District of New Mexico

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 – 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.

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.

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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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)

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 – 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.

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.

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.

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.

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.

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.

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/.

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 – 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.

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.

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.

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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.

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 – 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.

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.

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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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.

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.

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.

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.

ALBUQUERQUE – Orlando Jay Johnson, 24, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 12 months in federal prison followed by three years of supervised release for his conviction on theft occurring in Indian Country.

Johnson was arrested on Oct. 31, 2014, after officers of the Navajo Nation Division of Public Safety were called to a fast food restaurant in Shiprock in response to a report that an elderly Navajo man had been robbed of his wallet and money.  According to the criminal complaint, Johnson followed the victim out of the restaurant and stole the wallet from the victim’s pocket.  The victim chased Johnson for approximately half a mile in his truck until he caught up to Johnson, who returned the wallet.

On March 26, 2015, Johnson pled guilty to a felony information charging him with theft occurring in Indian Country.  In entering the guilty plea, Johnson admitted that on Oct. 23, 2014, in San Juan County, N.M., he stole a wallet and cash from the victim. 

This case was investigated by the Farmington office of the FBI and Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Raquel Ruiz-Velez prosecuted this case.

ALBUQUERQUE – Nicholas Mondragon, 32, of Pojoaque, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to a year and a day in prison for being a felon in possession of ammunition.  Mondragon will be on supervised release for three years after completing his prison sentence.

Mondragon pled guilty on July 17, 2014, to a felony information charging him with being a felon in possession of ammunition.  In entering the guilty plea, Mondragon admitted that on Feb. 25, 2014, he purchased a box of ammunition in Las Vegas, N.M.  Mondragon made the purchase despite knowing that he was prohibited from doing so because he had previously been convicted of multiple felony offenses including disposing of stolen property, aggravated assault against a household member, attempt to commit a felony, theft of a rental property, and theft of government property.

This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney William J. Pflugrath.

ALBUQUERQUE – Joseph Lawler, 54, of Peoria, Ariz., entered a guilty plea in federal court in Albuquerque, N.M., to a 12-count superseding indictment charging him with wire fraud offenses.  The guilty plea, which was entered without the benefit of a plea agreement, was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.

Lawler pled guilty to all 12 counts of a superseding indictment that was filed on June 9, 2015, and alleged that between Aug. 2010 and July 2014, Lawler engaged in an illegal scheme to defraud investors of hundreds of thousands of dollars.  Lawler executed the scheme by causing others to create a company, Projaris Management, LLC (Projaris), that purported to provide investment services.  He also caused others to open four accounts for Projaris at a bank in Farmington, N.M., and one account at a bank in Phoenix, Ariz.  Although the bank accounts were not in Lawler’s name and he was not an authorized signer, Lawler exercised sole control over the bank accounts.

The superseding indictment alleged that Lawler used Projaris and the bank accounts to execute a scheme to defraud investors in Projaris by making false representations to obtain investment funds which he used for other purposes.  Lawler falsely represented to investors that their funds would be invested in gold, silver, real estate, or real estate investment trust funds.  Instead, Lawler used investors’ funds to pay other Projaris investors who threatened to report him to law enforcement authorities.  Lawler also used investors’ funds to pay for his living expenses and vehicles.

The superseding indictment includes forfeiture allegations which assert that Lawler derived at least $288,889.50 as a result of his criminal conduct and which require that Lawler forfeit money or assets in that amount.

A sentencing, Lawler faces a statutory maximum penalty of 20 years in prison on each of the 12 wire fraud charges in the superseding indictment.  A sentencing date has not been set.

This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney Tara C. Neda.

ALBUQUERQUE – Eddie Gallegos, 38, of Albuquerque, N.M., made his initial appearance in federal court this morning on an indictment charging him with crimes arising out of the June 21, 2013 armed robbery of a pharmacy in Albuquerque.  Gallegos remains in federal custody pending arraignment and a detention hearing scheduled for June 29, 2015.  

