laceration above her left eye which needed approximately seven to eight stitches. Joe was subsequently indicted on May 12, 2015, and charged with assaulting an intimate partner resulting in substantial bodily injury.
During today’s proceedings, Joe entered a guilty plea to a misdemeanor information and admitted assaulting the victim by punching her with a closed fist multiple times on her head and body. Joe also acknowledged that his assault caused the victim to suffer a laceration to the left eye that required medical attention.
At his sentencing, Joe faces a statutory maximum penalty of 12 months in federal prison and up to one year of supervised release. Joe has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney Raquel Ruiz-Velez is 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.