The four-count indictment alleges that Gallegos (1) violated the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) branded a firearm during a crime of violence; (3) violated the Safe Doses Act by stealing medical products; and (4) possessed Oxycodone with intent to distribute.  According to the indictment, Gallegos allegedly committed the four offenses by robbing Phil’s Pills, a pharmacy located at 5510 Lomas Blvd. NE in Albuquerque, at gunpoint on June 21, 2013.

The charges in the indictment carry the following statutory maximum penalties on conviction:  Hobbs Act – 20 years of imprisonment; Safe Doses Act – 30 years of imprisonment; possession of Oxycodone with intent to distribute – 20 years in prison.  The statutory maximum penalty for a conviction for brandishing a firearm during a crime of violence is a mandatory seven years in prison to be served consecutive to any prison sentence on the other sentence imposed on the other charges.

Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.

This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico.  The HOPE Initiative comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.

ALBUQUERQUE – Ricardo Lamagna, 21, a member and resident of Sandia Pueblo, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 18 months in federal prison followed by three years of supervised release for assaulting a tribal police officer with a dangerous weapon conviction.

Lamagna was arrested on Aug. 8, 2014, on a criminal complaint charging Lamagna with assaulting an officer of the Pueblo of Sandia Tribal Police Department with a dangerous weapon in the early hours of Aug. 5, 2014.  The assault occurred on Sandia Pueblo in Bernalillo County, N.M., after the tribal officer responded to a domestic violence call from Lamagna’s residence.  The tribal police officer was not injured.

On Dec. 16, 2014, Lamagna entered a guilty plea to a felony information charging him with assault with a deadly weapon.  In entering the guilty plea, he admitted assaulting a tribal officer of the Sandia Pueblo Tribal Police Department with a handgun on Aug. 5, 2014, in Indian Country in Sandia Pueblo.

This case was investigated by the Albuquerque office of the FBI with assistance from the Pueblo of Sandia Tribal Police Department, and was prosecuted by Assistant U.S. Attorney David Adams.

ALBUQUERQUE – Angela Giddings, 38, of Albuquerque, N.M., was sentenced today to 24 months in federal prison followed by three years of supervised release for her convictions on embezzlement by a bank employee and embezzlement from Indian tribal organizations.  She also was ordered to pay $217,125.00 in restitution to the Bank.

Giddings was indicted on Dec. 16, 2014, and charged with 12 counts of embezzlement by a bank employee; six counts of embezzlement from Indian tribal organizations; and four counts of aggravated identity theft.  Giddings committed these crimes in Bernalillo County, N.M., between Feb. 2, 2013, and July 18, 2014.  At the time, Giddings was employed as a customer service manager for Bank of the West.

According to the indictment, Giddings embezzled funds entrusted to the bank by withdrawing and transferring funds from the accounts of customers without authorization and for her own use.  Giddings’ unlawful withdraws and transfers ranged from $15,000.00 to $60,000.00. The victims of Giddings’ criminal conduct included the To’hajilee Community School Board and the Cañoncito Band of Navajos.  The aggravated identity theft counts charged Giddings with using the names, addresses, and personal identifiers of individuals to commit felony offenses.

On Feb. 13, 2015, Giddings pled guilty to one count of embezzlement by a bank employee and one count of embezzlement from an Indian tribal organization.  In entering the guilty plea, Giddings admitted that between Jan. 9, 2012 and July 18, 2014, she misapplied and embezzled money by making unauthorized withdrawals and transfers for her own benefit.  She further admitted that on July 18, 2014, she transferred $55,000.00 from a private individual’s account and $60,000.00 from the To’hajilee Community School Board account without authorization and for her own purposes with the intent to defraud.          

This case was investigated by the Albuquerque office of the FBI and the Office of Inspector General of the Federal Deposit Insurance Corporation, and was prosecuted by Assistant U.S. Attorney Jeremy Peña.

ALBUQUERQUE – Today, the U.S. Department of Justice and the Environmental Protection Agency (EPA) announced a federal Clean Air Act settlement with several Arizona and New Mexico-based utility companies to install pollution control technology to reduce harmful air pollution from the Four Corners Power Plant located on the Navajo Nation near Shiprock, N.M.

The settlement requires an estimated $160 million in upgrades to the plant’s sulfur dioxide (SO2) and nitrogen oxide (NOx) pollution controls.  The settlement also requires $6.7 million to be spent on three health and environmental mitigation projects for tribal members and payment of a $1.5 million civil penalty.  EPA expects that the actions required by the settlement will reduce harmful emissions by approximately 5,540 tons per year.

“This settlement is a significant achievement for air quality and the health of the people of the Navajo Nation and the surrounding region,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “The agreement will require stringent pollution controls as well as public health and environmental projects that will have lasting benefits for the Navajo people.  It is also a reflection of how serious we are about addressing environmental justice issues in Indian country.”

“All power plants should be using the latest air pollution control technology,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “The law requires companies to protect clean air, and those living nearby – like Navajo communities – expect it.  In addition to installing pollution controls, Arizona Public Service will also take the responsible steps to protect the health of those living near the Four Corners plant, which is one of the largest sources of harmful pollution in the country.”

“This settlement will reduce pollution from the Four Corners Power Plant for years to come, and requires the Plant's owners to fund significant health and environmental projects that will further benefit the Navajo Nation and other communities impacted by the Plant,” said U.S. Attorney Damon P. Martinez for the District of New Mexico.  “We also applaud the efforts of the citizen groups and other co-plaintiffs who helped represent the interests of the Navajo people and the environment so well, and who contributed significantly to obtaining such a fine result for the Four Corners Region.”

Arizona Public Service Company (APS) is the operator and primary owner of the Four Corners Plant.  El Paso Electric Company, Public Service Company of New Mexico, Salt River Project Agricultural Improvement and Power District and Tucson Electric Power Company are current co-owners of the plant and Southern California Edison Company is a former co-owner of the plant.  The settlement resolves claims that the companies violated the New Source Review provisions of the federal Clean Air Act by unlawfully modifying the Four Corners Power Plant without obtaining required permits or installing and operating the best available air pollution control technology. 

The pollution controls for NOx required by the settlement improve the Selective Catalytic Reduction controls for the Four Corners Power Plant finalized by EPA in 2012 under the Clean Air Act’s regional haze program.  The current controls for SO2 will be upgraded to increase their efficiency.  These additional upgrades will reduce SO2 emissions by approximately 4,653 tons per year and NOx emissions by approximately 887 tons per year.

The settlement requires $6.7 million of mitigation funds to be spent on three types of projects, including cleaner heating systems, weatherization and a Health Care trust fund. Southern California Edison will spend approximately $3.2 million on a project to replace or retrofit local residents’ inefficient, higher-polluting wood-burning or coal-burning appliances with cleaner-burning, more energy-efficient heating systems.  In addition, APS and the other current co-owners will spend approximately $1.5 million for weatherization projects for local homes to reduce energy use.  Examples include the installation of floor, wall and attic insulation; sealing of windows and doors; duct sealing; passive solar retrofits; and testing and repair of combustion appliances.

Finally, APS and the other current co-owners will spend $2 million to establish a Health Care Project trust fund.  The Health Care Project trust will pay for certain medical expenses for people living on the Navajo Nation, near the Four Corners Power Plant, who require respiratory health care.  The funds may be used to pay for complete medical examinations, tests, review of current medications, prescriptions, oxygen tanks and other medical equipment.  The funds may also be used to pay for transportation to and from the hospital or doctors’ offices.

SO2 and NOx, two predominant pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze.  These pollutants form particulates that can cause severe respiratory and cardiovascular impacts and premature death.

This settlement is part of EPA’s national enforcement initiative to control harmful emissions from large sources of pollution, which includes coal-fired power plants, under the Clean Air Act’s Prevention of Significant Deterioration requirements.  The total combined SO2 and NOx emission reductions secured from all these settlements will exceed 2 million tons each year, once all the required pollution controls are installed and implemented.

Citizen groups including Diń́é Citizens Against Ruining Our Environment, To’ Nizhoni Ani and National Parks Conservation Association are co-plaintiffs to the settlement and will simultaneously be resolving their own currently pending lawsuit against the companies.

The settlement was lodged with the U.S. District Court for New Mexico and is subject to a 30-day public comment period and final court approval. The proposed consent decree can be viewed at www.justice.gov/enrd/consent-decrees.

More information about EPA’s enforcement initiative: http://www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html

Today, the U.S. Department of Justice and the Environmental Protection Agency (EPA) announced a federal Clean Air Act settlement with several Arizona and New Mexico-based utility companies to install pollution control technology to reduce harmful air pollution from the Four Corners Power Plant located on the Navajo Nation near Shiprock, New Mexico. 

The settlement requires an estimated $160 million in upgrades to the plant’s sulfur dioxide (SO2) and nitrogen oxide (NOx) pollution controls.  The settlement also requires $6.7 million to be spent on three health and environmental mitigation projects for tribal members and payment of a $1.5 million civil penalty.  EPA expects that the actions required by the settlement will reduce harmful emissions by approximately 5,540 tons per year.

“This settlement is a significant achievement for air quality and the health of the people of the Navajo Nation and the surrounding region,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “The agreement will require stringent pollution controls as well as public health and environmental projects that will have lasting benefits for the Navajo people.  It is also a reflection of how serious we are about addressing environmental justice issues in Indian country.” 

“All power plants should be using the latest air pollution control technology,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “The law requires companies to protect clean air, and those living nearby – like Navajo communities – expect it.  In addition to installing pollution controls, Arizona Public Service will also take the responsible steps to protect the health of those living near the Four Corners plant, which is one of the largest sources of harmful pollution in the country.”

“This settlement will reduce pollution from the Four Corners Power Plant for years to come, and requires the Plant's owners to fund significant health and environmental projects that will further benefit the Navajo Nation and other communities impacted by the Plant,” said U.S. Attorney Damon P. Martinez for the District of New Mexico.  “We also applaud the efforts of the citizen groups and other co-plaintiffs who helped represent the interests of the Navajo people and the environment so well, and who contributed significantly to obtaining such a fine result for the Four Corners Region.”

Arizona Public Service Company (APS) is the operator and primary owner of the Four Corners Plant.  El Paso Electric Company, Public Service Company of New Mexico, Salt River Project Agricultural Improvement and Power District and Tucson Electric Power Company are current co-owners of the plant and Southern California Edison Company is a former co-owner of the plant.  The settlement resolves claims that the companies violated the New Source Review provisions of the federal Clean Air Act by unlawfully modifying the Four Corners Power Plant without obtaining required permits or installing and operating the best available air pollution control technology.  

The pollution controls for NOx required by the settlement improve the Selective Catalytic Reduction controls for the Four Corners Power Plant finalized by EPA in 2012 under the Clean Air Act’s regional haze program.  The current controls for SO2 will be upgraded to increase their efficiency. These additional upgrades will reduce SO2 emissions by approximately 4,653 tons per year and NOx emissions by approximately 887 tons per year.

The settlement requires $6.7 million of mitigation funds to be spent on three types of projects, including cleaner heating systems, weatherization and a Health Care trust fund. Southern California Edison will spend approximately $3.2 million on a project to replace or retrofit local residents’ inefficient, higher-polluting wood-burning or coal-burning appliances with cleaner-burning, more energy-efficient heating systems.  In addition, APS and the other current co-owners will spend approximately $1.5 million for weatherization projects for local homes to reduce energy use.  Examples include the installation of floor, wall and attic insulation; sealing of windows and doors; duct sealing; passive solar retrofits; and testing and repair of combustion appliances. 

Finally, APS and the other current co-owners will spend $2 million to establish a Health Care Project trust fund.   The Health Care Project trust will pay for certain medical expenses for people living on the Navajo Nation, near the Four Corners Power Plant, who require respiratory health care.  The funds may be used to pay for complete medical examinations, tests, review of current medications, prescriptions, oxygen tanks and other medical equipment.  The funds may also be used to pay for transportation to and from the hospital or doctors’ offices.

SO2 and NOx, two predominant pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze.  These pollutants form particulates that can cause severe respiratory and cardiovascular impacts and premature death.

This settlement is part of EPA’s national enforcement initiative to control harmful emissions from large sources of pollution, which includes coal-fired power plants, under the Clean Air Act’s Prevention of Significant Deterioration requirements.  The total combined SO2 and NOx emission reductions secured from all these settlements will exceed 2 million tons each year, once all the required pollution controls are installed and implemented.

Citizen groups including Diń́é Citizens Against Ruining Our Environment, To’ Nizhoni Ani and National Parks Conservation Association are co-plaintiffs to the settlement and will simultaneously be resolving their own currently pending lawsuit against the companies.

The settlement was lodged with the U.S. District Court for New Mexico and is subject to a 30-day public comment period and final court approval. The proposed consent decree can be viewed at www.justice.gov/enrd/consent-decrees.

More information about EPA’s enforcement initiative: http://www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html

ALBUQUERQUE – Simon Nicholas Sais, 45, of Roswell, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 120 months in federal prison for his methamphetamine and cocaine trafficking convictions.  Sais will be on supervised release for five years after completing his prison sentence.

Sais was arrested on Oct. 22, 2014, on a criminal complaint charging him with distribution of methamphetamine and cocaine.  According to the complaint, between June 2013 and Aug. 2013, Sais sold approximately 359.4 grams of pure methamphetamine and approximately 43.5 grams of cocaine to an undercover agent working with the Lea County Drug Task Force (LCDTF) in Roswell and Hobbs, N.M.  Sais subsequently was charged on Jan. 14, 2015, in a six-count indictment charging him with distributing methamphetamine on five occasions between June 2013 and Aug. 2013, and distributing cocaine in June 2013.

On Feb. 24, 2015, Sais pled guilty to the indictment, admitting that between June 26 and Aug. 13, 2013, he distributed methamphetamine and cocaine throughout Lea County and Chaves County, N.M.  Sais pled guilty without the benefit of a plea agreement.

The conviction in this case was the result of an investigation by the Roswell office of the FBI and the Lea County Drug Task Force.  The case was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.

The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Gilberto Galvan-Gonzalez, 37, a Mexican national illegally in the United States, made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with possession of methamphetamine with intent to distribute.  Galvan-Gonzalez remains in federal custody pending a preliminary hearing and a detention hearing which have yet to be scheduled.

Galvan-Gonzalez was arrested yesterday after U.S. Border Patrol (USBP) agents allegedly located him entering the United States near Santa Teresa, N.M., while carrying approximately 3.16 pounds of methamphetamine concealed inside his backpack.  According to the criminal complaint, Galvan-Gonzalez allegedly was paid $1,500.00 to carry the methamphetamine from Mexico to the United States.

If convicted on the charge in the criminal complaint, Galvan-Gonzalez faces a statutory mandatory minimum of ten years and a maximum of life imprisonment, and will be deported following his incarceration.  Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Santa Teresa Station of the U.S. Border Patrol and the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Mark Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Ana Lopez, 25, of Albuquerque, N.M., was sentenced today in federal court in Las Cruces, N.M., to 30 months in prison followed by two years of supervised release for her conviction on conspiracy to distribute methamphetamine and heroin.

Lopez was one of six individuals charged in April 2014, in a criminal complaint with conspiracy to violate the federal narcotics laws by smuggling controlled substances into the Otero County Prison Facility (OCPF) in Chaparral, N.M.  The other defendants charged with participating in the conspiracy were Luis Delgadillo, 38, of El Paso, Texas, who was then employed as a corrections officer at OCPF, Nancy Salas, 36, of Alamogordo, N.M., and three OCPF inmates, Eric Lovato, 31, of Boles Acres, N.M., and Armando Lopez, 28, and Gary Borja, 27, both of Albuquerque.  All six defendants subsequently were indicted on Aug. 20, 2014, and charged with conspiracy to distribute methamphetamine and heroin charge on Aug. 20, 2014.  At the time the crimes were committed, Delgadillo was a corrections officer at the OCPF.

The FBI initiated an investigation into the case in Jan. 2014, after receiving information from the New Mexico Corrections Department showing that Delgadillo was smuggling heroin and methamphetamine into the OCPF.  The investigation, which included a review of recorded inmate telephone calls and OCPF surveillance video, physical surveillance and the results of inmate drug testing, identified the six defendants as members of a conspiracy who smuggled narcotics into the OCPF between Jan. 2014 and April 2014.

Ana Lopez pled guilty on Aug. 25, 2014.  In her plea agreement, Ana Lopez admitted participating in a conspiracy to smuggle drugs into the OCPF.  The plea agreement states that Ana Lopez was recruited to help smuggle drugs into the prison in Jan. 2014.  Ana Lopez admitted delivering an ounce of heroin in Feb. 2014 and again in March 2014, to a person knowing that the person would give it to a corrections officer who would smuggle the heroin into the prison.  Ana Lopez also admitted that on April 26, 2014, she met with the corrections officer and gave him 25 grams of methamphetamine, 11 grams of heroin and 10 suboxone pills so he could smuggle the drugs into the prison.

Lopez’s five co-defendants have entered guilty pleas to the indictment.  Sentencing hearings have yet to be scheduled.

This case was investigated by the Las Cruces office of the FBI and the New Mexico Corrections Department and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Luis Juan Contreras-Cano, 20, of Albuquerque, N.M., pleaded guilty today in federal court in to a methamphetamine trafficking charge.  Under the terms of his plea agreement, Contreras-Cano will be sentenced to 97 months in federal prison followed by a term of supervised release to be determined by the court.

Contreras-Cano and his co-defendant Carlos Davenport, 41, of El Paso, Texas, were arrested on Dec. 13, 2014, in Bernalillo County, N.M., after law enforcement officers executed a consensual search on the vehicle in which Contreras-Cano and Davenport were traveling and found ten pounds of methamphetamine.  Contreras-Cano and Davenport were subsequently indicted on Jan. 8, 2015, and charged with conspiracy to possess methamphetamine with intent to distribute, possession of methamphetamine with intent to distribute on Dec. 13, 2014, and using and carrying firearms in relation to a drug trafficking crime on Dec. 13, 2014.  All offenses took place in Bernalillo County.

During today’s proceedings, Contreras-Cano pled guilty to a felony information charging him with conspiracy to distribute methamphetamine.  In entering the guilty plea, Contreras-Cano admitted that while driving through Bernalillo County on Dec. 13, 2014, he and Davenport were stopped by Albuquerque Police officers who found ten pounds of methamphetamine, two firearms and ammunition during a consensual search of their vehicle.  Contreras-Cano further admitted that he and Davenport had acquired to the methamphetamine in Phoenix, Ariz., and were planning to redistribute the methamphetamine.

On June 17, 2015, Davenport pled guilty to Counts 1 and 3 of the indictment charging him with conspiracy to distribute methamphetamine and using and carrying a firearm in relation to a drug trafficking crime.  Under the terms of his plea agreement, Davenport will be sentenced to 15 years in federal prison followed by a term of supervised release to be determined by the court.

Contreras-Cano and Davenport have been in federal custody since they were arrested.  They remain detained pending their sentencing hearings, which have not been scheduled.

This case was investigated by the Albuquerque offices of the FBI and Homeland Security Investigations (HSI) and the Albuquerque Police Department.  Assistant U.S. Attorneys James R.W. Braun and Joel R. Meyers are prosecuting the case.

ALBUQUERQUE – James Sorrelhorse, Jr., 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to time served (131 days) followed by two years of probation for his misdemeanor assault conviction.

Sorrelhorse was arrested on Feb. 17, 2015, on a criminal complaint charging him with stabbing another Navajo man on Nov. 20, 2011, in Shiprock, on the Navajo Indian Reservation in San Juan County, N.M.

On April 17, 2015, Sorrelhorse entered a guilty plea to a misdemeanor information charging him with assault by striking.  In entering his guilty plea, Sorrelhorse admitted that on Nov. 20, 2011, he grabbed and assaulted the victim by striking him on the face and head.

This case was investigated by the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Linda Mott.